FOI.23.004379.V - Offensive Weapons in School
Request
Could you please treat the following as an FOI enquiry for the following information:
- The number of pupils aged 18 and under found in possession of offensive weapons such as knives, pellet guns, hammers etc. on school premises (nursery, primary and secondary) in the academic years 2022-2023 and 2023-2024 so far.
- The above information should be broken down by date/month of incident, age of pupil, and description of the weapon.
- It should also include what the police response was (arrest, warning etc.), and whether the weapon was used to commit another crime, such as assault against a pupil or teacher.
The Freedom of Information Act requires that this request is dealt with in a manner that is motive and applicant blind. A disclosure under this legislation is considered a disclosure to the world and is considered to be on the basis that it is in the public interest.
This response is unique to Humberside Police, and you are advised not to compare this like for like with any other force’s response you receive.
Response
Following liaison with our Performance and Demand team, the following information can be disclosed:
Age of the pupils breakdown:
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 a 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 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.
A search was conducted, and we have 38 incidents recorded. It has been determined to provide the breakdown of statistics requested due to the small number of crimes per age and month, may identify a living individual. Therefore section 40(2) of the Act is engaged. As section 40(2) is an absolute exemption there is no requirement for me to conduct a public interest test. However, I am satisfied that disclosure would breach the 1st principle of the Data Protection Act – fair and lawful processing.
Description of the weapon breakdown:
Please find the PDF attached.
Whether the weapon was used to commit another crime breakdown:
Please find the PDF attached.
Police Response breakdown:
I provide you with the following totals:
15: Police - named suspect, victim supports but evidential difficulties – 3
20: Other body/agency has investigation primacy – 11
8: Community resolution – 4
8: Youth restorative disposal – 8
18: Investigation complete no suspect identified – 1
22: Diversionary, educational or intervention activity, not in public interest to take further action – 4
Ongoing – 7
The breakdown of such totals would release information regarding ongoing investigations, therefore s.30(1) of the act applies.
Section 30 - Investigations and proceedings
Section 30(1)(a) of FOIA allows a public authority to withhold information if it has at any time been held by the authority for the purpose of any investigation, which the public authority has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence. This includes any specific ongoing, closed or abandoned investigation.
The information being requested by the applicant directly relates to ongoing investigations. As a Police Force we have a duty to investigate these crimes by virtue of our core function of law enforcement. We therefore believe we hold the power to carry out investigations of the type described in section 30(1)(a)(i) of FOIA and we consider that this section is engaged.
Factors favouring disclosure
Disclosing any information relating to ongoing investigations would provide greater transparency and potentially raise awareness of these crimes. It is clear that there is a public interest in police forces operating in as transparent a manner as possible, as this should ensure they operate effectively and efficiently.
Factors against disclosure
These investigations are still ongoing and therefore the breakdown of months would allow data to be cross referenced and further details of the crime would be accessible to the public. This could potentially prejudice an investigation and assist criminals to evade justice. By releasing this information, criminals could use the details of the crime to gain insight of what information the police currently hold and use this to conceal their involvement. Furthermore, to release information to public regarding an ongoing investigation, the right to a fair trial could be undermined. This is because disclosure could lead to speculation or misinformation around the facts or circumstances of a crime.
Balancing Test
Whilst there is a public interest in the transparency of crimes and the action that police have taken, there is a very strong public interest in the integrity of criminal investigations and the right to a fair trial. It is essential for the police force to be able to conduct criminal investigations without information being released to the public that could potentially hinder the process or assist criminals in evading crime.
Therefore, I am satisfied that the public interest for non-disclosure outweighs the public interest for disclosure.
Although various elements of your request have been exempted, the vast majority of your request has been provided to you which I hope you will find satisfactory.
If you require any further information, please do not hesitate to contact us at [email protected] or 01482 578662.
Information Governance Unit Humberside Police
You can view our complaints procedure here.