Domestic abuse perpetrated by police officers (FOI ref 310A/24)
REQUEST
Domestic abuse perpetrated by police officers and police staff from January 2020 to January 2024
I am undertaking a PhD researching police perpetrated domestic abuse. This includes examining the extent, prevalence and responses to domestic abuse perpetrated by police officers and police staff, with a view to informing future policy and practice. I would appreciate it if you could supply the following information in relation to police officers and police employed staff.
For questions 1-4, please provide answers by calendar year using numbers not percentages.
- How many reports of domestic abuse have been logged against serving police officers and police staff between January 2020 and January 2024?
- How many of those reports made between January 2020 -and January 2024 resulted in: a) a criminal trial, b) criminal charges, but no trial; c) a formal misconduct investigation; d) a misconduct hearing; e) a finding of misconduct; f) a finding of gross misconduct; g) a written warning; h) No further Action /No case to answer
3. How many police officers or police staff resigned, retired, or left for other reasons, following allegations of domestic abuse related offences from January 2020 to January 2024? - How many police officers or police staff who have resigned, retired, or left for other reasons following allegations of domestic abuse related offences from January 2020 to January 2024, have been rehired in any capacity by the police service?
- Does your police service have policies and procedures specific to responding to allegations of police perpetrated domestic abuse?
a) Yes
b) No - If you answered yes to question 5, has your force updated policies and procedures specific to responding to allegations of police perpetrated domestic abuse since the Super-Complaint by the Centre for Women’s Justice in March 2020?
a) Yes
b) No - If you answered yes to question 6, please provide details of any updates and a copy of your current policy and operational guidance on PPDA. If you answered no, please still provide your policy and operational guidance on PPDA.
- Police forces are required to report the number of misconduct cases and criminal investigations involving PPDA and their outcomes to the Home Office, does your force currently do this?
- a) Yes
b) No - As of June 2022 in the IT system Centurion, VAWG-police perpetrated and VAWG- police injured party and domestic abuse should be available to select as an option. Do your police service currently use these options to capture this data?
- Has your police service made any improvements since 2020 to the way it captures data relating to cases of PPDA? If yes, please explain.
- Does your police service deliver training specific to responding to allegations of police perpetrated domestic abuse?
a) Yes
b) No - If you answered yes to question 11, please advise in numbers how many officers and staff have received that training up to the end of January 2024.
- Is the PPDA training
a) Mandatory
b) Voluntary - What procedures does your force have in place to support police victims of PPDA?
- Given that s.29(4) of the Police Reform Act 2002 precludes police officers and police employees from making a police complaint against anyone who is under the direction and control of the same Chief Officer, does your police service treat reports of PPDA where the victim is a police officer or police employee as a conduct matter (as defined in s.12 PRA 2002)?
- If you answered yes to question 15, does your force treat the police victim as an “interested person” in the misconduct investigation?
- Does your force have any policy or procedure for referring the investigation of PPDA allegations against a member of your force to an external force for investigation? If so, please provide details.
- Does your police service have any policy or procedure for accepting referrals from another force of forces for your force to investigate allegations of PPDA made against members of their force? If so, please provide details.
RESPONSE
We can confirm that relevant information is held by West Midlands Police. However, we are withholding some of that information since it is exempt by virtue of the following exemptions:
Section 31 (1) (a) (b) (Law enforcement)
Section 30 (1) (a) (b) (Investigations and proceedings conducted by a Public Authority)
These exemptions and explanatory notes are shown here:
In line with the above, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure. Please find this PIT below
We want our officers to uphold the highest of standards so the public has the utmost confidence in them.
Our Professional Standards department, take a robust stance, carrying out thorough investigations, to do everything we can to maintain public confidence and trust in policing.
This will provide reassurance to the public that we mean it when we say we’ll do all we can to preserve and rebuild trust.
We want our officers to uphold the highest of standards so the public has the utmost confidence in them. We are committed to rooting out abuse of power, criminality and corruption whenever we find evidence of it.
Public interest test:
Evidence of Harm:
Domestic abuse affects people from all walks of life in many different ways and can include coercive behaviour, physical and sexual abuse. This is a very emotive subject and the Police Service strive to deal with all aspects of it which includes dealing with police officers who commit this type of offending. The College of Policing publish their Authorised Professional Practice on Domestic Abuse which provides guidance to the Police Service when dealing with this offending. Furthermore, some police forces publish their force policy on how Domestic Abuse affects police officers and police staff, which includes a section where the perpetrators of domestic abuse are police officers/staff members and what will happen in that instance.
Should an officer who is being investigated for allegations of domestic abuse, or any other allegations of offending, such as misconduct or potentially criminal proceedings, it would likely ensue that in some cases formal charges may be made. However, we also need to consider that not all allegations are proven and may not lead to a formal charge.
investigations would also be compromised if the offender were made aware an investigation / the process we follow into their behaviour which would enable steps to be taken by them to destroy evidence, or put more pressure on their victims through coercive abuse to ensure their allegations are dropped. Which could lead to the victims experiencing further physical and/or emotional trauma.
Public interest Considerations:
Section 30 – Factors for disclosure
To release information would lead to a better-informed general public by identifying that West Midlands police robustly investigate all aspects criminal offending, including allegations made against their own officers and staff members. This fact alone may encourage individuals to provide intelligence in order to assist with investigations and promote public trust in providing transparency and demonstrating openness and accountability.
Section 30 – Factors against disclosure
West Midlands police take their responsibility to appropriately handle and manage intelligence supplied to them, any information which could be used to undermine prosecutions, aid offenders to continue with their abuse, is not in the public interest.
Section 31 – Factors for disclosure
Disclosure would provide transparency in the way police officers are dealt with when suspected of carrying out criminal offending such as domestic/sexual abuse offences and may improve public debate into the credibility of how West Midlands police deals with these allegations within the force. It would also serve to demonstrate that West Midlands police is open and accountable.
Section 31 – Factors against disclosure
Relevant information is also widely available via the college of policing, as detailed within the Harm.
Our policy is in draft format and therefore not a working policy at this time, as amendments to processes, procedures can be made and therefore only a guidance document at this time.
To provide information or processes we follow would risk undermining the investigative process whilst determining whether any member of staff is responsible for improper conduct; including whether or not an allegation of this nature leading to police intervention was proportionate under the circumstances.
The release of certain information would hinder the prevention or detection of crime, and undermine the partnership approach to law enforcement, which would subsequently affect the force’s future law enforcement capabilities.
Law enforcement tactics could be compromised which could hinder the prevention and detection of crime. West Midlands police has a duty of care to the community at large and public safety is of paramount importance Disclosing information in relation to the process we follow would undermine an investigation and place the safety of an individual at risk, this could be used to offenders’ advantage which would compromise any potential victims and public safety generally. It may also encourage offenders to carry out further crimes as detailed within the harm.
Balancing Test
For a public interest test, issues that favour release need to be measured against issues that favour non-disclosure. The public interest is not what interests the public, or a particular individual, but what will be the greater good, if released, to the community as a whole.
The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. As part of that policing purpose, various operations / processes may or may not be disclosed. The Police Service will never divulge information if to do so, would place the safety of an individual(s) at risk, compromise an ongoing investigation or undermine the policing purpose in the effective delivery of operational law enforcement.
Whilst there is a public interest in the transparency of policing operations/ processes and investigations particularly in relation to West Midlands police own police officers, providing reassurance that the Police Service is appropriately and effectively investigating allegations of offending against West Midlands police officers, there is a very strong public interest in safeguarding the health and safety of individuals. As much as there is a public interest in knowing that policing activity into allegations against its own police officers is appropriate and balanced it will only be overridden in exceptional circumstances.
Having considered the arguments for and against the release of the information requested, the balance in the public interest test favours non-disclosure. West Midlands Police will not disclose information that could compromise the future law enforcement role of the force.