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Transphobia Crime - 032/20

Date Responded 22 January 2020

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

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.

You asked:

  1. How many people been killed in Northumbria in the past 5 years as a result of transphobia?
  2. How many of those were killed by men?
  3. How many women have been killed in Northumbria in the past 5 years?
  4. How many were killed by men?
  5. How many men have been killed in Northumbria in the past 5 years?
  6. How many were killed by men?
  7. How many women have been convicted of rape in Northumbria in the past 5 years?
  8. How many Trans people have been murdered in Northumbria in the past 5 years?
  9. How many were killed by men?

In Response:

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

The 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 that the information you require at points 8 & 9 is held by Northumbria Police as to actually determine if it is held would exceed the permitted 18 hours therefore Section 12(2) 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.

To provide information which meets the criteria of your request at these points would entail a member of staff manually searching 367 records to ascertain if any individual was recorded/described as ‘trans’.  Even at a conservative estimate of 5 minutes per record, which we have considered as reasonable, we have estimated that to extract this information alone would take over 30 hours, therefore Section 12 of the Freedom of Information Act is applicable.

When applying Section 12 exemption our duty to assist under As part of your request would exceed the prescribed limit, as defined by the Act, there is no requirement for Northumbria Police to provide a response to the remaining parts of your request. However, in order to provide you with some assistance, under Section 16 of the Freedom of Information Act 2000, an initial assessment of the information that may be provided within the time constraints would be the remaining questions however you would need to clarify your questions at points 3-6 as its not clear whether these also relate to transphobia, as point one does.  You would also  need to define what you refer to by ‘killed’, as this would encompass driving offences as well as cases of murder/manslaughter.

If this would be useful, you may wish to refine and resubmit your request accordingly taking into consideration the need for clarity as outlined above.

I can advise that there have been no such cases as outlined in point 1 of this submission.

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