Regulation 20

May 30, 2025 | Discipline and Misconduct , Discipline

Request Number: FOI/14422

Category: Discipline, Complaints and Legal - Discipline

Subject: Regulation 20

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 consider the information you seek in request numbers 3 and 4 exempt by virtue of Section 30, 31 and 44 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 1
Please confirm if the PSNI has been provided with any Regulation 20 (Chief Constable referral) reports by the Police Ombudsman since 2020.

Request 2
If so, how many?

Answers 1 & 2
We can confirm that the PSNI has been provided with a total of 90 Regulation 20 reports since the beginning of the 2020-2021 financial year.

The breakdown for each of those years is as follows:
2020-2021: 5
2021-2022: 13
2022-2023: 20
2023-2024: 32
2024-2025: 19
2025-2026 (to date): 1

Request 3
Please provide the full title/description of each report and when it was provided to the PSNI.

Request 4
Please provide a copy of each report.

Answers 3 & 4
Of the Regulation 20 reports listed in response to Requests 1 and 2, summaries were published on the PONI website, in relation to 17 reports. The links to those reports are as follows:

  1. https://www.policeombudsman.org/news/%E2%80%98no-credible-evidence%E2%80%99-to-verify-allegations-about-ruc-officer-in-fatal-shooting-of-michael-tighe
  2. https://www.policeombudsman.org/news/could-not-be-established-that-ruc-special-branch-officers-heard-admission-of-eoin-morley%E2%80%99s-murder
  3. https://www.policeombudsman.org/news/call-for-police-ombudsman-fast-tracking-powers-after-police-officer%E2%80%99s-dismissal-takes-four-years
  4. https://www.policeombudsman.org/news/police-planned-appropriately-but-did-not-have-time-to-prevent-firing-of-shots-at-inla-commemoration
  5. https://www.policeombudsman.org/news/police-ombudsman-investigation-results-in-management-action-against-74-police-officers-who-inappropr
  6. https://www.policeombudsman.org/news/police-missed-opportunities-to-identify-man-as-subject-of-dissident-threat-before-his-murder
  7. https://www.policeombudsman.org/news/officer-dismissed-after-predatory-behaviour
  8. https://www.policeombudsman.org/news/glenn-quinn-murder-psni-failed-to-deal-properly-with-death-threat
  9. https://www.policeombudsman.org/news/psni-civilian-detention-officer-dismissed-after-assault-conviction
  10. https://www.policeombudsman.org/news/%E2%80%98multiple-failings%E2%80%99-by-police-before-belfast-man%E2%80%99s-death
  11. https://www.policeombudsman.org/news/police-probationers-commended-by-police-ombudsman-for-reporting-colleague%E2%80%99s-inappropriate-behaviour
  12. https://www.policeombudsman.org/news/police-ombudsman-recommends-head-mounted-cameras-for-armed-officers
  13. https://www.policeombudsman.org/news/psni-officer-dismissed-after-taking-home-bike-belonging-to-vulnerable-man
  14. https://www.policeombudsman.org/news/police-custody-staff-commended-for-vigilance-after-drugs-overdose
  15. https://www.policeombudsman.org/news/police-ombudsman-investigation-into-%E2%80%98protect-our-monuments%E2%80%99-protest-%E2%80%98closed-prematurely%E2%80%99
  16. https://www.policeombudsman.org/news/police-officer-disciplined-for-inaction-following-suspected-drugs-find
  17. https://www.policeombudsman.org/investigation-reports/current-investigations/officer-given-final-written-warning-after-misleading-supervisor-and-members-of-public


We are, however, prevented from releasing either the full title, brief description or copies of each Regulation 20 report, which is exempt information for the reasons outlined below. Regulation 20 reports have limited circulation and are issued, in compliance with legislation, only to the Chief Constable of the PSNI, the Northern Ireland Policing Board and the Department for Justice. Reports to date have been written in a format applicable to this limited distribution.

However, the Police Ombudsman has, in her most recent five year review of legislation (https://www.policeombudsman.org/publications/review-under-section-61(4)-of-the-police-(northern-ireland)-act-1998), recommended changes to the law to:

  • allow her to publish Regulation 20 reports, at her discretion and when it is in the public interest to do so, with appropriate safeguards:
    • for the protection of the privacy of individuals and the rights and interests of other persons,
    • and in relation to the requirements of natural justice and procedural fairness;
  • provide for referrals from the Director of Public Prosecutions and the Secretary of State.

For further information about the recommendations contained in the legislative review, please see the section headed ‘PUBLIC REPORTS AND PROTECTION OF POLICE OMBUDMSAN REPORTS’ on pages 35-38 of the document.   

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:

    a. states that fact,

    b. specifies the exemption in question and

    c. states (if not otherwise apparent) why the exemption applies.

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

Section 30(2)(a)(i)(iii) - Investigations and Proceedings
(2) Information held by a public authority is exempt if –
(a) It was obtained or recorded by the authority for the purpose of its functions relating to (i)
Investigations falling within subsection 1(a) or (b) or (iii) Investigations (other than investigations falling within subsection 1(a) or (b)) which are conducted by the authority for any of the purposes specified in section 31(2) and either by virtue of His Majesty’s prerogative or by virtue of powers conferred by or under any enactment.

Section 31(1)(g) - Law Enforcement
(1) Information would or would be likely to prejudice –
(g) The exercise by any public authority of its functions for any of the purposes specified in subsection (2).

Section 44(1)(a) – Information Covered by Prohibitions On Disclosure
(1) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it –
(a) Is prohibited by or under any enactment.

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 30 is a qualified class based exemption and there is a requirement to conduct a public interest test.

Section 31 is a prejudice-based, 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.

Section 44 is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure.

Exemptions Explained

Section 44 – Prohibitions on Disclosure
The Freedom of Information Act does not override other laws that prevent the disclosure of
information, referred to as ‘statutory bars’, and section 44 of the FOIA makes it clear that information
is considered to be exempt from disclosure if as stated in Section 44(1):

“(1) Information is exempt information if its disclosure (otherwise than under this Act) by the public
authority holding it –
(a) is prohibited by or under any enactment,
(b) is incompatible with any obligation, or
(c) would constitute or be punishable as a contempt of court.”

Section 44 creates an absolute exemption so as to ensure that where information is subject to some prohibition on disclosure it will be exempt under the Freedom of Information Act. In this case PSNI
consider that some of the information you have requested is exempt under section 44 of the
Freedom of Information Act by virtue of the Multi Agency Public Protection Arrangements in Northern
Ireland (MAPPA).

Harm
The disclosure of this information would, or would be likely to, affect PSNI’s ability to fulfil its law enforcement role and could hinder the prevention and detection of crime or misconduct. It could also undermine the effectiveness and consequences of any relevant investigations.

Public Interest Test

Factors Favouring Release – Section 30 and Section 31
The release of such information would provide an insight into the police service and enable the public to have better understanding of the effectiveness of the police. The release of this information could allow the public to make informed decisions about police procedures, accountability and how police cooperate with investigations by the PONI and how that takes place.

Factors Favouring Retention – Section 31
There is a strong public interest in maintaining the confidentiality of PONI investigations. It is in the public interest to ensure that ongoing investigations are not prejudiced.

Factors Favouring Retention – Section 30
Release of information which is subject to that investigation would compromise the investigation as well as any future investigative opportunities.  Disclosure may affect current or future evidence and hinder the administration of justice.

Decision
A disclosure under the Freedom of Information Act 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

While there may be a public interest in releasing the information requested, there is a stronger public interest in maintaining the confidentiality of PONI investigations. It is in the public interest to ensure that ongoing investigations are not prejudiced. PSNI will not release details that may hinder the detection or prevention of misconduct or crime through the release of information.

Therefore we have determined that the release of this information into the public domain would not be in the public interest.