FOI 0455-2024/25- Officer investigated for racial hate offences

Request:

The following request refers both to criminal investigations for racial hate, and conduct/behavioural investigations regarding racial discrimination. Please include them both in your figures.

Q1. Since 01 August 2019, what is the total number of police officers within your force, at any rank, who have been investigated for racial hate offences?

Q2. Please categorise these investigations into the different types of racism that were alleged (e.g. Islamophobia, antisemitism, anti-Black racism, however it is that your force categorises racism offences)

Q3. Since 01 August 2019, what is the total number of police officers within your force, at any rank, who were: a) fired/struck off and; b) suspended, as a result of an investigation into a racial hate offence?

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 located information to you which is correct as of 15 October 2024.

Q1. 7

Q2. All hate crime allegations are recorded by our Professional Standards Department as ‘Hate Crime’ for the purposes of managing these investigations. The detail in which you have requested the information is not mandatorily recorded in such a way that can be retrieved for the purposes of your request and as such, where information is retrievable it has been provided.

Race – 7

Furthermore, I am exempting any further information to this question pursuant to Section 31(1)(g) by virtue of 2(b) – for the purpose of ascertaining whether any person is responsible for any conduct which is improper. Please see the exemption explanation below.

Q3. Of those above,  2 were dismissed.

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 conducts 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/ 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 misconducts, there is a very strong public interest in safeguarding the integrity of police investigations in the highly sensitive matters. As such any disclosure of such 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.

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.