Access to disciplinary records

Dear Mr. Mason,

Freedom of Information Request Reference No: 2010110005094
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 28/11/2010. I note you seek
access to the following information:

* "Can you please provide me with any policy or other documentation
relating to the disclosure of the disciplinary record of police
officers or support staff? "

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). 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 the MPS 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.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

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

Should you have any further enquiries concerning this matter, please
write or contact Katie London on telephone number 02071613907 quoting
the reference number above.

Yours sincerely

Katie London
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think
the decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your
request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is
to telephone the case officer that is nominated at the end of your
decision letter.

That person will be able to discuss the decision, explain any issues
and assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision
of the MPS made under the Freedom of Information Act 2000 (the Act)
regarding access to information you can lodge a complaint with the MPS
to have the decision reviewed.

Complaints should be made in writing, within forty (40) working days
from the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied
with the decision 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 Act.

For information on how to make application to the Information
Commissioner please visit their website at
www.informationcommissioner.gov.uk. Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Dear Mr Mason

I am writing to update you with the status of the above FOIA request.

The proposed reply is currently awaiting agreement from senior decision
makers and as a result I have to extend the deadline to January 2011. I
apologise for any inconvenience that may be caused to you by the delay in
issuing the substantive response and as soon as I have received agreement
from senior management I shall be issuing the reply to you.

Yours sincerely

Carol Conway
DPS-FOIA Team.

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Dear Mr. Mason

Freedom of Information Request Reference No: 2010110005094

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 28/11/2010. I regret any
inconvenience cause to you by the delay in providing the response. I note
you seek access to the following information:

** Can you please provide me with any policy or other
documentation relating to the disclosure of the disciplinary record of
police officers or support staff?

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at the Directorate of Professional Standards (DPS).

RESULT OF SEARCHES

The searches located information relevant to your request.

DECISION

The MPS treats any request for the disclosure of police officer or police
staff disciplinary records on a case by case basis also giving due regard
to the provisions of the Data Protection Act 1998 (DPA) and the Freedom of
Information Act 2000. Disciplinary records are classed personal
information and cannot be disclosed if this would lead to a breach of the
DPA or would be exempt information under Section 40 of the Freedom of
Information Act. Section 40(2) applies to third party personal data. This
would not be released under the Freedom of Information Act unless there is
a strong public interest. This is because any release would breach the
Data Protection Principles contained within the Data Protection Act
(1998). Personal data is defined under the Data Protection Act (1998) as
data that is biographical in nature, has the applicant as its focus and/or
affects the data subject's privacy in his or her personal, professional or
business life.

The MPS has a policy entitled 'Adverse Information:Judicial Findings'
which may be of use to you as it describes the process used by the MPS
when dealing with various conduct matters of concern and the subsequent
disclosure of police misconduct to the CPS and other interested parties.
The policy applies to police officers, special constables and police
staff. For your convenience I attach a copy of the policy below.

The document I have disclosed to you has been redacted, that is, I have
removed information that would, if released, be in breach of the Data
Protection Act 1998 (DPA). I have also removed information that would, or
would be likely to, prejudice the ability of the Police Service to both
prevent and detect crime. In accordance with Section 17 of the Act, this
letter serves as a Refusal Notice for this information.

Section 17 of the Act provides:

(1) A public authority which, in relation to any request for information,
is to any extent relying on a claim that any provision in part II relating
to the duty to confirm or deny is relevant to the request or on a claim
that information is exempt information must, within the time for complying
with section 1(1), give the applicant a notice which -

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Under the Act, there are two types of exemption that can be applied to
information considered unsuitable for public release. These exemptions are
referred to as absolute exemptions and qualified exemptions.
When an absolute exemption is applied to information, a public authority
is not required to consider whether release of that information is in the
'public interest'.
When a qualified exemption is applied to information, a public authority
must establish whether the 'public interest' lies in disclosing or
withholding the requested information. The public interest is determined
by conducting a 'Public Interest Test' (PIT).

Both absolute and qualified exemptions can be further divided into
class-based or prejudice-based exemptions.

Class-based exemptions are those in which it is assumed the disclosure of
information would result in harm. There is therefore no requirement to
demonstrate what that harm may be.

Prejudiced-based exemptions are those where firstly, it is necessary to
establish the nature of the prejudice/harm that may result from disclosure
and secondly, if prejudice/harm is not certain, to determine the
likelihood of it occurring.

Section 40(2)(a)(b) of the Act provides that any information to which a
request for information relates, is exempt information if the first
condition of Section 40(3)(a)(i) is satisfied. The In accordance with
Section 17 of the Act, I have applied the exemptions set out by Section
40(2)(a)(b) - (3)(a)(i) of this Act.

The first condition of Section 40(3)(a)(i) states that information is
exempt if its disclosure would contravene any of the data protection
principles.

The eight principles of the Data Protection Act 1998 (DPA) govern the way
in which data controllers must manage personal information. Principle one
of the DPA provides that personal data must be processed fairly and
lawfully. Having considering your request, I have redacted the names and
contact details of members of staff present within the requested document.
I have removed this information as there would be no expectation on behalf
of members of staff, that their names and/or contact details would be
released to the general public. Release would accordingly constitute
unfair processing of personal data under principle one of the DPA.

The provision to refuse access to information under Section 40(2)(a)(b)
and (3)(a)(i) of the Act is both absolute and class based. When this
exemption is applied, it is accepted that harm would result from
disclosure. There is accordingly no requirement to demonstrate what that
harm may be in refusing access to information.

The MPS will, where adverse information is received about a member of its
staff investigate to establish whether a breach of the standards of
behaviour for police officers has taken place. Where the conduct of our
officers is found to have fallen below the standards expected, the MPS
will take robust action to ensure that officers are appropriately
disciplined and that lessons are learnt from each case.

Any instance where the conduct of our staff is proven to have fallen below
the standards of behaviour expected is treated extremely seriously by the
MPS.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 0207 230 5192 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Carol Conway
Case Manager

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service 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 MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision 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 Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/