NFRS 2022 72 - fires on Grafton Street, Worksop

You asked for:

1. Please could you advise, for the past year, the incidents of fire attended at Grafton street, Worksop S80, and brief details?

   13/09/2022 a vehicle fire occurred at Grafton Street. With regard to this, please advise:

2. the time notified & attended
3. how many vehicles were involved
4. the cause (if known)

Our Response:

1. Please could you advise, for the past year, the incidents of fire attended at Grafton Street, Worksop S80, and brief details?

   Answer: - 1 incident recorded between 27/10/2021 and 27/10/2022 where the incident type is ‘Fire’ for Grafton Street, Worksop S80. 13/09/2022 a vehicle fire occurred at Grafton Street. With regard to this, please advise:

2. the time notified & attended
3. how many vehicles were involved
4. the cause (if known)

   Answer: - The information requested has been deemed exempt by virtue of section 30(3) Investigations and proceedings conducted by public authorities under the Freedom of Information Act 2000.

Section 30: - Investigations

(3) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) or (2).

Section 30 of the Freedom of Information Act 2000 is categorised as a Qualified and Class Based type exemption and therefore requires a public interest test to be carried out, but shall not require that Nottinghamshire Fire and Rescue Service articulate the harm in disclosure.

Public Interest Test

Factors favouring complying with Section 1(1)(a) confirming that information is held

Nottinghamshire Fire and Rescue Services understands that there would be a public interest in knowing how they as a service responds to any potential incidents and the right resources are allocated to combat them. It is also expected that the service should be transparent on the nature and cause of any incidents alongside any cooperation with other public authorities as it further encourages openness and transparency between the service fostering public support and confidence.

Factors favouring non-compliance with Section 1(1)(a) confirming that information is held

Nottinghamshire Fire and Rescue Service has a duty of care to the community at large and public safety is of paramount importance. The disclosure of information is not simply to the individual making the request but to the world. The success of many investigations depends on ensuring the information is not disclosed prematurely. If an FOI disclosure revealed information to the world (by citing an exemption or stating no information held) that by doing so would undermine any ongoing investigations to which the service has provided assistance or has an active involvement in conducting has the potential of assisting those who have committed such offences compromising any ability to bring them to account and places public safety at risk and more worryingly encourage offenders to carry out further crimes.

Nottinghamshire Fire and Rescue Service is routinely engaged in assisting with the Police’s duty to conduct investigations into law enforcement matters, therefore confirmation or denial as to whether information exists relevant to this request would harm the close relationship that exists with such organisations where trust and confidence has been built up.

Balancing Test

The points above highlight the merits of confirming, or denying, whether any information pertinent to this request exists. The maintaining of the integrity of any investigations on-going or conducted for law enforcement purposes is of paramount importance. Nottinghamshire Fire and Rescue Service has a duty to assist the relevant Police Services who are charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. As part of that duties, various operations with other law enforcement bodies may or may not be on-going. Nottinghamshire Fire and Rescue Service will never divulge whether or not information is held if to do so would place the safety of individual(s) at risk or undermine any such investigations and the ascertaining of whether a person should be charged with an offence or guilty of said offence.

Whilst there is a public interest in appropriately and effectively engaging with the community in regards to the duties carried out by the service, there is a very strong public interest in safeguarding the integrity of investigations conducted for law enforcement purposes. As much as there is a public interest in knowing specific incident details.

The public entrusts the Nottinghamshire Fire and Rescue Service and the Police Service to make appropriate decisions with regard to their safety and the enforcement of law and the only way of reducing the potential risk of compromising investigations that may or may not be on-going, is to be cautious with any information that is released. Confirming or denying the requested information would place a risk on such activities with increased potential to assist those intent on causing harm or evading detection. Such a confirmation or denial would, by default, affect the prevention and detection of crime.

Therefore, at this moment in time, it is our opinion that for these issues the balance test for confirming, nor denying, that information is held is made out.

No inference can be taken from this refusal that information does or does not exist.