Convicted Paedophiles - East Belfast

Request Number: FOI/15721

Category: Incident and Crime Statistics - Sexual Offences

Subject: Convicted Paedophiles - East Belfast

Request and Answer: 
In relation to request FOI/15721 Police Service of Northern Ireland (PSNI) is providing an NCND response and will explain this further in the response below.

Request
I, as a concerned father of 2 would like to submit an FOI request to find out where any convicted paedophiles live in East Belfast. 

The only postcode range I would like the information on is BT4-BT5.

Answer
Answer In accordance with the Act, this letter represents a Refusal Notice for this particular request. The Police Service of Northern Ireland can neither confirm nor deny that it holds the information you have requested.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the information specified in the request is held. The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held.

Where exemptions are relied upon Section 17(1) of FOIA requires that we provide the applicant with a notice which
a) states that fact,
b) specifies the exemption(s) in question and
c) states (if that would not otherwise be apparent) why the exemption applies.

The Police Service of Northern Ireland (PSNI) can Neither Confirm Nor Deny that it holds the information relevant to your request as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemptions:

Section 31(3) - Law Enforcement - The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1) (a) would or would be likely to, prejudice any of the matters mentioned in subsection (1).

Section 38(2) - Health & Safety - The duty to confirm or deny does not arise if, or to the extent that, compliance with Section 1 (1)(a) would or would likely endanger the safety of an individual.

Section 40(5B)(a)(i) – Personal Information - The duty to confirm or deny does not arise if to do so would contravene any of the data protection principles.

Section 44(2) Prohibitions On Disclosure – The duty to confirm or deny does not arise if the confirmation or denial would have to be given to comply with Section 1(1)(a) would (apart from this Act) fall within any of paragraphs (a) to (c) of Subsection (1)

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.

‘Neither Confirm nor Deny’ (NCND)
There may be occasions when complying with the duty to confirm or deny under section 1(1) (a) would in itself disclose sensitive or potentially damaging information that falls under an exemption. In these circumstances, the Act allows a public authority to respond by refusing to confirm or deny whether it holds the requested information.

The decision to issue a ‘neither confirm nor deny’ response is not affected by whether we do or do not hold the information but relates to the consequences of confirming or denying the information is held. The starting point and main focus in most cases will be theoretical considerations about the consequences of confirming or denying that a particular type of information is held. The decision to neither confirm nor deny is separate from a decision not to disclose information and needs to be taken entirely on its own merits.

PSNI follow the Information Commissioner’s Guidance in relation to ‘NCND’ and you may find it helpful to refer to this at the following link:
https://ico.org.uk/for-organisations/guidance-index/freedom-of-information-and-environmental[1]information-regulations/when-to-refuse-to-confirm-or-deny-holding-information/

Section 31 and 38 are prejudice-based, qualified exemptions which means the public authority must demonstrate the harm in confirming or denying that the information exists and carry out a Public Interest Test.

Section 40 is a Class-based exemption, therefore it is not necessary to evidence the harm caused by disclosure nor is it necessary to carry out a public interest test in this case.

Section 44 is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure.

Exemptions Explained
Section 40(5B)(a)(i) - Personal Information
The release of information under Freedom of Information (FOI) is a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI Request, there is no control or limits as to who or how the information is shared with other individuals, therefore a release under FOIA is considered a disclosure to the world in general.

To confirm or deny that PSNI hold or do not hold information would in fact confirm information about an individual. This would amount to a release into the public domain of personal information about an individual and likely to cause distress. The individual would have no expectation that these details would be released into the public domain; therefore PSNI would breach its data protection obligations and be unfair to individuals.

Section 44 – Prohibitions on Disclosure
The Freedom of Information Act does not override other laws that prevent the disclosure of information, referred to as ‘statutory bars’, and section 44 of the FOIA makes it clear that information is considered to be exempt from disclosure if as stated in Section 44(1):

“(1) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it –
(a) is prohibited by or under any enactment,
(b) is incompatible with any obligation, or
(c) would constitute or be punishable as a contempt of court.”

Section 44 creates an absolute exemption so as to ensure that where information is subject to some prohibition on disclosure it will be exempt under the Freedom of Information Act. In this case PSNI consider that some of the information you have requested is exempt under section 44 of the Freedom of Information Act by virtue of the Multi Agency Public Protection Arrangements in Northern Ireland (MAPPA).

Harm for NCND
Whilst there is a public interest in the transparency of policing, providing assurance that the Police Service is appropriately and effectively engaging with the threat from criminals, this should be countered against the need to protect vulnerable areas, and ongoing Policing operational activity. To confirm or deny that this information is held may endanger the safety of residents living in this area. If PSNI confirm that information is held and an individual who lives in or near this specific area is suspected to be on the sex offenders register then there is a likelihood of reprisals from members of the local community.

Public Interest Test Factors Favouring Confirmation or Denial - Section 31(3)
Confirming or denying whether any information is held would provide an insight into the police service. This would enable the public to have a better understanding of the effectiveness of the police. It would greatly assist in the quality and accuracy of public debate, which could otherwise be steeped in rumour and speculation. Where public funds are being spent, there is a public interest in accountability and justifying the use of public money.

Factors Against Confirmation or Denial - Section 31(3)
By confirming or denying whether information is held could compromise law enforcement tactics which would hinder the prevention and detection of crime and impact on police resources which may need to be increased to reassure the public and protect the surrounding community. This would result in more risk to the public and consequently require the use of more police resources. Vulnerable areas could be identified by disclosure leading to more criminal activity placing the public in harm’s way

Section 31 - Balancing/Decision
The points above highlight the merits of confirming, or denying, whether any information pertinent to this request exists. The Police Service of Northern Ireland is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. The PSNI will never divulge whether or not information pertinent to this request does or does not exist, if to do so would place the safety of an individual(s) at risk, compromise an ongoing investigation or undermine the policing purpose in the effective delivery of operational law enforcement. 

Therefore, at this moment in time, it is our opinion that for these issues the balance test for confirming nor denying that information is held is appropriate.

However, this should not be taken as conclusive evidence that the information you requested exists or does not exist.

Factors Favouring Confirmation or Denial – Section 38(2)
Confirmation or denial of the existence of the information would allow for better informed public awareness and debate and would assist the public in deciding whether they should take steps to protect themselves.

Factors Against Confirmation or Denial – Section 38(2)
Confirmation or denial of this information would create a significant risk to residents in the area who may be suspected of being sex offenders. Potentially there is a likelihood of reprisals/attacks against those suspected of being on the sex offenders register.

Section 38 –Balancing/Decision
The PSNI is charged with enforcing the law, preventing and detecting crime and protecting the community we serve. While there is a public interest in demonstrating transparency and accountability to the public, the safety of individuals is of paramount importance and PSNI will not divulge whether information is or is not held if to do so would place any individual at risk of harm. Any disclosure by PSNI, no matter how generic, would undermine any trust or confidence individuals have in us therefore, it is our view that for these issues the decision favours neither confirming nor denying that the requested information is held. On this occasion the PSNI considers the balance of the public interest therefore must favour neither confirming nor denying.

However, none of this should be taken as conclusive evidence that any information relating to registered sex offenders who live in or near this area exists or does not exist.

Advice and assistance
You may wish to submit a refined request in order that the cost of complying with your request may be facilitated within the ‘appropriate limit’. In compliance with Section 16 of the Act, we have considered how your request may be refined to bring it under the appropriate limit. Police cannot release information on where convicted Sex offenders live.  This would leave them open to risk of harassment and/or harm, given the public discourse around sex offenders, particularly those with convictions against children. PSNI can advise that we could provide the number of Registered Sex Offenders in the BT4/5 postcode areas, if a new request is submitted.

PSNI can advise ‘A Child Protection Disclosure Scheme’ request can be submitted either at a police station or online using the following link: Child protection disclosure | PSNI

Submission of a refined request would be treated as a new request, and considered in accordance with the Freedom of Information Act 2000, including consideration of relevant Part II exemptions.