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FOI Reference: 772/2024
Request:
Response:
I can confirm that Dyfed-Powys Police does hold the information requested, however a Section 31(1)(a)(b) Law Enforcement exemption has been applied to part of the requested information thereby exempting its release.
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 FOIA 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
Section 31(1)(a)(b) Law Enforcement:
(1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to prejudice -
(a) the prevention or detection of crime
(b) the apprehension or prosecution of offenders
Section 31 is a prejudice based qualified exemption and as such there is a requirement to provide details of the harm as well as the public interest test.
Harm in Disclosure
The FOI Act is ‘applicant blind’. This means that we cannot, and do not, ask about the motives of anyone who asks for information. In providing a response to one person, we are expressing a willingness to provide the same response to anyone, including those who might represent a threat to the UK.
Where disclosure will likely jeopardise the primary functions of Dyfed-Powys Police, namely to prevent and detect crime as well as apprehend and prosecute offenders, information needs to be protected.
In view of those functions, Level 1 Public Order officer’s role is to deal with protecting the public and policing public events which are high harm risk situations. Therefore, providing the number of Level 1 Public Order officers within Dyfed-Powys Police, along with other forces, would aid criminals to identify in which force areas the level of such a resource might be deemed as weaker, and use this knowledge to their advantage in furthering criminal activity around the force area and country as a whole.
The disclosure of information which is likely to undermine the Police service’s ability to serve the public by providing the primary functions stated, can only be considered as being harmful to the public.
Public Interest Test
Considerations favouring disclosure:
Disclosure would allow for greater public awareness and openness over Dyfed-Powys Police resource capability to deal with Public Order situations. As a result, the public would become more informed on how and where public funds are being spent in this area of policing and gain a greater knowledge of the resources available to prevent and detect crime. In itself that can lead to a reduction of crime and give the public more confidence in reporting incidents of crime, disorder and anti-social behaviour.
Considerations favouring non-disclosure:
Disclosing the requested information would have a detrimental impact upon operational policing. Disclosing the number of Level 1 Public Order officers within Dyfed-Powys Police, would provide those individuals or groups within the criminal fraternity a significant operational advantage as the information could be used with a view to develop tactics that would divert resources away from locations that they wish to target. This would clearly jeopardise the ability of Dyfed-Powys Police to respond appropriately to criminal activity and thereby protect the public.
The requested information could be used to compromise law enforcement capabilities by decreasing the ability of the police to fight crime, which would increase the commission of crime and subsequently have a detrimental impact on public safety as well as decrease public confidence in the police force.
Balancing Test
After weighing up the competing interests I have determined that the disclosure of the requested information would not be in the public interest. I consider that the benefit that would result from the information being disclosed does not outweigh the considerations favouring non-disclosure.
I find that the strongest reasons favouring disclosure are to provide greater public awareness and openness in how public funding is being spent, and whether Dyfed-Powys Police is suitably resourced to deal with Public Order situations.
However, the strongest and most decisive reasons against disclosure are the impact that disclosure would have on public safety, and the prevention of the malicious redirecting of Dyfed-Powys Police resources.
Clearly the release of any information that is likely to assist the criminal network and impact on our operational and tactical capabilities cannot be in the public interest and whilst wishing to embrace the ethos of information disclosure, this cannot take precedence over public safety.
Response 1:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below. 2011 Level 2 trained officers:
Rank |
Amount |
Constable |
116 |
Sergeant |
22 |
Inspector |
6 |
Total |
144 |
Please note that there is no information held for the 2011 Level 1 trained officers’ data.
Response 2:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below. 2024 Level 2 trained officers:
Rank |
Amount |
Constable |
111 |
Sergeant |
15 |
Inspector |
3 |
Total |
129 |
Please note, these numbers are a snapshot of one day and do in fact fluctuate.
(This is a response under the Freedom of Information Act 2000 and disclosed on 02/09/2024)