Request for information for Civil Legal Proceedings
Keywords
Civil, Civil Legal Proceedings, Prospective legal proceedings, A97, A97a, legal action.
Publication Number
PUB 1022
Publication Statement
This information is correct as at 13 June 2024 and may be subject to change.
Essex Police aim to review and update this publication annually.
As with all publications of information by Essex Police, please note caveats may apply regarding the accuracy of data.
Title
Request for information for Civil Legal Proceedings
Date Range
13 June 2024 to date
Background Information
Information can be requested by Essex Police to provide information held on Essex Police local system for use in civil legal proceedings. Most requests will relate to applicants seeking redress by way of financial compensation.
This guidance sets out the process to apply for information and the exclusions and limitations that apply.
Disclosures made for civil legal proceeding are made under Schedule 2 part 1, 5(3) of the Data Protection Act 2018.
Related Documents/Links
Request information about yourself or someone else
FOI Publication
Requests can be made via completion of the A97 submission form.
Advisory note: Searches and their subsequent disclosures fall under a charging structure:
- Third party (name and address only)
- Third party (name, address, and summary of incident)
- Starter
- Intermediate
- Premium
- Premium Plus
Each package involves increasing levels of research in order to provide the information requested and this is reflected in the resultant costs. Further details can be found via the A97 submission form.
Exclusions
Disclosures are discretionary and each request is considered on its own merit. Disclosure is based on careful consideration of all facts including the necessity, suitability, fairness, lawfulness, proportionality, adequacy and relevancy.
If a request for such information is declined, you may wish to consider seek Legal advice regarding compelling Essex Police to disclosure via a Court Order. Court order guidance is available via the FOI publication scheme
Information disclosed under Schedule 2 Part 1(5) of the DPA 2018, can be charged. Charges are underpinned by the National Police Chief’s Council (NSPCC) Charging Guidance.
Limitations
Most applications will be made by solicitors or legal advisors with the intention of taking civil action.
Applications made direct to Essex Police by members of the public without legal representation will only be actioned subject to the following conditions:
- Suitable identification.
- Proof that the disclosure is necessary in connection with legal proceedings (including prospective legal proceedings), establishing exercising or defending legal rights or for the purpose of obtaining legal advice. Details to be included with the form.
Essex Police will not disclose if information relates to a live investigation unless the Officer in the case can confirm that no prejudice will be caused by the release. Otherwise, a disclosure will only be made by order of the court.
The discretionary nature of these requests mean that Essex Police do not have to disclose some or all of the applicants or third parties’ personal data.
There are no legal time frames that civil requests are obliged to be actioned within, however, Essex Police have Service Legal Agreements (SLA’s) in place for discretionary disclosures.
Information regarding other methods to follow for other information requests:
Right of Access - provides access to your personal data held locally by Essex Police, (exemptions may apply). (A95 Guidance / A95 Form)
Court Order - Essex Police work closely with the Family Court. Information can be obtained via a Court Order through legal representation or directly through the court system. Please contact the court for further details. (Annex 1 Guidance Notes / Annex 1 Form)
If Third Party Information for housing related matters is required (i.e. civil redress against Tenant from a Council or other relevant authority), then an application should be made via the A97 form. If Third Party Information is required in respect of any other purposes, then an application should be made via the A97a form.
Please see the following document for further details:
Information Rights Schedule of Fees
Fees are payable in advance. In some circumstances, Essex Police may not hold the information request or may restrict disclosure. Payment is for the search rather than the disclosure; however, Essex Police will seek to advise applicants what information is available in advance of a request.