Dog attacks 1105/2024

FOI Reference: 1105/2024

Request:

1) The number of reported dog attacks (Home Office code 008/21 – owner or person in charge allowing dog to be dangerously out of control in any place in England or Wales injuring any person or assistance dog) from Jan 1st 2023 to Nov 1st 2024, giving a month by month breakdown. 

2) If time constrains allow - please provide the breed of dog involved in the attack.

Response:

Section 1 of the Freedom of Information Act 2000 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 the Freedom of Information Act 2000 requires Dyfed Powys Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:   (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.

I can confirm that Dyfed-Powys Police does hold the information you have requested. However we are withholding the whole of the requested information since we consider that the Section 12(1) exemption the Cost of Compliance exceeds the Appropriate Limit applies to it.

Section 12 (1) – The cost of compliance exceeds the Appropriate Limit

Section 12(1) states: “…Section 1 (1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.”

The cost of providing you with the information requested in respect of your request is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information in respect of question 2 of your request exceeds the “appropriate level” as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004. It is estimated that it would exceed 18 hours (i.e. minimum of 43 hours) to comply with this part of your request. The regulations can be located @ https://www.legislation.gov.uk/uksi/2004/3244

The Freedom of Information department has been advised that the information in respect of question 2 of your request is not held in an easily retrievable format. In light of this and in order to accurately obtain the information relative to this part of your request would involve Dyfed Powys Police accessing and reviewing each and every dog attack offence record to identify the breed of dog involved in the attack. It has been established that there are a total of 516 offence records that cover the period of your request.  It has also been established that it would take a minimum of 5 minutes to review and obtain the information for a single offence record in respect of question 2 of your request (as outlined above).  The process outlined results in the below time estimate.

Jan 23 – Oct 24 = 516 records@ a minimum of 5 minutes per record = 43 hours

Time estimate to complete task = 43 hours

In accordance therefore with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for the Whole of this request under Section 17(5) A public authority which, in relation to any request for information, is relying on a claim that section 12 or section 14 applies must, within the time for complying with section 1(1), give the applicant a notice stating that fact.

You may wish to refine and resubmit your request so that it reduces the time shown above to fall within the 18 hours, should you require any further advice in relation to this matter please don’t hesitate to contact the Freedom of Information Unit. Please also be advised that should the request be refined, it does not remove the public authorities right to cite exemptions if relevant.

Although excess cost removes the forces obligations under the Freedom of Information Act to provide any further information, as a gesture of goodwill, I have provided information, relative to question 1 of your request which has been easily retrievable and outlined below. I trust this is helpful, but it does not affect our legal right to rely on the fees regulations for the remainder of your request.

Question 1:

(This is a response under the Freedom of Information Act 2000 and disclosed on 26/11/24)