CRIMINAL JUSTICE & STANDARDS PORTFOLIO

RESOURCES DIRECTORATE
Corporate Support and Information Services - Data Protection
Police Headquarters, Saunders Lane, Hutton, Preston PR4 5SB

Tel: 01772 413327 Fax: 01772 412123 Email: [Lancashire Constabulary request email]

Arthur Peasgill

Via www.whatdotheyknow.com

Email: [FOI #22498 email]

11 November 2009

Dear Mr Peasgill,

FREEDOM OF INFORMATION APPLICATION REFERENCE NO: 2133/09

Thank you for your request for information received by Lancashire Constabulary on the 3^rd November 2009, which was as follows:-

I believe that the Constabulary's Chief Legal Advisor is Niamh Noone. I also believe that she acts as solicitor to the Chief Officer.

Please supply details of her diary, duties, meetings and places that she worked/attended on 10, 11, 12, 13, 14 and 15 May 2009.

In her guise as Chief Legal advisor is Niamh Noone subject to the Law Society Code of Conduct?

Your request has now been considered and some of the information you are seeking can be found below:-

I can advise you that the Head of the Constabulary's Legal Department is indeed Miss Niamh Noone. The Legal Department represents the interests of the Chief Constable in relation to both internal and external matters in which legal issues arise. This includes offering advice on a broad range of legal issues, and also providing or arranging for representation at contested hearings. The Legal Department also deals in-house with a range of civil actions.

Miss Noone is a Solicitor of the Supreme Court, and as such does have the benefit of the Law Society Regulations.

Your request regarding the details of Miss Noone's diary etc. has now been considered and unfortunately the information you are seeking cannot be provided at this stage. This serves to act as a refusal notice under Section 17(1) of the Freedom of Information Act 2000, by virtue of the listed exemptions S.30, Investigations and Proceedings Conducted by Public Authorities; S.40, Personal Information; and S.42, Legal Professional Privilege. S.30 and S.42 are qualified exemptions, and as such a Public Interest Test has been applied to assess the suitability of this information for disclosure. Details of this can be found overleaf:

Public Interest Test:

Factors Favouring Disclosure:

Release of this information would make the Constabulary more accountable to the public on how funding was spent in the area of legal support and action. It would also make the legal department, and Miss Noone herself, more accountable for how her time within the role as the Head of the Legal Department is utilised. This information could also assist in increasing public understanding of the role of the Legal Services Department within the Constabulary.

Factors Favouring Non-Disclosure:

Section 30(1): Release of this information could disclose details of investigations or cases in which legal advice or action was required. Due to the nature of police work, it is possible that some of the meetings etc. attended by Miss Noone in May of 2009 could relate to ongoing criminal investigations. Revealing details of those investigations could compromise the investigation, and risk undermining the rights of any suspect to a fair trial, and more importantly the rights of the victim, if a prosecution case failed or an offender was not traced due to the adverse effects of disclosure.

Section 42(1): The client - legal professional privilege is a principle enshrined in history which must be respected. The release of information relating to meetings between a solicitor and their clients has the potential to breach this principle, and could undermine the relationship between solicitor and client.

Section 40(2): Disclosure of the details of Miss Noone's schedule over a whole week, as has been requested, could potentially reveal sensitive personal information which is protected by the Data Protection Act 1998. The Constabulary offers a range of flexible working arrangements to staff members in order to promote a healthy work - life balance. Examples of this include a flexi-time scheme and condensed working arrangements. The Constabulary is also understanding towards staff members who need to attend medical appointments during `normal' working hours. As such, disclosure of Miss Noone's schedule at such a high level of detail could easily reveal information relating to her private, personal and home life, which would be in breach of the principles of the Data Protection Act.

Balancing Test:

On balance I feel that the factors favouring non-disclosure outweigh those favouring disclosure. I do not feel that the release of a specific staff member's personal diary or work schedule provides any significant benefit to the public which could not be provided by disclosing a summarised account of how their time is generally divided between different work tasks. However, to disclose this information runs the potential risk of compromising police investigations; breaching client - solicitor confidentiality principles; and breaching the Data Protection Principles.

If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request an internal review of our decision, you should write to the Data Protection and Information Officer, Corporate Support and Information Services - Data Protection, Police Headquarters, Saunders Lane, Hutton, Preston PR4 5SB or alternatively send an email to [Lancashire Constabulary request email]. Details of the Constabulary's Freedom of Information Complaint Procedures can be found attached to this email.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner's Office cannot make a decision unless you have exhausted the complaints procedure provided by Lancashire Constabulary. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Bryony Hopkinson
Freedom of Information Disclosure Assistant

NOT PROTECTIVELY MARKED