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Richard Taylor made this Freedom of Information request to Metropolitan Police Service (MPS)
Waiting for an internal review by Metropolitan Police Service (MPS) of their handling of this request.
From: Richard Taylor
10 November 2011
Dear Metropolitan Police Service (MPS),
This request relates to the class of weapons systems described
using terms including: Attenuating Energy Projectiles, Baton
Rounds, Kinetic Energy Devices, Sock Rounds, Bean Bags, Impact
Rounds and Rubber Bullets.
Could you please release.
1. The current inventory of such weapons/launchers and projectiles
currently held by the force, including any related accessories.
2. All applications for authorisation to deploy these weapons in
relation to public order / protest situations.
3. All authorisations for the deployment of these weapons in
relation to public order / protest situations.
4. All refusals of authorisation for the deployment of these
weapons in relation to public order / protest situations.
5. All announcements / notifications of pre-authorisation for the
deployment of the these weapons eg. to the public, protestors,
protest organisers, the Metropolitan police authority, Mayor of
London, ACPO, or ministers.
6. All correspondence with those consulted in relation to specific
applications for authorisation.
7. All reports made to the Home Secretary following the use of such
weapons in relation to public order situations.
8. The numbers of a) Authorised Firearms Officers and b) other
officers, trained to use the weapons.
9. The title, and date of revision, of the current primary guidance
document(s) governing the use of the weapons.
I am happy to limit my request to information from the last six
years.
--
Richard Taylor
Cambridge
http://www.rtaylor.co.uk
Metropolitan Police Service (MPS)
10 November 2011
Dear Mr. Taylor
Freedom of Information Request Reference No: 2011110001561
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 10/11/2011. I note you seek
access to the following information:
"This request relates to the class of weapons systems described using
terms including: Attenuating Energy Projectiles, Baton Rounds, Kinetic
Energy Devices, Sock Rounds, Bean Bags, Impact Rounds and Rubber Bullets.
Could you please release.
1. The current inventory of such weapons/launchers and projectiles
currently held by the force, including any related accessories.
2. All applications for authorisation to deploy these weapons in relation
to public order / protest situations.
3. All authorisations for the deployment of these weapons in relation to
public order / protest situations.
4. All refusals of authorisation for the deployment of these weapons in
relation to public order / protest situations.
5. All announcements / notifications of pre-authorisation for the
deployment of the these weapons eg. to the public, protestors, protest
organisers, the Metropolitan police authority, Mayor of London, ACPO, or
ministers.
6. All correspondence with those consulted in relation to specific
applications for authorisation.
7. All reports made to the Home Secretary following the use of such
weapons in relation to public order situations.
8. The numbers of a) Authorised Firearms Officers and b) other officers,
trained to use the weapons.
9. The title, and date of revision, of the current primary guidance
document(s) governing the use of the weapons. "
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 me at the above e-mail address, quoting the reference number
above.
Yours sincerely
R. Loizou
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
Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital 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).
Metropolitan Police Service (MPS)
28 November 2011
Dear Mr Taylor
Freedom of Information Request Reference No: 2011110001561
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 10/11/2011. I note you seek
access to the following information:
Regarding Attenuating Energy Projectiles, Baton Rounds, Kinetic Energy
Devices, Sock Rounds, Bean Bags, Impact Rounds and Rubber Bullets.
Could you please release :
1. The current inventory of such weapons/launchers and projectiles
currently held by the force, including any related accessories.
2. All applications for authorisation to deploy these weapons in
relation to public order / protest situations.
3. All authorisations for the deployment of these weapons in relation to
public order / protest situations.
4. All refusals of authorisation for the deployment of these weapons in
relation to public order / protest situations.
5. All announcements / notifications of pre-authorisation for the
deployment of the these weapons eg. to the public, protestors, protest
organisers, the Metropolitan police authority, Mayor of London,
ACPO, or ministers.
6. All correspondence with those consulted in relation to
specific applications for authorisation.
7. All reports made to the Home Secretary following the use
of such weapons in relation to public order situations.
8. The numbers of a) Authorised Firearms Officers and b)
other officers, trained to use the weapons.
9. The title, and date of revision, of the current primary
guidance document(s) governing the use of the weapons. .
Decision
I am sorry that to inform you that it is not possible to respond to your
request within the cost threshold.
We estimate that the cost of complying with this request would exceed the
appropriate limit. The appropriate limit has been specified in regulations
and for agencies outside central Government; this is set at £450.00. This
represents the estimated cost of one person spending 18 hours [at a rate
of £25 per hour] in determining whether the MPS holds the information, and
locating, retrieving and extracting the information.
Reason for decision
The information that you have requested would require a significant effort
to locate and extract. All the information that you have requested is held
in Storage Boxes and we would have to manually go through all relevant
boxes for all Public Order events for the last 6 years
Section 17(5) of the Act provides:
(5) A public authority which, in relation to any request for information,
is relying on a claim that section 12 or 14 applies must, within the time
for complying with section 1(1), give the applicant a notice stating that
fact.
Section 12 of the Act provides:
(1) Section 12(2) does not oblige a public authority to comply with a
request for information if the authority estimates that the cost of
complying with the request would exceed the appropriate limit.
Under Section 16 (duty to assist) we are required to offer you the
opportunity to redefine your request within the cost limit. You may be
able to get the information you require if you narrow down the request to
a specific event. If we do not hear from you by Monday, 12th December
2011 we will treat this request as withdrawn.
If you wish to discuss redefining your request, please contact me on 0207
230 3153
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 Yvette Taylor on telephone number 0207 230 3153 quoting the
reference number above.
Yours sincerely
Yvette Taylor
Information Manager
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
Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital 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).
From: Richard Taylor
30 November 2011
Dear Metropolitan Police Service (MPS),
Please pass this on to the person who conducts Freedom of
Information reviews.
I would like to request an internal review into the handling of my
Freedom of Information request: Your Ref: No: 2011110001561 on the
subject of Attenuating Energy Projectiles in London.
I note my refusal notice states: "All the information that you have
requested is held in Storage Boxes and we would have to manually go
through all relevant boxes for all Public Order events for the last
6 years ". I query this given that parts 1,8 and 9 of my request
refer to current information which I would not expect to have been
archived, and would therefore surely not require accessing of
records relating to each public order event in the last six years
to obtain.
In relation to manually going through all relevant boxes for all
public order events for the last 6 years could I suggest a more
intelligent and less plodding approach, perhaps making use of the
force's "institutional memory"* to guide a search. It may also be
that current training material, or other documents, include
information which would assist in directing your efforts.
I find it hard to believe, for example, that any reports made to
the Home Secretary following the use of such Attenuating Energy
Projectiles in London would only be recorded in archived files, and
would like the internal review to consider where else within the
force various aspects of the information I have requested may be
held.
I would like the force to respond with those pieces of information
relating to my request which it is able to provide rather than
rejecting my request as a whole.
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/at...
Regards,
--
Richard Taylor
Cambridge
http://www.rtaylor.co.uk
*http://en.wikipedia.org/wiki/Institution...
Metropolitan Police Service (MPS)
7 December 2011
Dear Mr Taylor
Freedom of Information Request Reference No: 2011120000140
I write in connection with your letter dated 30 November 2011 requesting
that the Metropolitan Police Service (MPS) review its response to your
request for information relating to:
* Original FOI case number 2011110001561
The review will be conducted in accordance with the MPS complaints
procedure. The MPS endeavour to respond to your complaint by 30 December
2011.
Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.
Thank you for your interest in the MPS.
Yours sincerely
Ms S. Strong
FOIA Policy Research & Complaints 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
Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital 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).
Metropolitan Police Service (MPS)
4 January 2012
Dear Mr Taylor,
Freedom of Information Request Reference No: 2011120000140
Further to our letter of 7 December 2011, I have unfortunately been unable
to meet the response time originally provided to you in relation to:
* Original FOI case number 2011110001561
I hope to complete your review no later than 30 January 2012. Should there
be any unforeseen delay, I will contact you and update you as soon as
possible.
I apologise for the delay, and thank you for your patience.
Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.
Thank you for your interest in the MPS.
Yours sincerely
Ms S. Strong
FOIA Complaints 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
Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital 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).
Metropolitan Police Service (MPS)
20 January 2012
Dear Mr Taylor,
Freedom of Information Request Reference No: 2011120000140
Further to our letter of 4 January 2012, I am now able to provide a
response to your complaint dated 30 November 2011 concerning:
* Original FOI case number 2011110001561
Original Request (dated 10/11/12)
This request relates to the class of weapons systems described using terms
including: Attenuating Energy Projectiles, Baton Rounds, Kinetic Energy
Devices, Sock Rounds, Bean Bags, Impact Rounds and Rubber Bullets. Please
release:
1. The current inventory of such weapons/launchers and projectiles
currently held by the force, including any related accessories.
2. All applications for authorisation to deploy these weapons in relation
to public order / protest situations.
3. All authorisations for the deployment of these weapons in relation to
public order / protest situations.
4. All refusals of authorisation for the deployment of these weapons in
relation to public order / protest situations.
5. All announcements / notifications of pre-authorisation for the
deployment of the these weapons e.g.. to the public, protestors,protest
organisers, the Metropolitan police authority, Mayor of London, ACPO, or
ministers.
6. All correspondence with those consulted in relation to specific
applications for authorisation.
7. All reports made to the Home Secretary following the use of such
weapons in relation to public order situations.
8. The numbers of a) Authorised Firearms Officers and b) other officers,
trained to use the weapons.
9. The title, and date of revision, of the current primary guidance
document(s) governing the use of the weapons.
I am happy to limit my request to information from the last six years.
DECISION
The Metropolitan Police Service (MPS) has completed its review and has
decided to:
* Uphold the original decision
REASON FOR DECISION
I would first like to take this opportunity to apologise for the delay to
your request and for any inconvenience caused.
The original response to your request explained that the MPS could not
comply with your request as it would require a significant effort to
locate and extract information pertinent to your request. Your request was
therefore refused under the Act by virtue of Section 12(2)(Cost exceeds
appropriate limit).
The original response explained that all the information you have
requested is held in storage boxes and the MPS would have to manually
search through all relevant boxes for all Public Order events in the last
6 years to be able to retrieve all information pertinent to your request.
I have reviewed your request and have made enquiries within CO11 (Public
Order) and CO19 (Specialist Firearms Command) to assist with answering
your request. I find that you are indeed correct to query whether all
information requested would be contained within storage boxes. My research
has found this to not be the case, particularly in respect of question
one, eight and nine. I do apologise for the confusion caused by this
explanation and hope that my response will go some way to assist you with
your queries.
On careful review of your request, the MPS is not required to confirm or
deny whether the information you have requested in full is held, as the
estimated cost of doing so would still exceed the appropriate 18 hour
limit. This is particularly so in consideration of question two to seven.
I hope the following explanation will explain why we are required to
refuse your request in full by virtue of Section 12(2).
Section 12 explanation in respect of question two to seven
To provide some understanding as to why it would exceed 18 hours to comply
with your request, it is important to take into account the MPS deals with
more than 4500 public order events a year.
CO11 on average deal with about half of these events centrally, the
remaining events are managed locally by individual Boroughs. There are 32
Boroughs in the Metropolitan Police District. Each Borough has at least
three police stations. To ensure a thorough search is conducted for held
information in respect of Borough led events alone, it would require
separately contacting all 32 Boroughs to ascertain whether any officers
had locally sought out the authority you request. Additionally, dozens of
Specialist Support Departments and other Business Groups would also need
to be contacted, to ensure a thorough search is conducted. To give each
Borough (not including Specialist Support Departments and other Business
Groups) only 60 minutes to try and retrieve/locate information that would
answer questions two to seven would take at least 32 hours. This is not
including central searches in respect of events led by CO11 alone.
Fees Regulations
The Freedom of Information and Data Protection (Appropriate Limit and
Fees) Regulations 2004 prescribe the 'appropriate limit' as being £450 for
public authorities which are not part of central government, with staff
costs calculated at a rate of £25 per hour. In order to avoid exceeding
the fees limit the MPS would need to be able to determine whether it holds
the information and if necessary complete the location, retrieval and
extraction of the requested information within 18 hours of staff time.
We estimate that the cost of complying with this request would exceed the
appropriate limit in ascertaining whether information pertinent to your
request is held. This letter is therefore to inform you that it would not
be possible to respond to your request in full within the cost threshold.
In accordance with the Freedom of Information Act 2000, this letter acts
as a Refusal Notice.
As indicated in the Fees regulations, where a reasonable estimate has been
made that the appropriate limit would be exceeded, there is no requirement
for a public authority to undertake work up to the limit. Therefore due to
the linked subject matter of your requests, as one question within the
request exceeds the appropriate cost limit, the MPS is not required to
comply with the remaining questions.
I additionally refer to a decision notice (please see link within the
Legal Annex) issued to National Savings and Investments. Within this
notice the Information Commissioner’s Office (ICO) refer to 'Advice and
Assistance and Fees' of the section 45 Code of Practice. It was
highlighted that the public authority needed only to consider "providing
an indication of what, if any, information could be provided within the
cost ceiling. It was ruled that "the authority should also consider
advising the applicant that by reforming or re-focusing their request,
information may be able to be supplied for a lower, or no, fee."
The ICO found that "where the appropriate limit is exceeded the public
authority should advise the applicant what information could be provided
within the cost limit. In this way the applicant has the chance to choose
what element of the request he wants to focus on.” In consideration of
these points, I will now try to assist you under Section 16 of the Act.
Additional advice and assistance
Under section 16 of the Act, the MPS is required to provide you with
additional advice and assistance in informing you of a possible way to
refine or narrow your request to ensure it could be conducted within the
18 hour threshold.
To assist you with narrowing your request so that it is less likely to
need to be refused on cost grounds, I would advise you to narrow your
request to question one, seven, eight and nine only.
Please note that whilst it may not exceed 18 hours to extract, retrieve or
collate the answers to information held in respect of those four
questions, it could be the case that other exemptions may apply, on
retrieval of any information located.
Additionally, it may be helpful to note that authorisation to deploy
Kestrel units (in respect of baton guns) at specific events is given by
the ACCO (Assistant Commissioner Central Operations). Therefore to assist
you with narrowing a future request, you could ask for the number of
applications received by ACCO (both refused and accepted) for authorising
the use of baton guns at Public Order Protests This will go some way to
assist you with questions two, three and four.
To assist you further I provide you a link to the current ACPO
(Association Of Chief Police Officers) ‘Keeping the Peace’ manual of
guidance. This document highlights resources that are available for use by
any UK Constabulary at public order events, which I hope you will find of
interest. Page 95 provides information in relation to current tactical ad
resources applicable to the planning and deployment of public order
policing.
http://www.acpo.police.uk/documents/unif...
To assist you further in respect of question nine, I refer you to the
following current primary guidance document which governs the use of AEP
(Attenuating Energy Projectile) weaponry.
http://www.westmercia.police.uk/about-us...
COMPLAINT RIGHTS
If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.
Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.
Yours sincerely
Sarah Strong
FOIA Policy Research & Complaints Officer
Legal Annex
The Freedom of Information and Data Protection (Appropriate Limit and
Fees) Regulations 2004
http://www.legislation.gov.uk/uksi/2004/...
http://www.legislation.gov.uk/uksi/2004/...
ICO Decision Notice (FS50194062) - National Savings and Investment
http://www.ico.gov.uk/upload/documents/d...
Section 1(1)(a)(2)(3) (General right of Access) of the Act provides:
1 General right of access to information held by public authorities.
(1)Any person making a request for information to a public authority is
entitled—
(a)to be informed in writing by the public authority whether it holds
information of the description specified in the request, and
(b)if that is the case, to have that information communicated to him.
(2)Subsection (1) has effect subject to the following provisions of this
section and to the provisions of sections 2, 9, 12 and 14.
(3)Where a public authority—
(a)reasonably requires further information in order to identify and locate
the information requested, and
(b)has informed the applicant of that requirement,
the authority is not obliged to comply with subsection (1) unless it is
supplied with that further information.
Section 17(5) (Refusal of a Request) of the Act provides:
(5)A public authority which, in relation to any request for information,
is relying on a claim that section 12 or 14 applies must, within the time
for complying with section 1(1), give the applicant a notice stating that
fact.
Section 12(2)(Cost exceeds appropriate limit) of the Act provides:
(2)Subsection (1) does not exempt the public authority from its obligation
to comply with paragraph (a) of section 1(1) unless the estimated cost of
complying with that paragraph alone would exceed the appropriate limit.
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
Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital 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).
From: Richard Taylor
1 February 2012
Dear Metropolitan Police Service (MPS),
Re: FOI Internal Review No: 2011120000140
Original FOI Case No: 2011110001561
The internal review response provided indicates that the search
strategy originally used in relation to the elements of my request
in relation to authorisations to deploy Attenuating Energy
Projectiles in public order / protest situations was irrational.
As such applications are received by ACCO (Assistant Commissioner
Central Operations) the search could, and in my view should, have
been focused there, rather than within all the individual boroughs
and departments from which applications may have originated. It is
only by adopting an irrational search strategy that the
Metropolitan Police Service appears to have been able to justify
rejecting this element of my request on cost grounds.
I would therefore like parts 2,3, and 4 of my request to be
re-considered in light of the internal review findings.
Additionally, I would like to request that parts 1,7 and 8 are also
considered in light of the implication provided in the internal
review response that these elements may be answerable within the
cost limits.
Regards,
--
Richard Taylor
Cambridge
http://www.rtaylor.co.uk
Metropolitan Police Service (MPS)
2 February 2012
Dear Mr Taylor
Freedom of Information Request Reference No: 2012020000271
I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 01/02/2012. I note
you seek access to the following information:
"Dear Metropolitan Police Service (MPS),
Re: FOI Internal Review No: 2011120000140
Original FOI Case No: 2011110001561
The internal review response provided indicates that the search strategy
originally used in relation to the elements of my request in relation to
authorisations to deploy Attenuating Energy Projectiles in public order /
protest situations was irrational.
As such applications are received by ACCO (Assistant Commissioner Central
Operations) the search could, and in my view should, have been focused
there, rather than within all the individual boroughs and departments
from which applications may have originated. It is only by adopting an
irrational search strategy that the Metropolitan Police Service appears to
have been able to justify rejecting this element of my request on cost
grounds.
I would therefore like parts 2,3, and 4 of my request to be re-considered
in light of the internal review findings.
Additionally, I would like to request that parts 1,7 and 8 are also
considered in light of the implication provided in the internal review
response that these elements may be answerable within the cost limits.
Questions below;
2. All applications for authorisation to deploy these weapons in relation
to public order / protest situations.
3. All authorisations for the deployment of these weapons in relation to
public order / protest situations.
4. All refusals of authorisation for the deployment of these weapons in
relation to public order / protest situations.
1. The current inventory of such weapons/launchers and projectiles
currently held by the force, including any related accessories.
7. All reports made to the Home Secretary following the use of such
weapons in relation to public order situations.
8. The numbers of a) Authorised Firearms Officers and b) other officers,
trained to use the weapons. "
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 Peter Deja on telephone number 02071613640 quoting the
reference number above.
Yours sincerely
Peter Deja
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
Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital 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).
Metropolitan Police Service (MPS)
16 February 2012
Dear Mr Taylor
Freedom of Information Act Request Reference No: 2012020000271
I write in connection with your request for information dated which was
received by the Metropolitan Police Service (MPS) on 01/02/2012. You
original request related to the following weapons:
Attenuating Energy Projectiles (AEP)
Baton Rounds
Kinetic Energy Devices
Sock Rounds
Impact Rounds and
Rubber Bullets
To enable the MPS to meet your request could you please provide this
office with further information. I have provided some guidance that may
assist you to more clearly describe the information you require:
In relation to Central Operations Command, you have asked for:
'All applications for authorisation to deploy these weapons in relation
to public order / protest situations. '
'All authorisations for the deployment of these weapons in relation to
public order / protest situations. '
'All refusals of authorisation for the deployment of these weapons in
relation to public order / protest situations.
'All reports made to the Home Secretary following the use of such weapons
in relation to public order situations. '
The MPS deals with more than 4500 public order events a year and Central
Operations Command deals with about half of these events. You do not
appear to have specified a time frame for your request and as your request
currently stands, it is likely that it would still be subject to a cost
exemption. I would be grateful if you would provide me with a time frame
for your request.
You have also asked for:
'The numbers of a) Authorised Firearms Officers and b) other officers,
trained to use the weapons. '
Please could you advise if you require the current numbers of officers
trained to use the weapons you have listed or if you require the number at
a specific point in time.
Please could you also confirm if your request relates to all the weapons
listed above or if your request is now limited to AEPs
Please note that I cannot confirm at this stage if the information
requested exists or not, however if it does, there is a possibility that
it may or may not be subject to exemptions under the Freedom of
Information Act.
After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory timescale of
20 working days, subject to the information not being exempt or containing
a reference to a third party.
However, if the requested additional information has not been received by
14th March 2012 I will assume you no longer wish to proceed with this
request and will treat it as withdrawn.
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 Yvette Taylor on telephone number 0207 230 3153 quoting the
reference number above.
Yours sincerely,
Yvette Taylor
Information Manager
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
Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital 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).
From: Richard Taylor
16 February 2012
Dear Metropolitan Police Service (MPS),
I am writing in respect of my Freedom of Information request dated
10 November 2011 which you have now allocated three reference
numbers:
Original FOI Case Number : 2011110001561
Internal Review Number : 2011120000140
New FOI Case Number : 2012020000271
It is my view that these refer to the same request for information
and ought be considered as a whole.
You have stated: "I would be grateful if you would provide me with
a time frame for your request." I have not limited my request to a
particular time period as I am not anticipating the number of
applications to use Attenuating Energy Projectiles in London to be
so large as to prevent my response from covering all information
held while remaining within the FOI cost limits (assuming a
rational search strategy is adopted to locate the information
requested).
You have stated: "The MPS deals with more than 4500 public order
events a year and Central Operations Command deals with about half
of these events."
The relevance of that statement to my request is not obvious to me.
I have already been informed, via the response to my internal
review request, that "authorisation to deploy Kestrel units (in
respect of baton guns) at specific events is given by the ACCO
(Assistant Commissioner Central Operations)", I have noted that
comment and in light of it the suggested the search for the
information I requested ought be focused on the office of the
Assistant Commissioner Central Operations.
You have stated: "Please could you advise if you require the
current numbers of officers trained to use the weapons you have
listed or if you require the number at a specific point in time."
I do not mind if you release the number for the date of my initial
request, or the date on which you retrieve the information. What I
expect following an FOI request is information held which comes
within the scope of the request to be released. If a "live" figure
is not currently recorded, I would expect to be provided the latest
figure included in, for example, a relevant management report.
You have stated: "Please could you also confirm if your request
relates to all the weapons listed above or if your request is now
limited to AEPs"
My original request states it referred to: "the class of weapons
systems described using terms including: Attenuating Energy
Projectiles, Baton Rounds, Kinetic Energy Devices, Sock Rounds,
Bean Bags, Impact Rounds and Rubber Bullets". I have at no point
sought to narrow the range of weapons to which my request refers.
Regards,
--
Richard Taylor
Cambridge
http://www.rtaylor.co.uk
Metropolitan Police Service (MPS)
21 February 2012
Dear Mr Taylor [FOI #92772 email]
Freedom of Information Act Request Reference No: 2012020000271
I write with reference to your Freedom of Information request regarding
Attenuating Energy Projectiles, Baton Rounds, Kinetic Energy Devices, Sock
Rounds, Bean Bags, Impact Rounds and Rubber Bullets.
Thank you for the reply you sent me on 16th February 2012 in response to
my E mail of the same date.
You have confirmed that your questions relate to all the weapons listed
above.
You previously redefined your original request, in the main, to
information held by MPS Central Operations Command in relation to
applications, authorisations and refusals for the use of the above weapons
received by the Assistant Commissioner Central Operations Command.
I asked you to provide me with a time frame within which I can search for
the requested information. You have stated that you are 'not anticipating
the number of applications to use Attenuating Energy Projectiles in London
to be so large as to prevent my response from covering all information
held while remaining within the FOI cost limits (assuming a rational
search strategy is adopted to locate the information requested).'
The Freedom of Information Act 2000 creates a statutory right of access to
information held by public authorities. A public authority in receipt of a
request must, if permitted, state under Section 1(a) of the Act, whether
it holds the requested information and, if held, then communicate that
information to the applicant under Section 1(b) of the Act.
A request made under the Freedom of Information Act must clearly describe
the information being sought.
I am obliged under the Freedom of Information Act to search for all
information relevant to your request. I am unable to do so without a
defined search parameter for the request.
Therefore, as previously requested, please could you provide me with a
specific timeframe.
Thank you in advance for your assistance with this matter. However, if the
requested additional information has not been received by Monday, 19th
March 2012, I will assume you no longer wish to proceed with this request
and will treat it as withdrawn.
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 Yvette Taylor on telephone number 0207 230 3153 quoting the
reference number above.
Yours sincerely,
Yvette Taylor
Information Manager
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
Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital 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).
From: Richard Taylor
22 February 2012
Dear Metropolitan Police Service (MPS),
I am writing in respect of my Freedom of Information request dated
10 November 2011 which you have now allocated three reference
numbers:
Original FOI Case Number : 2011110001561
Internal Review Number : 2011120000140
New FOI Case Number : 2012020000271
Your latest correspondence, dated 21 February 2012, has suggested
that my FOI request is invalid on the grounds my request is not
limited to records relating to a specific period of time.
Section 8 of the Freedom of Information Act contains the required
attributes of a valid FOI request and a specified time period of
interest is not one of them.
I do not wish to restrict my request.
--
Richard Taylor
Cambridge
http://www.rtaylor.co.uk
Metropolitan Police Service (MPS)
29 February 2012
Dear Mr. Taylor
Freedom of Information Request Reference No: 2012020000271
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 01/02/2012. I note you seek
access to the following information:
“Dear Metropolitan Police Service (MPS)
Re: FOI Internal Review No: 2011120000140
Original FOI Case No: 2011110001561
The internal review response provided indicates that the search strategy
originally used in relation to the elements of my request in relation to
authorisations to deploy Attenuating Energy Projectiles in public order /
protest situations was irrational. As such applications are received by
ACCO (Assistant Commissioner Central Operations) the search could, and in
my view should, have been focused there, rather than within all the
individual boroughs and departments from which applications may have
originated. It is
only by adopting an irrational search strategy that the Metropolitan
Police Service appears to have been able to justify rejecting this element
of my request on cost grounds. I would therefore like parts 2,3, and 4 of
my request to be re-considered in light of the internal review findings.
Additionally, I would like to request that parts 1,7 and 8 are also
considered in light of the implication provided in the internal review
response that these elements may be answerable within the cost limits.
Questions below;
2. All applications for authorisation to deploy these weapons in relation
to public order / protest situations.
3. All authorisations for the deployment of these weapons in relation to
public order / protest situations.
4. All refusals of authorisation for the deployment of these weapons in
relation to public order / protest situations.
1. The current inventory of such weapons/launchers and projectiles
currently held by the force, including any related accessories.
7. All reports made to the Home Secretary following the use of such
weapons in relation to public order situations.
8. The numbers of a) Authorised Firearms Officers and b) other officers,
trained to use the weapons.”
You previously made a Freedom Information Request which was received by
the MPS on 10th November 2011. Our reference 2011110001561 refers. You
asked for the information detailed above but asked for all applications,
authorisations, refusals etc related to the above weapons. You were
advised that it was not possible to respond to your request within the
cost threshold. You appealed the decision but the original decision was
upheld. However, learning was identified as it was highlighted that the
information provided to you regarding why your request exceeded costs was
not wholly accurate in respect of some of the current information held by
the MPS and that you should have been assisted with redefining your
request.
You redefined your original request, in the main, to information held by
MPS Central Operations Command. You asked for applications, authorisations
and refusals for the use of the above weapons received by the Assistant
Commissioner of Central Operations Command.
On 16th February 2012, I wrote to you to ask you to provide a timeframe
for your request as Central Operations Command deal with a vast number of
public order events per year and it would have to be determined which of
these events baton gunners etc were considered as a tactical option .
You responded on the same date and stated that you had not limited your
request to a specific time frame as you considered that the number of
applications would not be enough to cause your request to go beyond the
cost threshold.
Even though you anticipated that there would not be enough authorisations
to bring your request above the cost threshold, I pointed out to you on
21st February 2012 that I was attempting to assist you by advising that a
time frame was needed because without it, I would have to search for all
information relevant to your request in order to comply with the Freedom
of Information Act.
You responded by E mail on 22nd February 2012 and stated that you did not
want to restrict your request as you considered that your request was
clearly defined.
DECISION
This letter is to inform you that it will not be possible to respond to
your request within the cost threshold.
We estimate that the cost of complying with this request would exceed the
appropriate limit. The appropriate limit has been specified in regulations
and for agencies outside central Government; this is set at £450.00. This
represents the estimated cost of one person spending 18 hours [at a rate
of £25 per hour] in determining whether the MPS holds the information, and
locating, retrieving and extracting the information.
Once part of the request goes over cost, the whole request is exempt by
virtue of section 12 and there is no obligation to answer any part of the
request. Therefore, In accordance with the Freedom of Information Act
2000, this letter acts as a Refusal Notice for the whole of your request
under Section 12 (2) (See ICO decision notice in Legal Annex).
REASONS FOR DECISION
Although you have anticipated that there will not be many authorisations
for the weapons you have listed, the information you have requested is not
held in an easily retrievable format. It would require a significant
effort to locate and extract information that may or may not be available.
Having made enquiries with various members of staff from Central
Operations Command, I have established that the information you require is
not held on a central database though it may be held locally and I
estimate that the FOIA cost threshold would be exceeded on the basis of
the time needed to conduct the searches outlined below:
You have requested all applications for authorisation to deploy the
weapons you have listed. I am duty bound to retrieve all information that
is relevant to this request. By failing to provide me with a start date
from which I can conduct a search means that I will have to search back to
when the weapons you have listed were first authorised as tactical option
by the MPS in order to retrieve all the information relevant to your
request.
The authority to make AEPs available for operational purposes is made by
officers of Commander level and above. AEPs would only be considered for
use when:
All conventional methods of policing have been tried and have failed or,
because of the circumstances, are unlikely to succeed if tried.
In situations of serious disorder, where there is the potential for loss
of life, serious injury or widespread destruction and whether such action
is likely to reduce that risk.
In June 2005, AEP was authorised for operational use in the MPS.
http://ripassetseu.s3.amazonaws.com/www....
Between 2005 and 2012, there have been 5 commissioners and 4 deputy
commissioner. Each deputy commissioner has at least 3 commanders in
Central Operations Command. To comply with your request for all
applications for authorisation in question 2, I would have to contact each
of those individuals and ask them to provide me with details of all
applications for authorisation of the said weapons which they dealt with
whilst in post. If I allowed each of these 21 people an hour to provide me
with the requested information not only would it put the request above the
cost limit, it would also be very difficult to obtain an accurate result
as many of the individuals have retired or left the MPS.
An alternative and more accurate way of obtaining the information would be
to retrieve and look through the operation orders of Central Operations
Command from 2005 to 2012 for applications relevant to your request. As I
have previously mentioned, this information is not recorded on a central
database and therefore would mean looking through archived documents for
the information requested. There are approximately 4500 public order
events per year and Central Operations Command deals with about half of
these. To provide you with the information requested would mean doing a
manual check for the applications and could involve looking through the
documents for in excess of 2000 events for each year to establish whether
information relevant to your request was held.
Section 16 (duty to assist)
We are required to offer you the opportunity to redefine your request
within the cost limit.
Your request asks for a vast amount of information which would not be held
centrally and would require a disproportionate amount of work just to
establish whether information that may be relevant was held.
If you were to narrow your questions to particular events within a
specified period, I may be able to assist. However, please note that some
of the information requested may be subject to exemptions under the
Freedom of Information Act because if disclosed could identify the
methodology used when specific tactical options are considered by the MPS.
Specifically, disclosure of some of the information requested would
identify the types of events that the MPS has considered weapons such as
AEPs, as a tactical option.
Some of the information you have requested has been previously published.
At a meeting of the Metropolitan Police Authority on 24th November 2011,
Commissioner Hogan-Howe said that the MPS " During the last year we have
actually authorised the movement of rubber bullets I think it is on 22
days because it is a reasonable preparation if we expect there may be some
risk of a problem.”
Below is an internet link to the transcript of the MPA meeting. The quote
above can be found on page 24.
http://www.mpa.gov.uk/downloads/committe...
Details of some other authorisations have been publicised in the media. I
found the following links doing an internet search on the terms ˜rubber
bullets" and ˜baton gunners":
http://www.guardian.co.uk/uk/2011/nov/07...
http://www.politics.co.uk/news/2011/11/0...
http://www.telegraph.co.uk/news/uknews/l...
http://www.london-student.net/breaking-n...
http://www.politics.co.uk/news/2011/08/0...
http://www.channel4.com/news/students-sa...
http://www.carolinelucas.com/assets/file...
Information relevant to your request can also be found in previous Freedom
of Information requests on the MPS website and by conducting internet
searches. An example of one such FOI response can be found below. The
response contains links relevant to your request.
http://www.met.police.uk/foi/pdfs/disclo...
Legal Annex
Section 12 (2)
Subsection (1) does not exempt the public authority from its obligation to
comply with paragraph (a) of section 1(1) unless the estimated cost of
complying with that paragraph alone would exceed the appropriate limit.
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.
Section 17(5) of the Act provides:
(5) A public authority which, in relation to any request for information,
is relying on a claim that section 12 or 14 applies must, within the time
for complying with section 1(1), give the applicant a notice stating that
fact.
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 3153 or at the address at the top of this letter,
quoting the reference number above.
Yours sincerely
Yvette Taylor
Information Manager
Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.
Consider our environment - please do not print this email unless
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notify the sender and delete it from your system. To avoid incurring
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Richard Taylor left an annotation ( 4 March 2012)
Following this refusal, I'm left wondering: if Commissioner Hogan-Howe is able to tell his Police Authority that authorisations have been given 22 times in the last year, where did he get that information from?
Mr Hogan-Howe's statement appears to indicate the information I'm seeking is in-fact indexed and there is a record of at least when authorisations were given.
Richard Taylor left an annotation (17 March 2012)
The Independent is today reporting the figure mentioned above, that rubber bullets had been authorised for use in London 22 times in the past two years.
http://www.independent.co.uk/news/uk/cri...
The report states: "details of the incidents would only be given under conditions of secrecy because, if made public, they could compromise future operations."
The articles appears to be based on the following question and answer:
Authorisation of the use of rubber bullets
Question No: 424 / 2012
Dee Doocey
At the the Metropolitan Police Authority on 24 November 2011, the Commissioner said: “During the last year we have actually authorised the movement of rubber bullets...on 22 days.” Can you please give the specific days during both 2010 and 2011 that the movement and/or use of rubber bullets was actually authorised?
Written response from the Mayor
The MPS Commissioner has advised me that this is sensitive information that could, if made public, compromise future policing operations. I am sure that we could arrange a confidential briefing
Source p27 of the PDF at:
http://www.london.gov.uk/moderngov/mgCon...
Part of the minutes of the 22 February 2012 Mayor's question time (Published as part of the papers for the Wednesday 14 March 2012 Mayor's question time)
There is also a Daily Mail article, it adds that Dee Doocey is arguing that the dates of the authorisations ought be released:
http://www.dailymail.co.uk/news/article-...
The Daily Mail article is garbled in places, for example it refers to "22 rounds" rather than 22 occasions on which authorisation for deployment was approved.
From: Richard Taylor
17 March 2012
Original FOI Case Number : 2011110001561
Internal Review Number : 2011120000140
New FOI Case Number : 2012020000271
I would like to request an internal review into the response to my
FOI request, case number 2012020000271 on the subject of
Attenuating Energy Projectiles in London.
My own view is that this "request" is a continuation of the
correspondence on my initial FOI request number 2011110001561 and
that an internal review has already been conducted (case
2012020000271). However as the Met Police have allocated a separate
reference number to my latter correspondence I would like to ensure
that the Met Police's internal procedures for considering this
request have been exhausted.
My contention is that the fact Commissioner Hogan-Howe was able to
tell his Police Authority on the 24th November 2011 that
authorisations had been given 22 times in a year indicates that
records of authorisations are in fact kept and therefore there is
no need to conduct the costly search which has been used to justify
the refusal of my request.
I also note that the Mayor of London, in reply to a written
question from Greater London Authority member Dee Doocey asking for
dates of authorisations, suggested such records were held. The
answer suggested details were being withheld from the public but
could be provided to Dee Doocey in a confidential briefing. The
written question was associated with the 22 February 2012 Mayor's
question time and assigned reference number 424 / 2012.
A full history of my FOI request including all correspondence, and
supporting references for the above statements, is available on the
Internet at this address:
http://www.whatdotheyknow.com/request/at...
--
Richard Taylor
Cambridge
http://www.rtaylor.co.uk
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Make and explore Freedom of Information requests





Richard Taylor left an annotation ( 2 February 2012)
The Home Office -
http://www.whatdotheyknow.com/request/at...
The Greater London Authority -
http://www.whatdotheyknow.com/request/at...
Link to this