Home > Access to information > FOI disclosure log > Investigations > FOI 1287.2017-18 NFA in relation to ill dog

FOI 1287.2017-18 NFA in relation to ill dog

Posted on

Request

Relating to;

https://www.nypkirbymisperton.org/news/two-men-arrested-suspicion-poisoning-dog-kirby-misperton/

https://www.nypkirbymisperton.org/news/update-no-action-connection-ill-dog/

1. Was the dog taken to a veterinary surgeon? Who was that veterinary surgeon?

2. If yes to question 1, what was the vet’s diagnosis?

3. Were samples taken from the dog and has there been a toxicology report?

4. If ‘yes’ to question 3, what was the result?

5. Has any link been made to the jar of aniseed balls taken from Habton Road outside of KM8 gates?

6. What is the nature of further evidence in this case that may be available in the future?

 

Extent and Result of Searches to Locate Information

To locate the information relevant to your request searches were conducted within North Yorkshire Police.

I can confirm that the information you have requested is held by North Yorkshire Police.

Decision

I have today decided to disclose the located information to you.

1. Was the dog taken to a veterinary surgeon?

Yes

1a. Who was that veterinary surgeon?

Section 40(2) – Personal Information

2. Please find below a summary from the vets.

‘Found it bright and alert. Heart rate normal as was temperature. No swellings round neck, no dehydration. No concerns but kept in as a precaution. Given activated charcoal along with food’.

3. Were samples taken from the dog and has there been a toxicology report?

A blood sample was taken.

4. If ‘yes’ to question 3, what was the result?

‘Nothing showed regards poisoning’.

5 & 6. I am exempting a response to these questions pursuant to Section 30(1)(a)(i) – Investigations

and Proceedings Conducted by Public Authorities.

Exemption Explanation

Section 17 of the Act requires North Yorkshire 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.

Section 30(1)(a)(i) – Investigations and Proceedings Conducted by Public Authorities is a qualified and class-based exemption, meaning that I must consider the public interest when applying this exemption.

Information that is held as part of a closed investigation is exempt if it may be used at any point should any new evidence be presented. If the information was to be released into the public domain then it would prejudice any future investigation into this or related matters.

Public Interest Test

Factors favouring disclosure

Disclosure of the information would lead to a better informed public and allow them to satisfy themselves that investigations are conducted properly.

Factors favouring non-disclosure

Releasing information that may be used should any new evidence come to light, would risk undermining the human rights of any suspects, and could prejudice any trial, should any charges be made.

Balancing Test

Whilst there is public interest in the disclosure of information, namely that the public would feel better informed as to the performance of North Yorkshire Police in conducting and completing these investigations, there is also substantial public interest in bringing any suspects to justice.

The effective delivery of operational law enforcement is of paramount importance to North Yorkshire Police in their duty to ensure the prevention and detection of crime is carried out and the effective apprehension or prosecution of offenders is maintained.

It is therefore our opinion that the balance lies in favour of non-disclosure of the information.

Section 40 – Personal Information

I am exempting the name of the veterinary surgeon pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act). Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.

Section 40(2)(b) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle (that of ‘fairness’.)

This exemption applies because the right given under the Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.

In all the circumstances of this instance it has been determined that the duty to the individual under the Data Protection Act 1998, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such cases, outweighs the public interest in disclosure.

Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights.

Pursuant to Section 17(1) of the Act this letter acts as a refusal notice under the Freedom of Information Act 2000 in relation to your request.

Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.

 

Last modified: May 11, 2018