Incidents involving Synthetic Opioids and Naloxone

Request Number: FOI/15723

Category: Incident and Crime Statistics – Alcohol and Drugs

Subject: Incidents involving Synthetic Opioids and Naloxone

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:
ico.org.uk/for-organisations/foi/guide-to-managing-an-foi-request/charging-a-fee-and-cost-limits/

Request 1
The number of arrests or recorded offences relating to the possession and distribution of nitazenes and other synthetic opioids, for each year available up to and including 2025.

Request 2
The number of instances in which naloxone has been administered by PSNI officers, for each year available up to and including 2025.
Of these instances, the number in which naloxone had to be administered more than once to the same individual in a single episode.

Request 3
The number of instances in which naloxone was administered but the recipient subsequently died, if such information is collected. If this information is not recorded, please confirm.

Request 4
If the data is held at multiple levels of aggregation, I would prefer the lowest level of detail that can be released without breaching confidentiality (e.g. Northern Ireland as a whole, or by policing district if available).

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.
With regards to Request 1, PSNI can confirm while this information is held electronically, it is not held in a retrievable format. Unfortunately we are unable to identify arrests specifically for synthetic opioids and nitazenes, they would all be under Class A arrests. Therefore, to retrieve this data we would need to conduct a manual trawl of each incident - of which there are approximately 3000 for the time period requested. Even if this took as little as 1 minute per incident, this would still take roughly 50 hours, vastly exceeding the legislative time frame of 18 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. PSNI can advise that we would be able to answer Requests 2 and 3, if a newly refined request was submitted and we can further advise that we hold no information in relation to Request 4.

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.