August 29, 2025 | Discipline and Misconduct , Discipline
Request Number: FOI/15411
Category: Discipline, Complaints and Legal - Discipline
Subject: Officers Suspended or Repositioned
Request and Answer:
In relation to request number FOI/15411 Police Service of Northern Ireland is providing an NCND response and will explain this further in the response below.
Request 1
Can you confirm how many if any officers have been suspended or repositioned in Belfast Policing Command (District Policing) LPT or NPT between 20th June and 20th July 2025.
Request 2
If any officer(s) have been repositioned or suspended how many were as a result of a use of force investigation by PONI or PSD?
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 exemption/s 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 38(2) Health and 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 be likely to, have either of the effects mentioned in subsection (1).
Section 40(5)(a)(b)(i) Personal Information - The duty to confirm or deny does not apply if to do so would contravene any of the Data Protection Principles.
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.
However, this should not be taken as conclusive evidence that the information you requested exists or does not exist.
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:
Section 40 is a class based exemption; therefore it is not necessary to carry out a public interest test for this particular exemption.
40(5B)(a)(i) - Personal Information
Information disclosed under the FOIA is disclosed into the public domain, effectively to the world and not just to one individual. To confirm or deny whether personal information exists in response to your request could publicly reveal information about an individual or individuals, thereby breaching the right to protection of their personal information afforded to them under the Data Protection Act 2018. When confirming or denying that information is held would breach an individual’s rights under the Data Protection Act legislation, section 40 (5) becomes an absolute exemption, and there is no requirement to provide evidence of a prejudice occurring, or to conduct a public interest test. To confirm or deny that the PSNI hold or do not hold information would in fact confirm information about an individual including the fact it may or may not be held. This would amount to a release into the public domain of personal information about an individual. The individual would have no expectation that these details would be released into the public domain, therefore their data protection rights would be breached by release.
PSNI considers the information you have requested is exempt by virtue of Neither confirm nor deny exemptions which PSNI is entitled to rely upon. This should not be taken as conclusive evidence that the information you requested exists or does not exist.
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 there is no control or limits as to who or how the information is shared with other individuals, therefore a release under FOI is considered a disclosure to the world in general.
Section 38 is a prejudice-based and qualified exemption which means the public authority must demonstrate the harm in confirming or denying that the information exists and carry out a public interest test.
Harm for NCND
Under the Freedom of Information Act 2000 (FOIA) a request is treated as applicant blind, as proof of identity is not required under the legislation. PSNI consider a release under the FOI Act is to the world at large and not to an individual or a private citizen. As such any consideration should be made as to whether to confirm or deny if this information exists, within the public domain.
Public Interest Test
Factors Favouring Confirmation or Denial - Section 38
Confirmation or denial of the existence of the information. As there is a public interest this would allow for better informed public awareness and debate and would assist the public in ensuring openness and transparency.
Factors Against Confirmation or Denial - Section 38
Confirming or denying that information exists could lead to the loss of public confidence in PSNl's ability to protect the wellbeing of any individual(s) that may be the subject of the requested information.
Decision
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 neither confirming nor denying that the requested information is held. Confirmation or denial of whether the PSNI hold any information would amount to a release of information either on this occasion or on other occasions where a similar request is made.
Irrespective of what information is or is not held, the public entrust the PSNI 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. It is for these reasons that the public interest must favour neither confirming nor denying that the requested information is held.
A disclosure of information under Freedom of Information is a release to the world in general and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how the information is shared with other individuals, therefore a release under FOI is considered a disclosure to the world in general.
However, this should not be taken as conclusive evidence that the information you requested exists or does not exist.