Disclosure Details

Jimmy Savile - 862/12

Dated: 31 Jul 2015

Date of request:   03/11/2012

Date of response:   29/11/2012

Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')(FOIA)

Thank you for your email dated 3 November 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.

You asked: 

I am making a freedom of information request under the Act. I would like to see all correspondence and material held by Northumbria police relating to Jimmy Savile, from and including 1.1.59 - 31.12.90.

In response:

We have now had the opportunity to fully consider your request and I provide a response for your attention.

Information Commissioners Office (ICO) guidelines state that:

A public authority must confirm or deny whether it holds the information requested unless the cost of this alone would exceed the appropriate limit.  I can neither confirm nor deny than the information you require is held by Northumbria Police as to actually determine if it is held would exceed the permitted 18 hours 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

You should consider this to be a refusal notice under Section 17 of the Act for your request.

I have set out the reasons for this below.

While the ongoing case relating to sex abuse allegations and Jimmy Savile is in the public domain, your request is not asking specifically about these allegations or any investigations into those allegations that Northumbria Police may be involved in.  Your request asks for any 'correspondence' and 'material' held by Northumbria police relating to Jimmy Savile for a 31 year period.  To establish what, if any, information is held would require manual searches of historic data, which could be held in paper form, by all area commands and departments to see if there is any correspondence or material of any type held.  This would take well in excess of the 18 hours allowed under the Acts legislation.

You should note that even if your request was defined to ask for sex abuse allegations only this information may be denied with the application of relevant exemptions as the case is an ongoing investigation and information which may compromise those investigations would not be disclosed.

You may wish to visit the Disclosure Log on the Northumbria Police website where responses to requests under the FOIA on the same subject matter have been published.  The link is below.

You may be interested to know that Northumbria Police routinely publish information that has been disclosed by Northumbria Police in response to requests made under the Freedom of Information Act 2000 via the Disclosure Log.  The aim of the Disclosure Log is to promote openness and transparency by voluntarily placing information into the public arena.

Whilst it is not possible to publish all responses we will endeavour to publish those where we feel that the information disclosed is in the public interest.  The Disclosure Log will be updated once responses have been sent to the requester.  I have provided the relevant link below:-

http://www.northumbria.police.uk/foi/disclosurelog/index.asp

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 underour 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. 

Downloads

FOI Complaint Rights Procedure_tcm4-67103