This is an HTML version of an attachment to the Freedom of Information request 'Safety of your children.'.

Mr D Canning

Freedom of Information Section

Nottinghamshire Police

Telephone:- 0115 9672507

Facsimile:- 0115 9672896

E-mail: [email address]

[FOI #19110 email]

16th December 2009

Dear Mr Canning

Request under the Freedom of Information Act 2000 (FOIA)

Reference No: FOI09-2538

I write in connection with your request for information dated 1st October 2009, which was received by Nottinghamshire Police on 1st October 2009. I note you seek access to the following information:-

1] Please supply all the information that you hold on the criteria

for releasing pictures of Semi naked children to the RSPB and the

safeguard to protect children from such events that have recently

occurred.

2] Also, please supply all the information that you hold on the

criteria for allowing the RSPB access to pictures of children and

where children actual live while on police raids and the safeguards

to protect our children. For example do the RSPB have CRB checks

like everyone else who could come in contact with children and do

the police check the CRB checks on each person on the raid?

3] Given the two questions above please supply all the information

that you hold on giving the RSPB unsupervised access to childrena?Ts

pictures and where the children actually live.

Following receipt of your request searches were conducted within Nottinghamshire Police to locate information relevant to your request.

Decision

Please see enclosed response

Complaints Rights

Your attention is drawn to the enclosed review procedure, which details your right of complaint.

Copyright

Nottinghamshire Police in complying with their statutory duty under Sections 1 and 11 of the Freedom of Information Act 2000 (FOIA) to release the enclosed information will not breach the Copyright, Designs and Patents Act 1988.

However, the rights of the copyright owner of the enclosed information will continue to be protected by law. Applications for the copyright owner's written permission to reproduce any part of the attached information should be addressed to the Force Solicitor, Nottinghamshire Police, Force Headquarters, Sherwood Lodge, Arnold, Nottinghamshire, NG5 8PP.

I would like to take this opportunity to thank you for your interest in Nottinghamshire Police.

Should you have any further enquiries concerning this matter, please write or contact the Freedom of Information Officer on telephone number 0115 9672507 or e-mail [email address] quoting the above reference number.

Yours sincerely

Freedom of Information Officer

Enc

RESPONSE

As per previous correspondence.

In response to your Freedom of Information request Nottinghamshire Police force would like to point out the following.

The Freedom of Information Act is a piece of legislation, which quite rightly opens up public authorities to greater scrutiny and accountability.

Under the provision of the act an authority must process a request in writing from a named applicant under the terms and conditions of the legislation. Previous requests relating to birds of prey investigations have been declared vexatious. Whilst giving maximum support to individuals genuinely seeking to exercise the right to know, the Commissioner's general approach will be sympathetic towards authorities where a request, which may be the latest in a series of requests, can be characterised as obsessive or manifestly unreasonable.

Therefore this request applies Section 14 Vexatious under the Freedom of information Act 2000.

This letter constitutes a refusal notice under Section 17 of the Freedom of Information Act 2000 with Section 14 of the Act being applied.

Section 14

  1. Section 1(1) does not oblige a public authority to comply with a request for information if the request is vexatious.

  1. Where a public authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.