Raoul Moat - 396/10
Dated: 09 Sep 2010
Date of request: 13/07/2010
Date of response: 09/09/2010
Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')
Thank you for your email dated 13 July 2010 in which you made a request for access to certain information which may be held by Northumbria Police.
As you may be aware the purpose of the Act is to allow a general right of access to information held by a Public Authority (including the Police), subject to certain limitations and exemptions.
I would like to make a request under the Freedom of Information act for details of the cost of the police operation to find and apprehend Raoul Moat.
Please could you break down the cost as far as possible
and tell me how many officers were involved and from which forces?
If you do not yet have final figures then please give me the estimated cost figures, broken down as far as possible.
We have now had the opportunity to fully consider your request and I provide a response for your attention.
You may be aware that a publication strategy is in place with regards to requests received by Northumbria Police where the information required in the requests relates to Raoul Moat. To assist, I have attached a copy of the strategy for you at the end of this correspondence.
The information you have requested will not be disclosed and by withholding we will rely on the following exemption:-
Section 22 (1) (a) Information Intended for Future Publication
(1) Information is exempt information if -
(a) the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not)
Section 22 is a class based qualified exemption which requires us to apply a Public Interest Test to decide if the information you require should be released ahead of the publication strategy.
Public Interest Test
Factors favouring disclosure:-
To release the information that is held at this particular time would provide the public with an awareness of the amount of money that had been spent and numbers of officers involved with the disclosure of the most recently collected data serving to enhance public knowledge of the subject, by providing current information that may better inform public debate on the decisions taken by Northumbria Police in respect of the Police Operation in question.
Factors favouring non-disclosure:-
As you will be aware from information already in the public domain, the investigation is ongoing and furthermore, is subject to an Independent Police Complaints Commission (IPCC) Inquiry into the procedures followed and actions taken by Northumbria Police in relation to the Police Operation.
Northumbria Police has a duty to present information to the IPCC in respect of this matter and disclosure of any information at this time could prejudice that or any other inquiry in relation to the Police Operation.
However, Northumbria Police accept that this investigation has been at considerable expense to public funds and accordingly, a decision has been made to publish this information following the conclusion of any Criminal, IPCC or Coronial investigation.
In addition to the above, it should be borne in mind that the Police Operation in question required extensive manpower and assistance in accordance with the ACPO Police Mutual Aid Policy Guidance was provided from several forces. To this extent, the information you have requested would not be fully available and this would not provide an accurate response to your questions.
To assist, I have attached a link to the guidance below:-
To clarify, the investigation is still ongoing and information held at this time will not include all the overtime submitted by serving Police Officers in respect of the operation. Accordingly, any information provided would not be accurate and that which is held is likely to change as a result of further submissions and any cost recovery undertaken prior to publication.
For a disclosure of this nature to be appropriate, a valid reason or reasons which identify a tangible benefit to the public from disclosure of information needs to identified. In this case a decision has been made to disclose the information when the investigation(s) are finalised and information regarding costings including overtime are fully collated and verified as accurate. The additional resources expended by the force to deal with your request at this time would not be in the public interest.
For the reasons outlined above the balancing test for disclosure at this time is not made out.
In accordance with the Freedom of Information Act 2000, this represents a Refusal Notice for your request.
The information we have supplied to you is likely to contain intellectual property rights of Northumbria Police. Your use of the information must be strictly in accordance with the Copyright Designs and Patents Act 1988 (as amended) or such other applicable legislation. In particular, you must not re-use this information for any commercial purpose.
How to complain
If you are unhappy with our decision or do not consider that we have handled your request properly and we are unable to resolve this issue informally, you are entitled to make a formal complaint to us under our complaints procedure which can be found at: http://www.northumbria.police.uk/foi/disclosurelog/foicomprights.asp
If you are still unhappy after we have investigated your complaint and reported to you the outcome, you may complain directly to the Information Commissioner’s Office and request that they investigate to ascertain whether we have dealt with your request in accordance with the Act.
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347
DownloadsFOI Complaint Policy