ivanataylor [[FOI #20754 email]]

21^st October 2009

Dear `ivanataylor'

FREEDOM OF INFORMATION REQUEST

I refer to your e-mail dated 20^th October 2009, in which you requested an internal review of Cumbria Constabulary's handling of your FOI request relating to ' Race hate crime reporting to Cumbria Constabulary'.

This request was originally received by the Constabulary on 13^th October 2009, and is detailed below:-

Please provide me with details of the number of reported race hate crimes for Cumbria in the last two years, under FOI?

I have considered your original request and also your request for an internal review.

With reference to your initial request, I believe that you have not submitted this using your real name, but a pseudonym. I can advise you that this renders your request not valid as Section 8 of the Freedom of Information legislation states:-

(1) In this Act any reference to a `request for information' is a reference to such a request which-

(a) is in writing,

(b) states the name of the applicant and an address for correspondence, and

(c) describes the information requested.

The use of the phrase “the name of the applicant” in section 8(1)(b) indicates that the real name of the applicant should be used when requesting information and not any other name, for example, a pseudonym. Further guidelines from the Information Commissioners Office state that `title and/or first name with surname satisfies the requirement for provision of a real name, as does the use by a female applicant of her maiden name.'

If you wish to resubmit your request under your real name, your request will be considered at that point.

With reference to your request for an internal review, this has not been considered at this stage, because I am unsure as to the reason why you have requested such a review, particularly given that the 20 working day limit specified by the Freedom of Information Act has not been exceeded.

If, in response to this letter you wish to again seek an Internal Review, please specify the reason for the review and this will be considered when we receive it.

Cont…

-2-

Complaint Rights

Your attention is drawn to the attached sheet which details your right of complaint.

If you have any further enquiries about this matter, please write or contact me on the telephone number detailed in the header section of this letter.

Yours sincerely

Trixi Julier

Data Protection and Freedom of Information

Professional Standards Department

Trixi Julier
Data Protection & Freedom of Information
Email [email address]
Tel: 01768 217054

Fax: 01768 217638

My Reference FOI 491/09
Your Reference

Chief Constable
Craig Mackey

Police Headquarters
Carleton Hall
Penrith, Cumbria
CA10 2AU

www.cumbria.police.uk