Anti-Social Behaviour Orders - 592/12
Dated: 07 Jun 2011
Date of request: 18/07/2012
Date of response: 15/08/2012
Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')(FOIA)
Thank you for your email dated 18th July 2012 in which you made a request for access to certain information which may be held by Northumbria Police.
As you may be aware the purpose of the Act is to allow a general right of access to information held by a Public Authority (including the Police), subject to certain limitations and exemptions.
Please could you tell me how many how many anti-social behaviour orders were applied for in each quarter in (a) 2009 (b) 2010 (c) 2011 and (d) the latest quarterly figures in 2012.
Please could you tell me how many how many anti-social behaviour orders were issued in each quarter in (a) 2009 (b) 2010 (c) 2011 and (d) the latest quarterly figures in 2012.
We have now had the opportunity to fully consider your request and I provide a response for your attention.
Following receipt of your request, searches were conducted with all 6 Area Commands of Northumbria Police. I can confirm that the information you have requested is held by Northumbria Police in part however we are unable to supply the information requested. To provide information which meets the criteria of your request, particularly at question 2 would take more than the 18 hours allowed under The Act. Unfortunately there is no single point of reference from which this information can be extracted. ASBOs are granted by the courts and can be given pro-actively at the discretion of the court.
Whilst ASBOs are policed locally, the information requested is not held centrally in a formal manner. It therefore could not be extracted without extensive liaison with each Area Command, this process would include the involvement of each and every Neighbourhood Beat Manager to ensure the response was accurate and up to date. The information having been collected, would then have to be collated into a format that could be released into the public domain. It has been estimated that this process would take over the 18 hours allowed under the Act. Therefore Section 12 of the Freedom of Information Act would apply. This section does not oblige a public authority to comply with a request for information if the authority estimated that the cost of complying with the request would exceed the appropriate limit of 18 hours, equating to £450.00
When applying Section 12 exemption our duty to assist under Section 16 of the Act would normally entail that we contact you to determine whether it is possible to refine the scope of your request to bring it within the cost limits. However, from the information we have outlined above I see no reasonable way in which we can do so for this part of your request.
Although excess cost removes Northumbria Police's obligations under the Freedom of Information Act 2000, as a gesture of goodwill, I have supplied information below, relative to your request, retrieved or available before it was realised that the fees limit would be exceeded. I trust this is helpful, but it does not affect our legal right to rely on the fees regulations for the remainder of your request.
1. No information held. Northumbria Police do not apply for anti-social behaviour orders. Northumbria Police help enforce orders and provide evidence for the orders only. The orders are applied for by the Local Authorities. You may wish to redirect this part of your request to them.
The information we have supplied to you is likely to contain intellectual property rights of Northumbria Police. Your use of the information must be strictly in accordance with the Copyright Designs and Patents Act 1988 (as amended) or such other applicable legislation. In particular, you must not re-use this information for any commercial purpose.
How to complain
If you are unhappy with our decision or do not consider that we have handled your request properly and we are unable to resolve this issue informally, you are entitled to make a formal complaint to us under our complaints procedure which can be found at: http://www.northumbria.police.uk/foi/disclosurelog/foicomprights.asp
If you are still unhappy after we have investigated your complaint and reported to you the outcome, you may complain directly to the Information Commissioner’s Office and request that they investigate to ascertain whether we have dealt with your request in accordance with the Act.