May 01, 2025 | Operational Policing, Investigations and Events , Local Policing
Request Number: FOI/14131
Category: Other
Subject: PSNI Patrols
Request and Answer:
In relation to request number FOI/14131 Police Service of Northern Ireland is providing an NCND response and will explain this further in the response below.
Request
Hi it is with great distress I have to request an FOI request again in regards to <Named Location>.
Could you please give details of the reason for the PSNI to constantly patrol the above estate on a daily basis yet they do not patrol any of the other 32 estates in the village?
These patrol are intimidating for the law abiding residents as well as feeling harassed by these patrols especially when there has been no crimes committed and the residents feel discriminated against as other residents in other estates to not have to insure these daily and nightly patrols.
The only reason we can think of for these patrols are to protect agents of the state provocateurs or protecting residents that are under some sort of threat and moved to this area if this is the case would it not be beneficial to inform other residents of any threats instead of just letting patrols drive In around the estate and back out again without stopping.
I hope you can reply to this FOI request I also understand that you may withhold some I formation that you cannot disclose but surely the PSNI could approach and security situation that is in the vicinity in a more dignified manner and in my opinion which would not harass on feel discriminated other residents in the village.
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).
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:
Section 31 is a 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.
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.
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.
Decision
The PSNI is charged with enforcing the law, preventing and detecting crime and protecting the community we serve. The security of the province is of paramount importance and PSNI will not divulge whether information is or is not held and whilst there is a public interest in the transparency of policing and providing assurance that the police service is appropriately and effectively. The requirement to ensure that current and future law enforcement of the PSNI is not compromised and the information is of paramount importance, on this or on other instances when this type of information is requested, must take precedence over accountability of the Service and accountability for public funds. Therefore the only way of reducing risk is to be cautious with what is placed into the public domain.
The PSNI will not divulge whether any information is or is not held if to do so could undermine or compromise its law enforcement role and any disclosure by PSNI, no matter how generic, would undermine any trust or confidence individuals have in us, therefore, at this moment in time it is our opinion that the decision favours neither confirming nor denying that information is held.
However, this should not be taken as conclusive evidence that the information you requested exists or does not exist.