Critical Incidents

Request Number: FOI/16385

Category: Operational policing, Investigations and Events - Investigations and Operations

Subject: Critical Incidents

Request and Answer:
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland does hold some information to which your request relates and this is being provided to you.
We further consider some of the information you seek in your request exempt by virtue of Section 38 of FOIA and have detailed our rationale as to why this exemption applies. We have also provided you with links to guidance issued by the Information Commissioner’s Office which we have followed in responding to your request.

Request
Under Freedom of Information legislation and pursuant to FOI/15879 and FOI/16140 please provide a breakdown of the general nature of the critical incidents.

Clarification Sought
Can you please provide a date range for your request?

Clarification Received
Calendar years 2020 to date 

Answer
2020 - Data breach

2021 - Concern for Safety
Police investigation x 2
Internal conduct

2022 - Road Safety Camera processing times
Police College training matter
Firearms licensing times
Internal conduct
Police Investigation x 2
Data breach x 3

2023 - Police investigation x 2
Data breach x2

2024 - Public disorder
Police investigation
Resources and industrial action

2025 - Police investigation
Legacy matter
Public disorder
Internal conduct

Partial exemption
Please note that PSNI has considered one the incidents above exempt under Section 38 - Health and Safety as, if disclosed, it is likely to impact on the mental health of the relevant individuals that were involved and we have not provided any details with regards to this incident. This exemption will be explained in detail further below.

Section 17(1) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:

1. states that fact,
2. specifies the exemption in question and
3. states (if not otherwise apparent) why the exemption applies.

The exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 38(1)(b) – Health & Safety - Information is exempt information if its disclosure under this Act would, or would be likely to (b) endanger the safety of any individual.

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.

Section 38 is a prejudice based qualified exemption and there is a requirement to articulate the harm that would be caused in releasing the requested information, as well as considering the public interest to ensure that withholding the information is the appropriate response.

Harm
It is our view (and that of the Information Commissioner) that in order to demonstrate a danger to mental health under s38, that clinical evidence of a psychiatric condition is not necessary. This has been confirmed by the Information Tribunal confirmed this view in the PETA case (PETA v Information Commissioner & University of Oxford EA/2009/0076)). It also explained however that the effect of the disclosure upon any individual’s mental health must “go beyond stress or worry". The disclosure of this information is very likely to adversely affect the mental health of individuals that were involved in this incident as well as family and friends, therefore we are satisfied that this incident meets this criteria.

Public Interest Test

Factors Favouring Release - Section 38
Public safety is of paramount importance to the PSNI and must always be considered so that the PSNI’s ability to fulfil its core function of law enforcement is protected. PSNI would not wish to endanger the health and safety of any individual although to release the information would promote openness and transparency of records held by PSNI.

Factors Favouring Retention Section 38
The disclosure of this information could potentially identity the individual involved and in turn cause distress, upset and harm to those involved including family and friends

Decision
The public entrust the Police Service to make appropriate decisions with regard to their safety and protection and the only way of reducing risk is to be cautious with what is placed into the public domain.

Whilst there is a public interest in the openness and transparency of the PSNI, there is a strong public interest in safeguarding members of the public and the ability of the police service to protect individuals. Disclosure of this information would create a significant risk to those involved and to their close friends and family. Information should not be released, if it is likely to have a detrimental effect on the physical or mental health of any individual. It is for these reasons that the public interest must favour withholding the requested information.