Detentions - 403/16
Dated: 19 Apr 2016
Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')
Thank you for your e mail dated 24 March 2016 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 at the time of a request, by a Public Authority (including the Police), subject to certain limitations and exemptions.
1. The number of children (under 18) detained under s136 of the Mental Health Act and held in a police cell in 2015-2016
2. The number of children (under 18) detained under s136 of the Mental Health Act between 1st January 2015 and March 2016.
Please provide detail of where each child was held (for example, a police cell/A&E) and how long they were held.
3. In these cases, how many times did the police record the use of force on the young person?
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 the Corporate Dvelpment Department of Northumbria Police. I can confirm that the information you have requested is held by Northumbria Police, however cannot be disclosed as the information you have requested is not held in a format that can be retrieved within the time limits of the Act. There is no statutory requirement to record 'use of force' as it is part of an officer's duty of care as to whether it is applied.
To provide information which meets the criteria of your request particularly question 3 would involve contacting all officers to determine if they had recorded information relevant to that part of your request. Such information would be likely to be paper based, in statements or in officers notebooks, some of which may be archived. We have estimated this would exceed the permitted time constraints of 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
You should consider this to be a refusal notice under Section 17 of the Act for that part of your request.
Although excess cost removes Northumbria Police's obligations under the Freedom of Information Act 2000, as a gesture of goodwill outside of the Act 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.
2. See below attached
Due to the different methods of recording information across 43 forces, a specific response from one constabulary should not be seen as an indication of what information could be supplied (within cost) by another. Systems used for recording these figures are not generic, nor are the procedures used locally in capturing the data. For this reason responses between forces may differ, and should not be used for comparative purposes.
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.