FOI T014/25 - Third Party Information

I am writing to request access to records under the Freedom of Information Act 2000 for research purposes. Specifically, I am seeking information related to the case involving Thomas Kwan. For the incident that occurred on or around January 22, 2024 between him and his mother’s partner Patrick O'Hara, The records I am interested in include:

1. Any body camera footage related to the case.

2. Arrest footage and interrogation videos.

3. Arrest records and any related documentation/ CCTV footage regarding the case

In relation to points 1, 2 and 3 for CCTV footage, Northumbria Police can neither confirm nor deny that it holds the information you requested as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions:

S40(5) - Personal information

Section 30(1) - Investigations and proceedings conducted by a public authority

Section 40(5) of the Act states that information is exempt information if it relates to personal information about a third party (i.e. someone other than the applicant).  Section 40 is an absolute exemption and where information falls within the scope of an absolute exemption, a public authority is not obliged to communicate it to an applicant and is also not obliged to comply with the duty to confirm or deny the existence of the information requested. 

Section 30(1) states that information is exempt information if it has at any time been held for the purposes of any investigation.  This exemption is a qualified and class-based exemption and accordingly Northumbria Police does not need to carry out a harm test for this exemption.  As section 30 is a qualified exemption the application of a public interest test is required, and we have set this out below. 

Public Interest Test

Factors Favouring Disclosure

Disclosure would adhere to the basic principle of being open and transparent and would allow for a more accurate public debate.  There is a legitimate public interest in knowing that the Force investigates cases thoroughly and brings investigations to satisfactory conclusions.  The community at large may benefit from disclosure as this may encourage accurate and informed public debate.  It would also correct rumour and speculation and provide confidence in the Force's ability to investigate any alleged offences.

Factors Favouring Non-Disclosure

Whilst such information may be released in order to serve a core policing purpose (i.e. to protect life and property and/or assist in prevention and detection of crime and/or in the apprehension and prosecution of offenders), it will only be disclosed if there are strong public interest considerations favouring disclosure.  Northumbria Police has a duty to ensure all investigations are dealt with fairly and equally.  It is important that any investigation is conducted with regard to confidentiality and privacy.  The public interest would not be served if a disclosure breached those obligations placed on an authority.   

Balancing Test

The Police Service is tasked with enforcing the law and protecting the community we serve and there is a public interest argument in ensuring we are open and transparent with regard to policing investigations.  The ability of Northumbria Police to conduct investigations is crucial to the principles of prevention and detection of crime.  The disclosure of information relating to any investigations would impact on future investigations in a negative way and the small benefit in increased public awareness would not be adequate compensation for such disclosure to be made public.  Although the public is entitled to be kept informed, this does not outweigh the forces obligations in the prevention and detection of crime or ensuring the Criminal Justice system and any future trail is not compromised.

We have therefore concluded that the balance test falls in favour of neither confirming nor denying such information is held.

You should therefore consider this to be a refusal under section 17 of the Act for these parts of your request.

In regard to point 3 where you have requested the arrest record.  This will not be provided and by withholding this information we will rely on the following exemption:

S40(2) - Personal information

Section 40(2) is a class based absolute exemption and there is no requirement to consider the public interest in disclosure. That being said where Section 40(2) is engaged in order to make the exemption absolute there needs to be evidence that a data protection principle would be breached by disclosure. In this case it would not be fair to process information which, we believe by providing all the information you have requested, could lead to the identification of an individual. Therefore the first principle of the Data Protection Act would be breached.

You should therefore consider this to be a refusal under section 17 of the Act for this part of your request.

Further details, other than those already released in to the public domain (Doctor jailed after admitting attempted murder | Northumbria Police) will not be disclosed.