FOI Request 1891

Subject: Beechmere Retirement Village Fire 2019 - Source of Ignition

Status: Complete

Date received: July 2023

Question Asked:

Please can you advise what is considered to be the source of ignition for the Beechmere Retirement Village fire.

Our Response:

Section 17 of the Freedom of Information Act 2000 requires the Cheshire Fire and Rescue Service, when refusing to provide such information (because the information is exempt) to provide you with a notice which a) states that fact, b) specifies the exemption in question and c) states (if that would not otherwise be apparent) why the exemption applies:

After careful consideration I am able to confirm that the information you have requested is exempt by virtue of Section 30 of the act (as amended by Schedule 19 of the Data Protection Act 2018). 

Section 30 is a qualified class-based exemption therefore there is a requirement to consider the public interest.

Although every effort should be made to release information under the Freedom of Information Act, to supply information relating to an ongoing investigation could undermine that ongoing investigation.

Public Interest Test

Factors favouring supplying the information held
Supplying the information held would allow the Fire service to appear more open and transparent. 

Factors favouring not supplying the information held
The exemption at section 30(1)(a) of the FOIA exists to safeguard the effective investigation and prosecution of offences. The exemption recognises the need to prevent disclosures that would prejudice either a particular investigation or set of proceedings, or investigatory and prosecution processes generally. 

Information disclosed under the Freedom of Information Act should be suitable for disclosure to anybody and everybody. Once information is released into the public domain is it out of the control of the public authority investigating the case.  Information could be used to create inaccurate or misleading media coverage which could prejudice the ongoing investigation. This could prejudice an ongoing case as witnesses or potential jurors could be prejudiced by what they see or hear in the media.

Balancing Test 

Whilst there is a public interest in the transparency of investigations, and in providing assurance that the Fire Service is appropriately and effectively investigating this case this should be balanced against the need to protect the public, and ongoing criminal investigations.  Cheshire Fire and Rescue to provide some disclosure in regards to this investigation limited to information that would not prejudice the ongoing investigation. This demonstrates Cheshire Fire and Rescue’s commitment to transparency where possible. These disclosures act to reassure the public that we are taking the appropriate actions insofar as we are able to without affecting our ability to continue with our investigation and evidence gathering. 

Weakening the mechanisms used to investigate any type of criminal activity, would place the justice process at risk and impact safety, confidence and assurance for the public.  In addition, anything that places that confidence at risk, no matter how generic, would undermine any trust or confidence individuals have in the Fire Service. 

This view is supported by the ICO who state “As a general rule there will always be a strong public interest in maintaining the section 30 exemption whilst an investigation is ongoing.”

Therefore, at this moment in time, it is our opinion that for these reasons the balance test favours of not supplying the information held.

Outcome: Refused

FOI responded to within timescales: YES

Further action: YES