Deaths in Hospitals in 2021 1067/2024

FOI Reference: 1067/2024

Request:

Given the information you have provided, I would be grateful if you could disclose the number of deaths in a hospital setting reported to DPP by HDda HB in August 2021, please, together with the reason for the referral(s).

Response:

I can confirm that Dyfed-Powys Police does hold the information requested. However, some of that information has been withheld under Section 38(1)(a), Health & Safety.

Explanation of the applied exemption

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon, Section 17 of Freedom of Information Act requires that we provide the applicant with a notice which:

a) States that fact

b) Specifies the exemption(s) in question and

c) State (if that would not otherwise be apparent) why the exemption applies

I can confirm that Dyfed-Powys Police does hold the information that you have requested. However, we are withholding some of the information since we consider that the following exemptions apply to it:

Section 38(1)(a) Health & Safety

The Section 38 exemption is a prejudice-based qualified exemption. There is therefore a requirement to carry out a HARM Test in respect of such information and there is a requirement to carry out a Public Interest Test in order to establish whether the public interest in maintaining the exemption may be outweighed by a wider public benefit in disclosure.

(1) Information is exempt information if its disclosure under this Act would, or would be likely to –

(a) Endanger the physical or mental health of any individual,

Harm

To release this information into the public domain, could cause mental harm to the health of any surviving relative of the deceased as to publish this information would create difficult and painful memories to family members at a time when those family members may well be within the healing process, through time, in coming to terms with what happened to their relative some time ago.

Public Interest Test

Considerations favouring disclosure - Disclosure of the information would lead to better informed public awareness on how the police deal with such reports and the use of public funds ensuring transparency in the activities of the public authority.

Considerations favouring non-disclosure - Disclosure of the information would cause significant distress to the family. Releasing the information could also jeopardise the mental well-being of members of the family who are only just coming to terms with events of the past in relation to such matters. Disclosure of the information would therefore result in a loss of confidence in the public authority to protect the well-being of the family and local community.

Balance Test:

Disclosure under the Act is a disclosure to the world not just to the individual making the request. The proper detection, investigation and prosecution of crimes are cornerstones of a modern democratic society. The Police Service will never divulge information if it will hinder that core responsibility or affect the health and safety or well-being of individuals or groups of people. Although the way the Police record data and conduct investigations, should be transparent and shared with the public they have a greater duty to protect the public from harm or distress. Therefore, in this case, the balance lies in favour of non-disclosure of the requested information.                                               

It should be noted that as a result of the systems adopted by Dyfed-Powys Police in relation to the recording of such information that the information released may or may not be accurate.

(This is a response under the Freedom of Information Act 2000 and disclosed on 13/11/2024)