FOI 501/25
REQUEST
Q1. How many pursuit-related fatalities occurred between 1 January 2014 and 31 December 2024? Please share both the total number of fatalities in the 10-year period and the number of fatalities per calendar year.
Q2. How many pursuit-related injuries occurred between 1 January 2014 and 31 December 2024? Please share both the total number of injuries in the 10-year period and the number of injuries per calendar year.
Q3. Please share all completed Pursuit Management Debrief Return documents for incidents which took place between 1 January 2014 and 31 December 2024
CLARIFICATION
Applicant is happy for us to shorten the time frame to January 2019 – Dec 2024.
RESPONSE
We consulted with our Learning and Development unit who have provided the following information regarding your request.
Question 1
There have been 4 fatal pursuits since 2019 that have resulted in 5 deaths.
Question 2
Below is the number of injury pursuits since 2019. Please note, all injuries sustained were minor.
|
Persons |
Total |
|
Police officers |
39 |
|
Subject |
42 |
|
Members of public |
8 |
Question 3
In relation to this part of your request, the following exemption applies:
Section 30(1) - Investigations and Proceedings Conducted by Public Authorities
Section 31 (1)(a)(b) – Law Enforcement
Section 40(2) - Personal Information
Section 38- Health and Safety
Section 30(1)
Section 30 of the Freedom of Information Act is engaged if the information requested has been held by a public authority at any time for the purposes of any investigation, with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with an offence is guilty of it.
Section 30 is a qualified class-based exemption which requires the authority to consider the public interest in disclosure.
Public Interest Test
Public Interest Factors favouring disclosure
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
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.
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.
In conclusion, it is our assessment that favouring non-disclosure of the requested information outweighs favouring disclosure.
Section 31 (1)(a)(b) – Law Enforcement
Section 31 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 safeguards its effective and efficient service and does not disclose information that could undermine that.
Disclosure of the requested information would reveal our tactical capabilities and compromise the prevention or detection of crime and the apprehension or prosecution of offenders. This would hinder future investigations by assisting those who are intent on undertaking criminal activity.
Factors favouring Section 31
By disclosing the requested information, this would provide openness and transparency and better awareness to the public.
Factors against Section 31
The security of the public is of paramount importance and the Police Service will not divulge information if to do so could compromise law enforcement.
Balance Test
Whilst there is public interest in police transparency, there is stronger public interest in safeguarding information which could assist those who wish to disrupt the police service.
Therefore it is our opinion that for these issues the balance test lies in favour of withholding the information.
In accordance with the Act, this letter acts as a refusal notice for this part of your request.
Section 40(2) - Personal Information
Section 40(2) is an absolute class based exemption and therefore the authority is not required to consider the public interest in disclosure.
The Data Protection Act covers processing of personal data about a living individual. Personal data means data which relate to a living individual who can be identified-
- from those data, or
- from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller or any other person in respect of the individual.
Information will “relate to” a person if it is about them, linked to them, has some biographical significance for them, is used to inform decisions affecting them, has them as its main focus or impacts on them in any way.
If we disclosed these details, this would provide significant detail which could identify an individual and would breach the first principle of the Data Protection Act 2018.
In accordance with the Act, this letter represents a refusal notice for your request.
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
Your request for information is exempt as to release this information would have an adverse psychological impact on the families of the individuals involved. Disclosure under the Freedom of Information Act is a disclosure to the world at large and not just the individual applicant. Publishing this information in the public domain would subject the families to constant reminders and attention in relation to the deaths.
Public Interest Considerations
Factors favouring disclosure
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 individuals deceased and families of the deceased.
Factors favouring non-disclosure
It is reasonable to expect that the publishing of information would have a detrimental effect on the health of the police officers and 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. There is a strong public interest in safeguarding the health and wellbeing of the families involved and for the police officers 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.