FOI 38/25 Outcome 21

Enquiry Reference:  FOI: 38-25                                                                                

I write in connection with regards to your Freedom of Information request.  Below is your request and our response.

Outcome 21:

What determines what is not in the public interest? 

Are there any examples of this? Is there anywhere I can get more information please? 

Having made enquiries within the Force below is all the information we hold.

Outcome 21 - Briefing note (last updated 30/10/2024)

Outcome 21 - investigation not in the public interest (Police Decision)

Further investigation, resulting from the crime report, which could provide evidence sufficient to support formal action being taken against the named suspect, is not in the public interest – police decision. 

This outcome specifically relates to circumstances where it is not in the public interest to further investigate a matter and it is not to be confused with and is not an alternative outcome to Outcomes 9 & 10 both of which relate to situations where once an investigation has been completed, it is not in the public interest to prosecute or take formal action against an offender.  Consequently, where an investigation has been conducted and there is sufficient evidence for a realistic prospect of conviction, but further formal action is not in the public interest, Outcome 21 must NOT be used.

Clarification:  Before deciding that no investigation will be undertaken in relation to a notifiable offence with a named suspect, police must have due regard to the public interest test considerations set out in the Code for Crown Prosecutors Para 4.14 a-g:

The Code for Crown Prosecutors | The Crown Prosecution Service (cps.gov.uk)

Outcome 21 is also used operationally as an indication to Disclosure and Barring staff, that care should be taken before routinely disclosing the information.  It will not, therefore, normally be appropriate in relation to ‘serious’ offences such as domestic abuse, hate crime, child abuse, weapons offences or any indictable only matter; nor to any offence, e.g., dishonesty, where the nature of the offending may be relevant to future employment with children and/or vulnerable adults.  If, in exceptional circumstances, use of Outcome 21 is deemed appropriate for a ‘serious’ or ‘relevant’ offence, the decision maker must be appropriate for the seriousness of the offence in question and the rationale sufficient for future DBS staff consideration.  It will usually be necessary for police to speak to the suspect and/or to their appropriate adult (parent/carer etc) to explain the implications. The FCR must maintain oversight of all records where Outcome 21 is applied.

Example1:

A parent reports that her 14-year-old daughter has images on her phone of a sexual nature.  The male is aged 15 and the female aged 14 who are boyfriend and girlfriend have sent indecent images to each other.  Record 2x crimes of Take/make/distribute indecent photographs or pseudo-photographs, of children have been recorded.

This making and sharing is considered non-abusive and there is no evidence of exploitation, grooming or profit motive, malicious intent (e.g., extensive, or inappropriate sharing) or it being persistent behaviour.

It is the intention of utilising Outcome 21 in these cases as a proportionate response to this behaviour to avoid criminalising of children.  Those involved could be directed on to an educational course in order to understand the implications of sharing indecent images.  The investigation should be closed under Outcome 21.

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request, you have the right to request an independent internal review of your case under our review procedure. The Freedom of Information Code of Practice (see below link) states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced. Public authorities are not obliged to accept internal reviews after this date.

https://www.gov.uk/government/publications/freedom-of-information-code-of-practice

Yours sincerely

Information Rights Decision Maker