Hospital Sexual Offences Breakdown

Request Number: FOI/15050

Category: Incident and Crime Statistics - Sexual Offences

Subject: Hospital Sexual Offences Breakdown

Request and Answer:
Your request for information below has now been considered. In respect of Section 1(1)(a) of the Freedom of Information Act 2000 (FOIA) We can confirm that the Police Service of Northern Ireland does hold the information you have requested however it is estimated that the cost of complying with your request for information would exceed the “appropriate costs limit” under Section 12(1) of the Freedom of Information Act 2000 and this will be further explained below. PSNI have followed the Information Commissioner’s Office guidance ‘Requests where the cost of compliance exceeds the appropriate limit’ in relation to this request, which also provides further detail on the application of Section 12 (1) of the FOIA. This guidance is available on the ICO website at the following link: 
https://ico.org.uk/media/for-organisations/documents/1199/costs_of_compliance_exceeds_appropriate_limit.pdf

Request 1
As your response suggests that gender information is available, could you please provide the gender breakdown (victim and suspect) for the relevant incidents recorded between November 2022 and October 2024 where the location was described as a hospital?

Request 2 
I would also like to refine my previous request to focus specifically on any incidents between October 2023 and October 2024 where either the victim or the suspect was recorded as a staff member.

Request 3
If this data can be retrieved without exceeding the FOI cost threshold, please provide the number of such cases and any available breakdown.

Answer
Section 17(5) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, when refusing to provide such information (because the cost of compliance exceeds the appropriate limit) to provide you the applicant with a notice which states that fact.

It is estimated that the cost of complying with your request for information would exceed the “appropriate costs limit” under Section 12(1) of the Freedom of Information Act 2000. Section 12 of FOIA allows a public authority to refuse to deal with a request where it estimates that it would exceed the appropriate limit to either comply with the request in its entirety or confirm or deny whether the requested information is held. The estimate must be reasonable in the circumstances of the case. The ‘appropriate limit’ is currently £600 for central government and £450 for all other public authorities including PSNI. The relevant Regulations which define the appropriate limit for section 12 purposes are The Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulation 2004 SI 2004 No 3244. These are known as the ‘Fees Regulations’ for brevity. 

Regulation 4(3) of the Fees Regulations states that a public authority can take into account the costs it reasonably expects to incur in carrying out the following permitted activities in complying with the request: 

(i) determining whether the information is held; 
(ii) locating the information, or a document containing it; 
(iii) retrieving the information, or a document containing it; and 
(iv) extracting the information from a document containing it. 

Under those regulations PSNI can calculate the time spent on each of these permitted activities at £25 per hour (thus if the activity(s) takes more than 18 hours PSNI will be in excess of the ‘appropriate limit’).

When a public authority is estimating whether the appropriate limit is likely to be exceeded, it can include the costs of complying with two or more requests if the conditions laid out in Regulation 5 of the Fees Regulations can be satisfied. Those conditions require the requests to be: 

• made by one person, or by different persons who appear to the public authority to be acting in concert or in pursuance of a campaign;
• made for the same or similar information; and
• received by the public authority within any period of 60 consecutive working days. 

Regulation 5(2) of the Fees Regulations requires that the requests which are to be aggregated relate “to any extent” to the same or similar information. This is quite a wide test but public authorities should still ensure that the requests meet this requirement.

Enquiries made in relation to your request has identified that retrieval of information to respond to your request would exceed the FOI legislative cost of 18 hours as set by the Secretary of State.

We identified a total of 131 relevant incidents. To accurately provide you with suspect information to each specific offence, we would need to manually examine each incident and any linked incident. We carried out a dip sample on 30 of the 131 incidents. Each incident took 10 minutes to examine. To check all 131 incidents would take 22 hours. 

In accordance with the Freedom of Information Act 2000, this letter should be considered as a Refusal Notice, and the request has therefore been closed. 

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.

In relation to request 1, you may wish to submit a refined request for the gender breakdown of victims for the relevant incidents recorded between November 2022 and October 2024 where the location was described as a hospital.  

In relation to request 2, we may be able to provide an answer within the appropriate limit. However please note the information relating to request 2 will most likely be subject to exemptions. 

In relation to request 3 the Act does not require public authorities to work up to the cost limit.

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.