www.cica.gov.uk
DX: GW 379 Glasgow
Ms Crane
Our Ref: FOI_03_2012
19th June 2012
Dear Ms Crane,
I refer to your email of 21st May 2012 and to your earlier correspondence, the contents of which have been noted.
You made a Freedom of Information Request on 08 April 2012 in which you asked for information about a payment which may or may not have been paid to a named individual in respect of alleged sexual abuse. You have indicated in your email of 10th May 2012 that you are dissatisfied with the response you received to your request and furthermore you have indicated in your email of 21st May 2012 that you wish to proceed by way of internal review. I am therefore treating your email as a request for an Internal Review of this response.
The purpose of an Internal Review is to assess how the Freedom of Information request was handled in the first instance and to determine whether the original decision given to you was the correct one.
I have reassessed your case and, after careful consideration, I have concluded that the initial response that was sent to you was compliant with the requirements of the Freedom of Information Act. An explanation of my decision follows.
Section 40 (2) and (3) of the Freedom of Information Act 2000 provides an absolute exemption from disclosing information about identifiable individuals where it would breach the Data Protection Principles set out in Schedule 1 of the Data Protection Act 1998 (DPA).
In this case, it is my opinion that disclosure of personal data would breach principle 1 in Schedule 1 of the DPA, which states:
“Personal Data shall be processed fairly and lawfully and, in particular, shall not be processed unless:
§ (a) at least one of the conditions of Schedule 2 is met, and
§ (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met”.
I do not consider that any of the conditions in Schedule 2 or Schedule 3 have been met and for that reason find that it is not appropriate to release the personal data you have requested.
In coming to this conclusion I have given particular consideration to the condition at paragraph 6 of Schedule 2 to the DPA, which states that disclosure may be justified if:
“The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject”.
I do not consider that this condition has been met in this case. You raise concerns about the potential misuse of public funds through the payment of compensation by the CICA in the absence of a conviction. It is my view that this concern can be addressed without it being necessary for the Authority to disclose whether it holds any information in relation to the individual whom you have named.
Instead, I can provide you with information on the Authority’s decision making process which details the factors we take into consideration when making a decision, as well as the test we base all of our decisions on. This is the most reasonable and proportionate way of addressing the matter which you have raised.
If on the balance of probabilities it is more likely than not that someone is the blameless victim of a crime of violence then the Authority is likely to make an award. Please be advised that, as the test is on the balance of probabilities, the Authority may pay compensation even where an assailant is found not guilty in a Court of law. This is because, in a criminal court, the Crown must prove beyond all reasonable doubt that the assailant is guilty of the crime. Please find a link to our guidance at the following address in the public domain:
http://www.justice.gov.uk/downloads/victims-and-witnesses/cic-a/how-to-apply/cica-guide.pdf
Please also find a copy of our annual reports which are produced for accountability purpose, are also contained in the public domain, are subject to the approval of the National Audit Office and are laid before Parliament:
http://www.justice.gov.uk/publications/corporate-reports/cica
If you have any questions or queries regarding the guidance contained within, please do not hesitate to contact me directly. My contact details can be found below.
If you are dissatisfied with the findings of this internal review, you have a further right to apply to the Information Commissioner to request a review of my decision, at the following address:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
E-mail address:
Yours sincerely,
Wendy McDonald
Legal Advisor
0141 331 3131