Acceptable Behaviour Contract reported in www.getbracknell.co.uk

Dear Ms Cosgrove

Reference No: RFI2009000721

Thank you for your request for information dated 18/10/2009 concerning
Specific details relating to a teenager issued with an Acceptable
Behaviour Contract (ABC) and more general details regarding the Human
Rights implications of the ABC.

This request will be dealt with under the terms of the Freedom of
Information Act 2000.

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Thames Valley Police may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

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

Yours sincerely,

Jane Shields

Freedom of Information Administrator

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Dear Ms Cosgrove

Reference No: RFI2009000721

Thank you for your request for information dated 18/10/2009 which for
clarity, I repeat below:

A report online at :

[1]http://www.getbracknell.co.uk/news/s/205...

suggests that the teenager in question was 'forced' to sign an ABC.

The claim is always made that these agreements are both voluntary

and non-legal.

Can you confirm whether or not:

* a letter was sent to the child and/or parents about the alleged

matter, (and, erasing identifying matters, provide a copy of the

letter sent please)

* were the child and his parent(s) required to attend a meeting,

and if so, who else was there - what notice was given?

* was the child informed that s/he could have a

representative/legal adviser present?

* at the meeting, was the child given opportunity to see any

relevant documents, statements and to cross-examine?

* at any time, in correspondence and/or at the meeting, were the

parents or the child told of any consequences of not signing, and

if so, was one of these the possibility of loss of tenancy by the

parent(s)?

* was there any form of independent adjudication present during the

meeting?

* did the child admit the alleged offences?

Concerning ABCs in general, have your legal advisers considered

their status under Article 6.1 of the European Convention on Human

Rights, as relating to the civil rights and obligations of those

signing them?

Your request for information has now been considered and our response is
detailed below.

With regards to the first part of your request, which relates to a
specific incident, I am not obliged to provide you with this information.
Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at
s1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at s1(1)(b) is to disclose information
that has been confirmed as being held. Where exemptions are relied upon
section 17 of FOIA requires that we provide the applicant with a notice
which: a) states that fact b) specifies the exemption(s) in question and
c) state (if that would not otherwise be apparent) why the exemption
applies.

Thames Valley Police can neither confirm nor deny that it holds any
information relevant to your request as the duty in s1(1)(a) of the
Freedom of Information Act 2000 does not apply, by virtue of the following
exemption:

S40 (5) Personal Information

Disclosure under Freedom of Information is a release of information to the
world in general and not an individual applicant. Therefore, simply
confirming or not that such information were held would contravene the
data protection principles of the Data Protection Act 1998.

No inference can be taken from this refusal that the information you
requested does or does not exist.

With regards to your second question, I can confirm that the implications
of Article 6.1 of the European Convention of Human Rights were considered
in relation to the use of ABC agreements by Thames Valley Police.

Please contact me quoting the above reference number if you would like to
discuss this matter further and may I take this opportunity to thank you
for your interest in Thames Valley Police.

Yours sincerely,

Jane Shields

Freedom of Information Administrator

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References

Visible links
1. http://www.getbracknell.co.uk/news/s/205...

Dear Ms Cosgrove

Reference No: RFI2009000781

Thank you for your request for information dated 13/11/2009 concerning ABC
agreements.

This request will be dealt with under the terms of the Freedom of
Information Act 2000.

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Thames Valley Police may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

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

Yours sincerely,

Jane Shields

Freedom of Information Administrator

show quoted sections

Dear Ms Cosgrove

Reference No: RFI2009000781

Thank you for your request for information dated 13/11/2009 which, for
clarity, I repeat:

A report online at :

http://www.getbracknell.co.uk/news/s/205. suggests that the teenager
in question was 'forced' to sign an ABC. The claim is always made that
these agreements are both voluntary and non-legal.

Can you confirm whether or not in general in such situations:

1) A letter is sent to the child and/or parents about the
alleged matter, (and, erasing identifying matters, provide a copy of the
letter sent please)

2) Are the child and his parent(s) required to attend a
meeting, and if so, who else would be there - what notice would be given?

3) Is the child informed that s/he could have a
representative/legal adviser present?

4) At the meeting, is the child given opportunity to see any
relevant documents, statements and to cross-examine?

5) At any time, in correspondence and/or at the meeting, would
the parents or the child be told of any consequences of not signing, and
if so, would one of these the possibility of loss of tenancy by the
parent(s)?

6) Is there any form of independent adjudication present during
the meeting?

7) What if the child denies the alleged offences?

8) Also how many times have there been occasions where such
procedures not followed?

Your request for information has now been considered. Acceptable Behaviour
Contracts (ABCs) are flexible and can be used for a wide range of issues
ranging for very minor criminal and non-criminal behaviours up to more
serious crime and are not limited to young persons only. I am able to
provide you with a general overview of the procedures used by Thames
Valley Police in answer to your questions below:

1) A letter inviting the young person and his/her parents to a
meeting to discuss an ABC will often be sent, however this may also be
arranged via a telephone conversation.

2) There is no requirement to attend the meeting- as stated above,
the young person and their parent(s) would be invited. Other attendees
could include a Neighbourhood Police Officer, Representative for Local
Authority, and a Representative for Housing Provider -depending on whether
the alleged behaviour directly affected other nearby residents.

3) A young person would not normally be informed that legal
representation could be present as the ABC is a voluntary, non enforceable
process. However, there is no reason that the young person or family could
not take legal advice.

4) If the young person or family requests to see an evidential
statement then it would be made available. Cross examination is a court
process and so would not happen during an ABC meeting.

5) There is no sanction for failure to sign an ABC. A warning may
be issued that, if there is any further Anti-Social behaviour committed,
then the fact that an ABC has been refused will be considered when
deciding on further intervention and in the case of Court intervention,
the Court may be informed. It is further Anti-Social Behaviour and not the
failure to sign an ABC which could result in the possibility of the loss
of tenancy.

6) There is not usually any form of independent adjudication
present at an ABC meeting

7) If the young person denies any wrongdoing then an ABC may still
be offered.

8) We have no information as to times when the process has not
been followed; as due to the flexibility and fluidity of an ABC, the
procedure outlined above may be changed or adapted to fit the individual
circumstances of any case.

Further information can be found via the following Home Office weblink:

http://www.homeoffice.gov.uk/anti-social...

Please contact me quoting the above reference number if you would like to
discuss this matter further and may I take this opportunity to thank you
for your interest in Thames Valley Police.

Yours sincerely,

Jane Shields

Freedom of Information Administrator

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Dear Ms Cosgrove

Reference No: RFI2010000172

Thank you for your request for information dated 09/03/2010 concerning
Acceptable Behaviour Contracts.

This request will be dealt with under the terms of the Freedom of
Information Act 2000.

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Thames Valley Police may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

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

Yours sincerely,

Jane Shields

Freedom of Information Administrator

show quoted sections

Dear Ms Cosgrove

Reference No: RFI2010000172

Thank you for your request for information dated 09/03/2010 which, for
clarity, I repeat:

I am trying to work out what approach your Authority is taking in the
ABC process. I know what the idea is re prevention of further offending
etc. I am also aware of the informal intent of the procedures but because
they can and are used in subsequent formal procedures, I am anxious to see
how and where they fit. So I would be obliged if you could let me know the
following:

1. What legal advice or scrutiny has your Force engaged concerning the
use and operation of ABCs?

2. Has consideration been given to the relevance of Article 6.1 of the
European Convention? [My reasoning for asking this is that this procedure
does ask people to sign a contract which may secure their agreement to
limit their contact e.g. with others, not to congregate in certain areas
and so forth.]

3. Would it be reasonable to describe the ABC approach used by the Force
as an intervention to draw to the attention of named people their civil
obligations (eg not to be abusive, not to harass etc)?

On the issue of your reply point 3) why is there no procedure of informing
a child of right to be represented at such a meeting?

On 4) you say there is no cross-examination facility - given that the
child is shown an "evidential statement" how can the child adequately
challenge the contents of such a statement? Indeed what safeguards are
there against malicious or vexatious complaint if there is no
representation and no cross-examination/challenge?

On 5) can I confirm that at no time is the threat of loss oftenancy for
not signing put to a child? I ask this because I have seen this elsewhere.

On 6) can you explain why this is not the case? A PC or a housing officer
may put a case to a child, who may then not have representation, and yet
they are the ones who will want to persuade

the child to sign an ABC. Is this a healthy procedure?

On 7)why would an ABC be "offered" if a child had done nothing wrong? Are
you saying that a child who has done nothing wrong is asked to sign a
document stating s/he will not do certain things,

which can be used in court or ASBO procedures? Can you list me some of the
conditions which children who have not done anything wrong have been asked
to sign up to or could be?

One specific on the above question - are there occasions when a child who
has done nothing wrong is asked to sign that s/he will

(i) not congregate in a specified area?

(ii) not congregate with more than a specified number of other
children?

(iii) not congregate with other children at or between specified
times?

(iv) not undertake some specific action such as kicking a ball or
generally playing?

How many ABCs are in place at this time in your Force Areas, can I also
have an age break-down? Can this be done for the past 3 years,and how long
is the period for an ABC as a contract?

Your request for information has now been considered. Thames Valley Police
is not required to respond to your request as it has been considered a
"Vexatious" request that falls within Section 14(1) of the Freedom of
Information Act 2000.

In reaching our decision, a number of issues were considered and I outline
our reasoning below:

Would complying with the request impose a significant burden?

Due to the lengthy and detailed questions contained within the request,
any attempt to retrieve relevant information would involve a complex and
prolonged search of records. Furthermore, this would divert or distract
our Anti-Social Behaviour

Co-ordinator and his team from their usual working patterns.

Is it fair to regard the request as obsessive?

We have now received 3 requests from you regarding access to the same or
similar information concerning Acceptable Behaviour Contracts. The most
recent of your requests seeks to reopen issues already discussed and
responded to in our previous response to you (RFI2009000781). The
repetitive nature of your questions also adds to our review of this
request as obsessive.

Does the request lack any serious purpose or value?

In our opinion, the request is merely repeating and commenting on
information previously disclosed to you and lacks any serious, meaningful
purpose. As Thames Valley Police has already provided you with similar
data, we consider this request unnecessary as the response would add
little to the information previously provided. Also, many of your
questions do not constitute a request under Section 8 of the Freedom of
Information Act as they are asking for opinion or a yes/no answer and not
access to recorded information.

Therefore, as outlined in the above reasoning, Thames Valley Police
considers your request to be vexatious.

You have the right to appeal against this decision; please see attached
our Complaints procedure.

May I take this opportunity to thank you for your interest in Thames
Valley Police.

Yours sincerely,

Jane Shields

Freedom of Information Administrator

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Dear Ms Cosgrove

Reference No: IR2010000007

I acknowledge receipt of your email dated 15^th March 2010 requesting that
Thames Valley Police review its response to your request for information
concerning Acceptable Behaviour Contracts.

The review will be conducted in accordance to Thames Valley Police's
review procedure and every effort will be made to have a response to you
by the 16^th April 2010. However if it becomes clear that the review will
not be completed by this date you will be contacted.

If you wish to discuss this matter prior to Thames Valley Police's
response please contact me.

Yours sincerely,

Malcolm Hopgood

Tel: 0845 8 505 805

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Link: [1]File-List

Dear Ms Cosgrove

Reference No: IR2010000007

Thank you for your email dated 15^th March 2010 in respect of your request
for an internal review regarding our response to your request dated 9^th
March 2010 which for clarity I repeat below.

I am trying to work out what approach your Authority is taking in the ABC
process. I know what the idea is re prevention of further offending etc. I
am also aware of the informal intent of the procedures but because they
can and are used in subsequent formal procedures, I am anxious to see how
and where they fit. So I would be obliged if you could let me know the
following:

1. What legal advice or scrutiny has your Force engaged concerning the use
and operation of ABCs?

2. Has consideration been given to the relevance of Article 6.1 of the
European Convention? [My reasoning for asking this is that this procedure
does ask people to sign a contract which may secure their agreement to
limit their contact e.g. with others, not to congregate in certain areas
and so forth.]

3. Would it be reasonable to describe the ABC approach used by the Force
as an intervention to draw to the attention of named people their civil
obligations (eg not to be abusive, not to harass etc)?

On the issue of your reply point 3) why is there no procedure of informing
a child of right to be represented at such a meeting?

On 4) you say there is no cross-examination facility - given that the
child is shown an "evidential statement" how can the child adequately
challenge the contents of such a statement? Indeed what safeguards are
there against malicious or vexatious complaint if there is no
representation and no cross-examination/challenge?

On 5) can I confirm that at no time is the threat of loss of tenancy for
not signing put to a child? I ask this because I have seen this elsewhere.

On 6) can you explain why this is not the case? A PC or a housing officer
may put a case to a child, who may then not have representation, and yet
they are the ones who will want to persuade

the child to sign an ABC. Is this a healthy procedure?

On 7) why would an ABC be "offered" if a child had done nothing wrong?
Are you saying that a child who has done nothing wrong is asked to sign a
document stating s/he will not do certain things?

Which can be used in court or ASBO procedures? Can you list me some of the
conditions which children who have not done anything wrong have been asked
to sign up to or could be?

One specific on the above question - are there occasions when a child who
has done nothing wrong is asked to sign that s/he will

(i) not congregate in a specified area?

(ii) not congregate with more than a specified number of other
children?

(iii) not congregate with other children at or between specified
times?

(iv) not undertake some specific action such as kicking a ball or
generally playing?

How many ABCs are in place at this time in your Force Areas, can I also
have an age break-down? Can this be done for the past 3 years, and how
long is the period for an ABC as a contract?

Having considered your reasoning for an internal review I have now had the
opportunity to fully re-examine our decision considering the refusal of
information under Section 14(1) - Vexatious - I am satisfied that the
application of this section was in accordance with the Freedom of
Information Act 2000 (FOIA) and therefore uphold our original stance.

Section 8 of the FOIA is also applicable for questions 2, 3, 4, 5, 6, and
parts of 7 as they do not fulfil the criteria of the Act because you are
not requesting access to recorded information but seeking an opinion or a
yes/no answer and making comment on a previous response.

If you are not satisfied with my response, you may make application to the
Information Commissioner for a decision on whether the request for
information has been dealt with in accordance with the requirements of the
FOIA.

For information on how to make application to the Information
Commissioner, please visit their website at: [2]www.ico.gov.uk

If you wish to discuss this matter prior to any further action on your
part please contact me.

Yours sincerely,

Malcolm Hopgood | Information Compliance Officer | Telephone 0845 8 505
505 |Address Thames Valley Police HQ, Oxford Road, Kidlington, Oxon OX5
2NX

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References

Visible links
1. file:///tmp/cid:filelist.xml@01CADB09.E18663B0
2. http://www.informationcommissioner.gov.uk/