FOI 1242-2025/26- Officer suspension

Request:

I would like to request the following information regarding police officers suspended from duty in relation to allegations of sexual misconduct or sexual offences.

Please provide:

Q1. Current Suspensions: The total number of police officers currently suspended on full pay (as of the date of this request) where the reason for suspension includes allegations of sexual misconduct, sexual harassment, sexual assault, or rape.

Q2. Cost of Suspensions: The total gross salary paid to officers suspended for sexual misconduct/sexual offences during the financial year 2024/2025 (April 1, 2024 to March 31, 2025) and for the current financial year to date (April 1, 2025 to present).

Q3. Duration of Investigations: Of those currently suspended for the reasons listed in Question 1, please provide a breakdown of how long they have been suspended. Specifically, how many have been suspended for:

O 6 to 12 months

O 12 to 24 months

O Longer than 24 months

If the cost calculation for Question 3 exceeds the cost limit under Section 12 of the Act, please prioritise providing the data for Questions 1 and 2, and provide the salary cost for the most recently completed financial year only

Response:

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 following information to you.

Q1 & Q3. 1 for the length of 12-24 Months

Q2. I am exempting the specific salary paid pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act). Please see the exemption explanation below.

For any ongoing investigations I am exempting any data pursuant to Section 31(1)(g) by virtue of 2(b) the purpose of ascertaining whether any person is responsible for any conduct which is improper and section 40(2) Personal information. Please see exemption explanation below.

Exemption Explanation

Section 31(1)(g) (2b) – Law Enforcement

Section 31 is a prejudice-based qualified exemption and there is a requirement to articulate the harm as well as carrying out a public interest test.

Evidence of Harm

As you may be aware, disclosure under FOIA is a release to the public at large. Whilst not questioning the motives of the applicant, releasing any information held regarding details of cases where investigations are/have taken place would prejudice a fair and just process in ascertaining whether any person is responsible for any conduct matter which is improper.

Factors favouring disclosure under Section 31

Releasing information would allow the public to have a better understanding of the types of complaints that are being made by the public or staff members.

Information would ensure transparency around such conduct matters.

Factors against disclosure under Section 31

It can be argued that there are risks associated with providing information in relation to conduct matters, as full details and accounts may not have fully been assessed in respect of truth /conduct. This in turn would affect the forces ability to carry out law enforcement as information could be used against officers or staff where there is no justification to do so, as cases may not be upheld.

Standards of Professional Behaviour are expected by the police and the public on how police officers should behave. As such there are already processes in place for disclosing such matters e.g. ‘gross miscounts’ when certain cases have been held. Disclosing any other information may affect the public’s confidence in the police service and also affect those who may have been involved in the cases. As information is provided in confidence, to reveal such information would prejudice that sharing of information between the public/victim and the police.

Balance test

Whilst there is a public interest in the transparency of policing misconduct matters, there is a very strong public interest in safeguarding the integrity of police investigations in these highly sensitive areas. As such any disclosure of information will only be overridden in exceptional circumstances. It is our opinion that for these issues the balancing test for exempting your request is not made out.

Section 40 – Personal Information

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 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 40(2) 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; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).

This exemption applies because the right given under the FOI 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 the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure.  In this instance, personal information can only be disclosed to the individual concerned. 

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.