FOI 749/26
Request
South Wales Police issuing guidance on criticising Islam that has been now withdrawn.
1) Did SWP think the definition on anti-Muslim hostility issued by the government was not enough?
2) Why has SWP not made the guidance publicly available.
3) I would like to use this FOI request to ask for the guidance.
Response
Question 1 and 2
The Freedom of Information Act 2000 creates a statutory right of access to recorded information held by public authorities. When processing requests for information under the Freedom of Information Act, public authorities have two duties to consider. Section 1(1)(a) is the duty to confirm or deny that the requested information is held, and section 1(1)(b) is to the duty to communicate the requested information to the applicant.
Section 8 of the Act is also relevant here, as it outlines the criteria which need to be fulfilled in order for a request to be deemed ‘valid’ and therefore suitable for processing under the Act.
Section 8(1) of the Act provides:
- In this Act any reference to a “request for information” is a reference to such a request which:
- is in writing,
- states the name of the applicant and an address for correspondence,
- describes the information requested.
Section 8 of the Act clarifies that ‘information’ means ‘information recorded in any form’.
Questions 1 and 2 are asking for explanations and so are not a request for information that would be held in a recorded format by South Wales Police.
As these questions are not asking for ‘information’ as defined in the Act, this part of your request cannot be dealt with under its provisions.
Please see the link below for further guidance on how to submit a valid FOI request:
Recognising a request made under the Freedom of Information Act (section 8) | ICO
Question 3
We have consulted with our Joint Legal Services Team who have provided the following information in relation to this part of your request.
No information held.
South Wales Police (SWP) are pausing the aligning with the UK Governments definition of ‘anti-Muslim Hostility’ in order to consider whether South Wales Police maintains or amends the adoption, pending guidance from NPCC (National Police Chiefs Council). SWP is committed to ensuring we are accessible, reliable and trusted by all of our communities.
Under Section 16 of the Freedom of Information Act and the duty to provide advice and assistance, the UK Government definition of ‘Anti-Muslim Hostility’ is available using the following link: