Request Number: FOI/14122
Category: Organisational Information – HR Employment and Other
Subject: Sergeants Causeway Coast And Glens
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 information to which your request relates. The decision has been taken not to supply the information you have requested in relation to Requests 1 -6 and the reasons for this are set out in more detail below.
PSNI is providing a NCND response in relation to requests 7 and 8.
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
How many substantive sergeants are attached to J district?
Request 2
How many substantive sergeants are male?
Request 3
How many substantive sergeants are female?
Request 4
How many substantive sergeants are attached to LPT?
Request 5
How many substantive sergeants are attached to NPT?
Request 6
How many substantive sergeants are permanently attached to north CTC?
Answer Requests 1 -6
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, as well as the factors the Department considered when deciding where the public interest lies, are listed below:
Section 31(1)(a)(b) – Law Enforcement
The prevention or detection of crime and the apprehension or prosecution of offenders.
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.
Exemption Explained
Section 31 is a prejudice based qualified exemption and there is a requirement to articulate the harm that would be caused in releasing the requested information, as well as considering the public interest to ensure that withholding the information is the appropriate response.
Harm for Section 31 (In answer to Requests 1-6)
Disclosing details of numbers of substantive sergeants (a supervisory rank) in a single policing District could assist those intent on causing crime with insight into the numbers of substantive sergeants (who provide direct line supervision to police officers) that may be available to the District on a 24/7 basis. PSNI is aware of the mosaic and precedent effects of releasing information which may be of use to criminals and terrorists. A clear link exists between knowledge available to criminals and the way they operate, with the resultant impact on PSNI potentially giving a tactical advantage to criminal by disclosing this information.
Public Interest Test
Factors Favouring Release – Section 31
Release of this information could give the public better access to police departments/districts and provide a clearer understanding of the organisational structure.
Factors Favouring Retention – Section 31
Disclosure of numbers of substantive Sergeants in a single policing District could compromise the PSNI’s law enforcement abilities by disclosing the number of supervisory officers (i.e. Sergeants) available across a single policing district thereby potentially disclosing a policing Districts (in this case Causeway Coats and Glens) ability to supervise policing activity on a daily basis.
Decision
The release of information under 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 how the information is shared with other individuals therefore a disclosure under FOI is considered a release to the world in general.
While there may be a public interest in releasing the information requested, the PSNI must ensure that its law enforcement capability is not adversely affected by the release of staffing levels. However, the PSNI will not release details that may hinder the detection or prevention of crime through the release of information which may be of assistance to criminals. Whilst the PSNI would always wish to be transparent and accountable, there is a very strong interest in protecting the capabilities available to PSNI – in this instance regarding number of supervisory grade officers.
Police need to make balanced judgements which justify why some information needs to remain exempt and unpublished. We have therefore determined that the release of this information into the public domain would not be in the public interest.
Request 7
How many substantive sergeants attached to CTC have permanent duty restrictions?
Request 8
How many substantive sergeants attached to CTC have DD/A status
Answer Requests 7 and 8
In accordance with the Freedom of Information Act 2000 (FOIA), this letter represents a Refusal Notice for this particular request. The PSNI is neither confirming nor denying that we hold the information that you have requested and we have set out our reasons below as well as guidance issued by the Information Commissioner’s Office which provides further information on the use of ‘Neither Confirm Nor Deny’ exemptions.
Section 1 of the 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 the 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 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 FOIA does not apply by virtue of the following exemptions:
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.
Section 40 does not carry a public interest test but PSNI must show its affect in relation to the Data Protection Act.
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)
Section 1(1) (a) of the FOIA requires a public authority to inform a requester whether it holds information specified in the request. This is known as the ‘duty to confirm or deny’. In most cases, a public authority will be able to comply with its duty to confirm or deny under Section 1(1)(a) – in other words, it will be able to respond to a request by at least informing the requester whether or not it holds the information. In most cases where information is held, a public authority will go on to consider whether information should be provided under Section 1(1)(b) or whether it is subject to an exemption in Part II of the FOIA. However 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 FOIA allows a public authority to respond by refusing to confirm or deny whether it holds the requested information. This is called a ‘neither confirm nor deny’ response.
The decision to issue a ‘neither confirm nor deny’ (NCND) 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.
The 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:
PSNI consider the following NCND provisions apply for the reasons outlined below.
Section 40
Information disclosed under the FOIA is a release 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 this 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 General Data Protection Regulations (GDPR) or the Data Protection Act 2018 (DPA). When confirming or denying that information is held would breach an individual’s rights under the GDPR or the DPA, 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.
PSNI considers the information you have requested is exempt by virtue of Neither Confirm Nor Deny exemptions which PSNI is entitled to rely upon. The information is therefore exempt under Section 40 of the FOIA as it contravenes GDPR and DPA legislation to release it and PSNI has made the decision to withhold it.