Cautions

Summary

The requester asked for statistics and details regarding adult cautions issued on the Connect IT system and subsequent legal challenges between June 2019 and March 2020. The Isle of Man Constabulary refused to provide the information directly, stating it was already reasonably accessible via a specific Tynwald Hansard document.

Key Facts

• The request was received on 19 February 2021 and responded to on 22 February 2021.
• The authority cited Section 20 of the Freedom of Information Act 2015 to refuse the request.
• The refusal was based on the information being 'already reasonably accessible' to the requester.
• The Constabulary directed the requester to a specific PDF on the Tynwald website (Page 41) for the requested data.
• The case reference number is 1677525.

Data Disclosed

• 19th June 2019
• 31st March 2020
• 19 February 2021
• 22 February 2021
• Page 41
• 1677525

Exemptions Cited

• Section 20 of the Freedom of Information Act 2015 (Information already reasonably accessible)

Original Request

How many adult cautions have been issued on the Connect IT system (used by the Isle of Man Constabulary) by Police Officers between 19th June 2019 and 31st March 2020; how many such cautions were removed following a legal challenge: (a) where it identified the unlawfulness of the process; and (b) for any other reason; what issues were identified in legal challenges and how have they been addressed by the Constabulary; how many people were affected by this in the aforementioned time frame and how many affected people have been notified; and what plans the Department has to pay affected individuals concerned compensation for this situation?

Data Tables (1)

Full Response Text

Isle of Man Constabulary Freedom of Information Police Headquarters Dukes Avenue Douglas Isle of Man IM2 4RG

Our ref: 1677525 22 February 2021

Dear ###

We write further to your request which was received on 19 February 2021 and which states:

"How many adult cautions have been issued on the Connect IT system (used by the Isle of Man Constabulary) by Police Officers between 19th June 2019 and 31st March 2020; how many such cautions were removed following a legal challenge: (a) where it identified the unlawfulness of the process; and (b) for any other reason; what issues were identified in legal challenges and how have they been addressed by the Constabulary; how many people were affected by this in the aforementioned time frame and how many affected people have been notified; and what plans the Department has to pay affected individuals concerned compensation for this situation?"

While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. All of the information that you have requested is available from: https://www.tynwald.org.im/business/hansard/20002020/k210126.pdf

Page 41 refers

Please quote the reference number 1677525 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will

be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely