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Request
Today you published the accelerated misconduct outcome for Officer A, who was dismissed without notice:
It's the most heavily redacted misconduct outcome I have ever seen and am wondering if an error occurred and that parts were redacted that were not meant to be. You may not have made a mistake.
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
Findings of the hearing and a summary of the determination have been made publicly available. I am, however, exempting any additional information pursuant to Section 30 of the Freedom of Information Act (the Act) - Investigations and proceedings conducted by public authorities. Please see the below exemption explanation.
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. Please see the exemption explanations below.
Section 30 – Investigations and proceedings conducted by public authorities
Section 30 is a qualified, class-based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure.
Public Interest Test
Factors favouring disclosure for Section 30
Disclosing information relating to officer misconduct hearings ensures transparency. It demonstrates to the public that we do hold officers who breach the standards of professional behaviour, or those where misconduct is found proven, accountable for their actions.
Factors favouring non-disclosure for Section 30
Releasing evidential information relating to investigations/offences which may be used to ascertain whether a person/persons should be charged with an offence would adversely be affected if the information was released under the Act.
There are already procedures in place as to when to release this information and any additional releases of the information would prejudice any future investigations.
The right to a fair trial would be undermined.
Balancing Test
Whilst there is public interest in disclosing the requested information, there is also substantial public interest in the Force being able to carry out fair, competent and confidential investigations at all times.
After considering the reasons for and against disclosure, it is my opinion that the reasons for non-disclosure outweigh the reasons for disclosure.
Pursuant to Sections 17(1) and 17(4) of the Act this letter acts as a refusal notice 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.