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FOI Reference: 774/2024
Request:
2a. If so, has the strategy been influenced by any high-profile stalking cases?
- NHS Trust/Health professionals – please specify
- Probation Services
- Local Authority/social services
- Victim liaison/victim aid
Response Q1
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.
I can confirm that the cost of determining whether any information relative to this request is or isn’t held is above the amount to which we are legally required to respond therefore we are withholding the whole of the requested information since we consider that the Section 12 (2) exemption the Cost of Compliance exceeds the Appropriate Limit applies to it.
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. The following exemption has been applied to the whole of the information you have requested:
Section 12(2) – The cost of compliance exceeds the Appropriate Limit
Section 12(2) states: “…Subsection (1) does not exempt the public authority from its obligation to comply with paragraph (a) of section 1(1) unless the estimated cost of complying with that paragraph alone would exceed the appropriate limit.”
The cost of determining what information is held, if any, relevant to your request is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information 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 13,504 hours) to comply with your request. The regulations can be located @ www.legislation.gov.uk/uksi/2004/3244
The Freedom of Information department has been advised that some of the information in respect 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 your request for the time frame stipulated it would involve Dyfed Powys Police accessing and reviewing 162051 call records that are recorded in this time period to identify the number of stalking incidents.
It has been established that there are a total of 162,051 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 record in respect of your request (as outlined above). The process outlined results in the below time estimate.
162,051 Records x 5 minutes per record = 13,504 hours
Time estimate to complete task = 13,504 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.
We have been advised that should you require details of stalking crime then that would be easily attained.
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 2 - 9, 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.
Response Q2
No
Response Q3
One
Response Q4
One interim SPO which then became a full SPO
Response Q5
The force has a Domestic Abuse and Stalking Perpetrator Co-ordinator.
Response Q6
The force has a Stalking Clinic.
Response Q7
Mental Health
Psychologist
Probation (soon to join)
Response Q8
Funded through the force budget.
Response Q9
Not at this time, however available options are discussed and relevant referrals / sign posting can be made
(This is a response under the Freedom of Information Act 2000 and disclosed on 03/09/2024)