FOI 0378-2024/25 - Misconduct Hearing

Request

According to Neil Wilby Media, you published details of a misconduct hearing for PC REDACTED Information  which was to start on 19/2/24:

https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fneilwilby.com%2F2024%2F02%2F13%2Funanswered-questions-as-alleged-liar-bully-and-wife-beater-faces-four-day-police-misconduct-hearing%2F&data=05%7C02%7CCivilDisclosure%40northyorkshire.police.uk%7C288398530c0e4f2d15a008dcafc04b16%7C2c84bc9193af476e9721cdad67cb3ead%7C0%7C0%7C638578487655777249%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=UFKP5GfemlbTO%2BBp0MSjLgU0j%2Bz%2FzI15YM%2Ffdh8XZ3Q%3D&reserved=0

I have searched your website for information about this hearing but found nothing.

Q1.  Can you confirm that the hearing took place?

Q2.  Please provide a copy of any misconduct hearing outcome that exists for PC REDACTED INFORMATION that I am entitled to under FOIA.

Response

Decision

North Yorkshire police can neither confirm nor deny that information is held as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemptions:

Section 40(5B)(a)(i) - Personal Information

Section 31(3) – Law Enforcement

Section 17 of the Act required 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. Please see the relevant exemption headers below for further information.

Section 40 – Personal Information is a class based absolute exemption and there is no requirement to evidence the harm or consider the public interest.

Disclosure under the Freedom of Information Act 2000 (the Act) is to the world, to confirm or deny that any information is held would disclose that individuals had, or had not, been subjected to disciplinary action at question one, and also whether any security arrangements are in place in relation to a private residence, which itself is personal information and therefore exempt under Section 40(5) of the Act.

Section 31 – Law Enforcement is a prejudice based qualified exemptions and any prejudice (harm) that confirming or denying information is held would cause must be articulated as well as the public interest considerations.

Harm in Confirming or Denying that Information is held

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.

Public Interest Considerations

Factors favouring confirmation or denial for S31

Confirming or denying whether information is held in relation to misconduct hearing outcome 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 confirmation or denial for S31

Confirming or denying that the requested information is held relating to misconduct hearing outcome, 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.

No inference can be taken from this refusal that information does or does not exist. 

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.