FOI 408/25

REQUEST

 

I would like to know the name of the deceased man found in the river taff on 04/03/2025 0730am.

 

RESPONSE

 

Your request for information has now been considered and I am not obliged to supply the information you have requested.       

 

In relation to your request, the following exemptions apply:

 

Section 30 (1) – Investigations and Proceedings Conducted by Public Authorities

Section 38 (1)– Health and Safety

 

Section 30 (1) Section 30 is a qualified class-based exemption which requires the authority to consider the public interest in disclosure.

 

Section 38(1) is a qualified, prejudice-based exemption and the legislators accept that there may be harm if released. The authority is therefore required to articulate the harm that may be caused and consider the public interest arguments for and against the disclosure of the information.

 

Overall Harm

 

A disclosure in response to a Freedom of Information request is not a disclosure to the individual applicant but a release into the public domain. It is important that a Police Force does not disclose information that could undermine any ongoing investigations.

 

To release this information would have an adverse psychological impact on the families of the deceased individual. Publishing this information in the public domain would subject the families to constant reminders and attention in relation to the incident.

 

Public Interest Factors favouring disclosure – Section 30

 

It could be contended that disclosure would demonstrate the force’s commitment to openness and transparency in relation to this specific case and the investigation generally.

 

Public Interest Factors favouring non-disclosure – Section 30

 

During the course of any police investigation, enquires are made to secure evidence. These enquires are made for the duration of the case and are based upon proven methods as well as the judgement and experience of the officer(s) in charge of the investigation.

South Wales Police is reliant upon these techniques to conduct its investigations and the public release of any granular detail as to what persons were alleged to have done, risks revealing the modus operandi employed during the course of this investigation which could prejudice the ability of South Wales Police to conduct further, similar investigations.

 

Factors favouring disclosure – Section 38

 

Disclosure of the requested information would provide the public with greater knowledge and understanding about such incidents. This would increase the public confidence in South Wales Police, particularly in their professional and empathetic manner towards the deceased and families of the deceased.

 

Factors favouring non-disclosure – Section 38

 

It is reasonable to expect that the publishing of information would have a detrimental effect on the health of the families involved. The families would have the expectation that details of the incidents would only be disclosed where it is absolutely necessary. The police have a duty of care towards families in cases such as these and seek to prevent any invasion of their privacy or disclosure of information which would cause further and unnecessary distress or psychological harm.

 

To release these details could cause unnecessary and disproportionate media attention to the families involved. This would be very likely to cause them to re-live the original events. Disclosure of the information would cause undue pain and anxiety to the families involved and would make it difficult for them to move on with their lives.

 

Balancing Test

 

After considering factors favouring both disclosure and non-disclosure, we have come to the conclusion that the strongest argument for non-disclosure outweighs the strongest argument for disclosure.

 

It is not in the public interest to disclose information that may compromise the ability of South Wales Police to complete any future investigations.

 

In addition to the arguments above, such a disclosure may inhibit the ability to prevent and detect crime, as individuals may well be less inclined to co-operate with the police when interviewed, especially if they were aware that the information they provide would likely be disclosed to the world in circumstances sitting outside the criminal justice process. 

 

There is a strong public interest in safeguarding the health and wellbeing of the families involved. The duty of care owed to them by South Wales Police has to be the overriding consideration in this case. To release information at this time could cause substantial harm. Therefore, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosure of the information.

 

In accordance with the Act, this letter represents a refusal notice for your request.