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Can a member of public see Police officers employment records ?
david made this Freedom of Information request to West Midlands Police
The request was partially successful.
From: david
5 September 2010
Dear West Midlands Police,
Can a member of of public request to see if a police officer or
pcso even a copy of thier records ?
When i first mention the police officer to see when they was
appointed to become a police officer and the date they took the
atterstation .
Also in relation to the atterstation is this signed by anybody
inparticular ?
And if so in relation to if this is signed who is the name of that
person .
are police officers generally elected by people and if so is this
by some law and if so what law please .
Yours faithfully,
david
From: b_foi
West Midlands Police
6 September 2010
Dear David
FREEDOM OF INFORMATION ACT 2000
Thank you for your request for information, received 6th September 2010.
Your request is being considered and you will receive a response within
the statutory timescale of 20 working days, as defined by the Act, subject
to the application of any statutory exemptions. Where consideration is
being given to the application of any exemptions the 20 working day
timescale may be extended under the terms of the Act to a period
considered reasonable depending on the nature and circumstances of your
request. In such cases you will be notified and, where possible, a revised
time-scale will be indicated. In all cases we shall attempt to deal with
your request at the earliest opportunity.
There may be a fee payable for the retrieval, collation and provision of
the information requested, where the request exceeds the statutory limit.
In such cases you will be informed in writing and the 20 working day
timescale will be suspended until we receive payment from you or your
request is modified and /or reduced. If you chose not to make full payment
or modify your request then the request will remain unanswered.
Your request may require either full or partial transfer to another public
authority. You will be informed if your request is transferred.
Yours sincerely,
Freedom of Information Unit
From: b_foi
West Midlands Police
30 September 2010
Dear David
FREEDOM OF INFORMATION ACT 2000
Thank you for your request for information, received 05 September 2010
concerning Police Officers. This request is being handled under the
Freedom of Information Act 2000.
I am writing to ask you to clarify your request. This is because I am not
certain that we have understood your request correctly.
The attestation declaration sworn by all officers is witnessed by the
Chief Constable and by a serving Justice of the Peace. The latter signs a
copy of the declaration which is placed on the officer*s personal file. A
copy of the attestation is attached for information (3866_ans_01.pdf).
Whether a member of the public can see the date that any particular
officer was sworn in depends entirely upon the circumstances.
Police officers are not elected, but are selected through a recruitment
process. This process is outlined here:
[1]http://www.policecouldyou.co.uk/index.php
The conduct of those officers is largely dictated by The Police and
Criminal Evidence Act. Please see:
[2]http://www.homeoffice.gov.uk/police/powers
From the nature of your email it appears that you have had involvement
with West Midlands Police and that this matter has may not have been
resolved. I would suggest that, if this is the case, The Freedom of
Information Act is not the most appropriate procedure for you to utilise.
It may be more advantageous for you to approach the police station or LPU
that dealt with the issue in order to resolve it. Alternatively if you
feel that someone is impersonating a police officer please report this
immediately.
If you require further recorded information that is held by West Midlands
Police please outline what information you require. After receiving your
reply, your request will be considered and you will receive a response
within the statutory timescale of 20 working days, as defined by the Act,
subject to the application of any statutory exemptions. If you chose not
to respond then your request will remain unanswered.
If you wish to clarify or resubmit a request please note that Section 8 of
the Freedom of Information (FOI) Act indicates that the real name of the
applicant should be used when requesting information. I note that you have
not used your full name. Therefore in order for us to treat any subsequent
request under the terms of the FOI Act, please supply your full name.
Yours sincerely,
Carl Bird
Freedom of Information Unit
show quoted sections
From: david
2 October 2010
Dear b_foi,
Thank you for your reply
I would like to clarfiy the below comments you have stated
''The attestation declaration sworn by all officers is witnessed by
the ,Chief Constable and by a serving Justice of the Peace. officer
was sworn in depends entirely upon the circumstances.
Police officers are not elected, but are selected through a
recruitment
process.''
so for the attestation is the chief constable is actually present
for this ceremony ?
So a justice for the peace would i be right in stating this to be
known as a Judge ?
1) How often is officers attestation process held ?
2) Where is this process held ?
3) Can members of public watch it ?
4) Can Public record it ?
5) Does The Judge then have the correct authority to acknodledge
this process ?
6) Does The Chief Constable have a attestation sworn authority to
have the authority to be in the position he is in ?
You then mention about officers being sworn in certain
circumstances .
7) Would you be more specific why only in specfic circumstances and
not all ?
Yours sincerely,
8 ) Officers personal file can a member of public see the correct
signed document is on the officers file ?
As you have seemed to have failed my last request for this .
Thank you
david
From: b_foi
West Midlands Police
5 October 2010
Dear David
FREEDOM OF INFORMATION ACT 2000
Thank you for your request for information, received 4th October
2010 concerning declaration sworn by officers etc.
Your request is being considered and you will receive a response within
the statutory timescale of 20 working days, as defined by the Act, subject
to the application of any statutory exemptions. Where consideration is
being given to the application of any exemptions the 20 working day
timescale may be extended under the terms of the Act to a period
considered reasonable depending on the nature and circumstances of your
request. In such cases you will be notified and, where possible, a revised
time-scale will be indicated. In all cases we shall attempt to deal with
your request at the earliest opportunity.
There may be a fee payable for the retrieval, collation and provision of
the information requested, where the request exceeds the statutory limit.
In such cases you will be informed in writing and the 20 working day
timescale will be suspended until we receive payment from you or your
request is modified and /or reduced. If you chose not to make full payment
or modify your request then the request will remain unanswered.
Your request may require either full or partial transfer to another public
authority. You will be informed if your request is transferred.
Yours sincerely,
Freedom of Information Unit
From: b_foi
West Midlands Police
26 October 2010
Dear David
FREEDOM OF INFORMATION ACT 2000
Your request for information, received 02 October 2010 has now been
considered.
Your email is being treated as a new request, rather than a request for
Internal Review, as you seem to have misunderstood my previous response.
You also ask a number of new questions. Please find attached a response to
each of your specific requests.
The quotation you use in your request is an edited version and therefore
does not convey the full meaning of my original response. At no point in
my response do I say *officer was sworn in depends entirely upon the
circumstances*. My response stated:
*Whether a member of the public can see the date that any particular
officer was sworn in depends entirely upon the circumstances.*
This has an entirely different meaning.
Officers are always sworn in. Whether a member of the public can be
provided with the date that this happened for any particular officer
depends entirely upon the circumstances of the request.
As previously I refer you the ICO Guidance on *valid request - name and
address for correspondence*, which can be downloaded at:
[1]http://www.ico.gov.uk/tools_and_resource...
Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure (attached). Please note
that such an appeal must be received within six months of the date of this
correspondence.
If you require any further information, then please do not hesitate to
contact me.
Yours sincerely,
Carl Bird
Freedom of Information Unit
show quoted sections
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