999 call from Hadrian Park Care Home Billingham

Dear Mr Sowerby,

Enquiry Ref : 2010/2606

I write in connection with your request for information dated 01 July 2010 concerning an incident at Hadrian Park care home.

Cleveland Police can neither confirm nor deny that it holds the information you requested as the duty in Section1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions:

S40(5) Personal information
S30(3) Investigations and proceedings conducted by public authorities

This letter, however, should not be taken as confirmation that we hold the information you have requested.

Under the Freedom of Information Act, information that is disclosed is released to the world and not just to the individual applicant. As such, disclosure, if information were to be held would breach the Data Protection Act 1998 first principle "fairly and lawfully processed" on that basis to consider the public interest case for conformation or denial of such information existing, in this instance, I can not conceive how the greater good of the public can be served by considering breaching a Data Protection Act principle and on this basis Cleveland Police would not wish to confirm or deny to the public at large whether an investigation has taken place or is taking place or what information if any, is held in relation to an individual.

Should a person wish to know specific information or what information, if any, Cleveland Police holds about them if any, or they would like confirmation that they do or do not have a prosecution/conviction history; they must complete a Subject Access Request. Payment of a £10.00 fee and proof of identification must accompany a completed application. If they Visit the Cleveland Police Web Site www.cleveland.police.uk and on the home page Click on the tab towards the top of the home page entitled"Advice and information" on that page approx half way down the titles on the left side of the page click on "Data protection" and then on the sub heading "Subject Access" which appears immediately below the Data protection title on that page they can then scroll down to download forms. The Data protection Section of the web side will provide you with practical advice about such a request for information.

Please note that once Cleveland Police have received a completed application, the process to consider providing information, if any is held, can take up to 40 days.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request that we review your case under our review procedure. If you decide to request that such a review is undertaken and following this process you are still dissatisfied you then have the right to direct your complaint to the Information Commissioner for consideration.

If I can be of any further assistance please do not hesitate to contact me.

Yours sincerely,

Pc 18 Tony Greenheld
FOI Decision Maker
Freedom Of Information
Cleveland Police
Wetherby House
Tel 01642 306832

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