By Gabriel Princewill-
Sky News has been given statistics associated with sexual allegations made against its officers in the past. The request was made on the eve of a BBC documentary into the murder of Sarah Everard by a former serving officer, Wayne Couzens.
The Met declined on the grounds it planned to publish the information at some future date, but did not specify what date it would publish this information.
Under the FOI exemption rules , an institution can exempt itself from its usual obligations on the grounds of plans for future publication. It does not need to specify its publication date to lawfully decline a Freedom Of Information Request.
This is because the organisation may argue that it is yet to collate all the information requested to be ready for publication.
The information will already need to be be held with a view to such publication at the time when the request for information
was made, and it would need to be reasonable in all the circumstances that the information should be withheld from disclosure until the date referred to in paragraph.
The guideline also emphasis that the exemption that allows institutions flexibility decline FOI requests is a qualified one- meaning that the benefits of disclosure must always be weighed against the disadvantages of disclosure.
Such is the balancing exercise that underpins this area of regulation that The Eye Of Media.Com engaged the Metropolitan Police in disclosing the requested statistics which it said it was planning to do at some stage this year.
After Wayne Couzens suggested that he was blackmailed by a gang to produce a woman for victimization, statistical information depicting just how prevalent sexual allegations in the force is became important.
Section 15 of the ICO guidance also appears to impose a duty on institutions to make information ‘generally known’ and readily available to the public when it does decide to the publish the requested information.
Page six of the ICO guidelines states that the term ‘publication’ requires the information to be made available to the public.
It is not sufficient if a public authority or another person only intends to make the information available to a particular, restricted audience.
It states that: ‘Publication’ is not confined to making information available in print or online.
The term is very broad and can include the action of making information generally known or available; for
example by physical inspection; in some circumstances, through speech; in picture form, if there is an intention to make the
picture available through public display.
It also states that it must not be made available to a restricted audience.
Concern
On these grounds a group of professional women analysing the matter expressed concern that in light of the number of allegations and convictions against officers who have sexually abused their positions when dealing with female domestic abuse victims, statistics associated with sexual allegations against officers ought to have been made generally known.
They cited the aforementioned specific guidance by the Information Commission’s Office which was subsequently discussed with officials of the ICO, who were engaging on the matter.
The essence of the guidance by The Information Commission Office is to ensure compliance with their obligations under the Freedom Of Information Act, and ensure they abide by the expectations of transparency and accountability.
Cognisant of the fact that no organisation would want to volunteer information regarding sexual allegations for obvious reasons, the ICO agreed that it was necessary to identify and define both the ethical and legal standards for sharing information when required to do so under the Freedom Of Information Act is important.
ICO Analysis
The situation was discussed with five senior personnel at the Information Commissions Office(ICO), over a two day period. with a view to determining where the ICO altogether stood on this matter.
An official response would take a potential of 2o days under conventional processes, making the improvised assessment from the ICO during particular occasions is always appreciated and highly valued.
Highly trained personnel from the ICO have often been supportive in assessing investigations conducted by this publication by speedily examining reasonable interpretations of their guidelines to save the bureaucratic process of an official complaint, whilst also distinguishing a compliant from an inquiry.
They thankfully acknowledge the difference between a media inquiry and official complaint.
All the ICO representatives (three females and two males0spoke to this publication on the condition of anonymity, and agreed that an organisation that decides to withhold information requested under an FOI request on the grounds of a plan to publish the information at a later date, must then make the information generally known and widely available.
However, they disagreed on what constitutes making information readily available and generally known as stipulated on page 6 of its statutory guidelines.
Two of the representatives suggested that information posted on the police website suffices to constitute making the information ‘generally known’ and ‘widely available’, but were challenged on the guidelines wording that the requested information must not be published to a restricted audience’
The first represented said: under normal grounds, it would suffice if the information is posted on the police website because it is generally accessible, so Sky News would be expected to find the information when it is eventually published.
Three of the other two said the Metropolitan Police would be expected to alert Sky News of the information, which would then be at their discretion whether they make it public.
One said : ‘Once Sky News has been denied on the grounds of publication plans, it would be expected that Sky News can later obtain the information from the police website, and much would depend how the two parties left it during the communication process.
The Met may have been expected to inform Sky News once the information was published on its site, if they made an arrangement to be notified of this upon publication.
‘It will depend if the Met can justify its original decline of the information to Sky News, and whether the broadcaster can be said to have had reasonable access to the timing of the information being published.
If for instance, statistical information about certain data is published quarterly, then there is a general expectation that people know when to find out certain information.
‘When this is not the case and information requested is withheld on the grounds considered questionable, a formal complaint can be made to the ICO to assess whether the institution organization has breached its duty to comply with The Freedom Of Information Act
There had been a debate as to whether the guidelines call for organisations to literally advertise information requested if it had earlier turned it down.
Interpretations varied slightly across the three of the ICO representatives, all unified that the Met would not practically be required to advertise the unedifying statistical data, but to facilitate awareness of it.
They agreed that at the very least it would be expected that Sky News would be alerted to the fact some of the information it requested has been published so it can make the information known, if it chooses to.
The general consensus was that the chain of communication between the Met Police and Sky News should have culminated in them being notified of the published data.
The downside to that perspective is that Sky News may by then have concluded that the topic has lost momentum in the news, and not deem it worthy of news when the data is finally published.
Yet, it is worthy news for the public to be aware that whilst the vast majority of police officers are decent law abiding individuals, there has been a steady stream of misfits whose past existence in the force has been a worrying issue.
Under the Freedom Of Information Act, exemptions can be made to a request under Section 22, if the organisation from which information was requested cites a plan to publish the information on some later date.
The fact a number of officers have in past times been both complained about and prosecuted for sexually abusing their position when attending to female victims of domestic violence; recently led to a clamour by professionals for a new rule prohibiting male officers from attending to female complainants, unless accompanied by a female officer.
The campaign comes amidst growing scrutiny over the conduct of law enforcement officers, particularly in light of recent high-profile cases such as the murder of Sarah Everard by former officer Wayne Couzens, and other atrocious offences committed by those appointed to enforce the law.
The disclosure of these statistics is a significant step towards greater accountability within law enforcement, shedding light on a deeply concerning trend of officer misconduct.
Troubling Pattern
The data revealed a troubling pattern of sexual offences and domestic violence allegations against hundreds of Metropolitan Police officers over the past decade, prompting calls for urgent action to address systemic issues within the force.
The released statistics indicated a staggering 1,492 officers were accused of sexual offences between 2014 and 2024, with a total of 18,000 sexual conduct cases reported during this period.
Data related to reports or prosecutions for coercive and controlling behaviour has not been released, although the Met said it would disclose the information in due course.
The figures paint a damning picture of a system that has failed to safeguard against abuse of power and betrayal of trust.
This commitment to accountability and reform is deemed crucial in restoring public trust and confidence in law enforcement.
Analysts say that a raised awareness of the proportion of law breakers in the force is embodied in the process of both educating the public about the realities in the force, whilst simultaneously bearing in mind that many police officers are professional and law abiding individuals.
These figures can help induce a professional conversation about potentially setting new parameters within which male officers attend to female complainants of domestic violence.
Whether the idea of male officers accompanied by female officers actually takes off when visiting female victims of domestic violence is yet to be seen. The idea has been sent to both the Metropolitan Police and the College Of Policing.
A spokesperson for the Met Police told this publication: ‘The police operates as an emergency service which seeks to get the quickest available officers to the scene of an allegation.
‘All officers are expected to be vetted to the highest possible standard.
‘In specific circumstances, if the caller requests an officer of a particular gender, it will be taking on board.
‘The vast majority of our officers re law abiding’.