Complaint Statistics

Dear Mr. Mercer

Freedom of Information Request Reference No: 2010010004692
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 25/01/2010. I note you seek
access to the following information:

* "what is the average time for your complaints department to deal with
a complaint from the making to their report
* what is the breakdown of complaints by race for 2009
* how many complaints were made in 2009
* how many complaints were made by someone who had complained before ."

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
contact me at the above e-mail address, quoting the reference number
above.

Yours sincerely

R. Loizou
Administrative 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 and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 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

show quoted sections

Dear Mr Mercer,
Freedom of Information Request Reference No: 2010010004692
I write in connection with your request for information that was received
by the Metropolitan Police Service (MPS) on 25 January 2010. I note that
you seek access to the following information:

1. What is the average time for your complaints department to deal with a
complaint from the making to their report.

2. What is the breakdown of complaints by race for 2009.

3. How many complaints were made in 2009.

4. How many complaints were made by someone who had complained before.

This is to inform you that I cannot identify specific records that will
satisfy your request based on the details you have provided. To enable
the MPS to meet your request could you please confirm whether, in relation
to your second question, you request information about:

a. A breakdown of those that have complained against police by race?

or

b. A breakdown of the complaints by race. For example, the number of
complaints that alleged racial discrimination?

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
28 April 2010, I will assume that 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 me on telephone number 0207 230 5204 quoting the reference
number above.

Yours sincerely,

Damion Baird
Information Manager
Directorate of Professional Standards
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 and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 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

show quoted sections

Dear Mr Mercer

Freedom of Information Request Reference No: 2010020005109

Further to our letter of 28 January 2010, I am now able to provide a
response to your complaint dated 23 February 2010 concerning:

· FOIA complaint on existing case - 2010010004692.

Your original request:

what is the average time for your complaints department to deal with a
complaint from the making to their report

what is the breakdown of complaints by race for 2009

how many complaints were made in 2009

how many complaints were made by someone who had complained before

Your request for an Internal review:

In your email you raise the following procedural complaint 'by law, the
authority should have responded promptly and by 22 February 2010 but has
failed to do so i ask for an internal review'

1. DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided that correct procedure was followed in determining the original
decision.

2. REASON FOR DECISION

Please see the legal annex for the sections of the Act that are referred
to in this letter

In accordance with The Code of Practice (Freedom Of Information Act 2000,
section 45), I would like to advise you that this complaint process
provides a fair and thorough review of handling issues and of decisions
taken in pursuant to the Act, including decisions taken about where the
public interest lies in respect of exempt information. It
should enable a fresh decision to be taken on a reconsideration of all the
factors relevant to the issue.

3. TIME LIMITS

3.1 Section 10(1) Freedom of Information Act 2000 (the 'Act') states ,
subject to subsection (2) and (3) , a public authority must comply with
section1(1) promptly and in any event not later than the twentieth working
day following the date of receipt.

3.2 The Information Commissioner's Office (ICO) has provided guidelines
on the time limit as follows:

What is the time limit for responding to a request for information?

A public authority must inform the applicant in writing whether it holds
the information requested and if so, communicate that information to the
applicant, promptly, but not later than 20 working days after receipt of
the request; section 10(1).

When does the 20 working day clock start?

The 20 working day clock starts:

o the day after the public authority receives the request. According to
section 10(1) the time limit for compliance is the twentieth working day
following the date of receipt.

When is a request received by the public authority?

A request is received when it is delivered to the public authority, or
when it is delivered to the inbox of a member of staff. The date of
receipt is not the date the request is passed to the appropriate person
for processing…it is in the interests of the public authority to ensure
that mail is distributed, and acted upon, promptly.

3.3 ICO Guidance (1 July 2009) on refusal notices issued under section 17
of the Act:

When refusing a request, a public authority must issue a refusal notice to
the requester within 20 working days following the date of receipt of the
request.

Time limits

* The refusal notice must be clear and timely - issued within 20 working
days.

* If an authority does not hold the information, it is not required to
issue a formal refusal notice; but it must still inform the requester
of the fact in writing within 20 working days.

* An authority may take further time to consider the public interest
test in relation to the duty to confirm or deny or a qualified
exemption. However it must issue a notice to the requester within 20
working days stating why it requires more time to come to its
decision, and it must give an estimate of the date by which it expects
to answer the request in full.

4. REQUESTS FOR INFORMATION

4.1 Section 8(1) of the Act defines a 'request for information' which

(a) is in writing
(b) states the name of the applicant and address for correspondence, and
(c ) describes the information requested

4.2 The ICO Awareness Guidance 11 on time compliance states:

What if the authority is unable to find the information requested, because
the applicant has not provided enough details?

Under section 1(3) of the Act,

"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 required to comply with the request until that
further information is provided. Whilst the applicant may have made an
FOI request under the terms of the Act, by describing the information
he/she seeks, the 20 working day time limit
would not start until the authority had sufficient information to enable
it to deal with that request.

In this case the MPS confirmed, via email dated 28 January 2010, that it
was unable to meet with the request as it required a clarification of
question two 'what is the breakdown of complaints by race for 2009'.
Assistance was provided on whether you request information about (a) a
breakdown of those that have complained against police by race or (b) a
breakdown of the complaints by race. For example, the number of complaints
that alleged racial discrimination. This letter also confirmed '.. 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 being exempt...'

5. CLARIFYING A REQUEST

The Code Of Practice (section 45 of the Act) provides guidance to public
authorities as to the practice which it would be desirable for them to
follow in connection with the discharge of their functions under Part I of
the Freedom of Information Act 2000. It states under clarifying a
request:

'A request for information must adequately specify and describe the
information sought by the applicant. Public authorities are entitled to
ask for more detail, if needed, to enable them to identify and locate the
information sought. Authorities should, as far as reasonably practicable,
provide assistance to the applicant to enable him or her to describe more
clearly the information requested.
Authorities should be aware that the aim of providing assistance is to
clarify the nature of the information sought, not to determine the aims or
motivation of the applicant. Care should be taken not to give the
applicant the impression that he or she is obliged to disclose the nature
of his or her interest as a precondition to exercising the rights of
access, or that he or she will be treated differently if he or she does
(or does not). Public authorities should be prepared to explain to the
applicant why they are asking for more information. It is important that
the applicant is contacted as soon as possible, preferably by telephone,
fax or e-mail, where more information is needed to clarify what is sought.
Appropriate assistance in this instance might include:

* providing an outline of the different kinds of information which might
meet the terms of the request;
* providing access to detailed catalogues and indexes, where these are
available, to help the applicant ascertain the nature and extent of
the information held by the authority;
* providing a general response to the request setting out options for
further information which could be provided on request.

This list is not exhaustive, and public authorities should be flexible in
offering advice and assistance most appropriate to the circumstances of
the applicant.'

5. IN CONCLUSION

Your request for information was received by the MPS on Monday 25th
January 2010 and therefore a response would normally have been sent by
Monday 22nd February 2010, as you claim in your request for an internal
review. However, in this case the MPS sought additional information from
you on the 28th January 2010 and the 'clock' was stopped because we were
unable to reasonably identify what information you were requesting at that
time.

The clock was again restarted on the 5th February 2010 on receipt of your
email which confirmed '.. I see your point, please could you provide
both…'.

The due date for a response to be sent by the MPS was therefore
recalculated to be Tuesday 2nd March 2010. Your request for an internal
review was received 6 working days prior to this date on Tuesday 23rd
February 2010.

I can confirm that in this instance there is no failure to respond to your
request within the time limits of the Act for the reasons stated above.

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 on 02071613605 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Mike Lyng
Quality and Assurance Advisor

LEGAL ANNEX

Section 1 (General right of access to information held by public
authorities) of the Act provides:

(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 8 (Request for information) of the Act provides:

(1) In this Act any reference to a "request for information" is a
reference to such a request which-
(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.
(2) For the purposes of subsection (1)(a), a request is to be treated as
made in writing where the text of the request-
(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference

Section 10 (Time for compliance with request ) of the Act provides:

(1) Subject to subsections (2) and (3), a public authority must comply
with section 1(1) promptly and in any event not later than the twentieth
working day following the date of receipt.
(2) Where the authority has given a fees notice to the applicant and the
fee is paid in accordance with section 9(2), the working days in the
period beginning with the day on which the fees notice is given to the
applicant and ending with the day on which the fee is received by the
authority are to be disregarded in calculating for the purposes of
subsection (1) the twentieth working day following the date of receipt.
(3) If, and to the extent that-
(a) section 1(1)(a) would not apply if the condition in section 2(1)(b)
were satisfied, or
(b) section 1(1)(b) would not apply if the condition in section 2(2)(b)
were satisfied,
the public authority need not comply with section 1(1)(a) or (b) until
such time as is reasonable in the circumstances; but this subsection does
not affect the time by which any notice under section 17(1) must be given.
(4) The Secretary of State may by regulations provide that subsections (1)
and (2) are to have effect as if any reference to the twentieth working
day following the date of receipt were a reference to such other day, not
later than the sixtieth working day following the date of receipt, as may
be specified in, or determined in accordance with, the regulations.
(5) Regulations under subsection (4) may-
(a) prescribe different days in relation to different cases, and
(b) confer a discretion on the Commissioner.
(6) In this section-
"the date of receipt" means-
(a)
the day on which the public authority receives the request for
information, or
(b)
if later, the day on which it receives the information referred to in
section 1(3);
"working day" means any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
[1971 c. 80.] Banking and Financial Dealings Act 1971 in any part of the
United Kingdom.

Section 17 (Refusal of request ) 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 of 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 that fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.
(2) Where-
(a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
(i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
(ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
(b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.
(3) A public authority which, in relation to any request for information,
is to any extent relying on a claim that subsection (1)(b) or (2)(b) of
section 2 applies must, either in the notice under subsection (1) or in a
separate notice given within such time as is reasonable in the
circumstances, state the reasons for claiming-
(a) that, in all the circumstances of the case, the public interest in
maintaining the exclusion of the duty to confirm or deny outweighs the
public interest in disclosing whether the authority holds the information,
or
(b) that, in all the circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in disclosing the
information.
(4) A public authority is not obliged to make a statement under subsection
(1)(c) or (3) if, or to the extent that, the statement would involve the
disclosure of information which would itself be exempt information.
(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.
(6) Subsection (5) does not apply where-
(a) the public authority is relying on a claim that section 14 applies,
(b) the authority has given the applicant a notice, in relation to a
previous request for information, stating that it is relying on such a
claim, and
(c) it would in all the circumstances be unreasonable to expect the
authority to serve a further notice under subsection (5) in relation to
the current request.
(7) A notice under subsection (1), (3) or (5) must-
(a) contain particulars of any procedure provided by the public authority
for dealing with complaints about the handling of requests for information
or state that the authority does not provide such a procedure, and
(b) contain particulars of the right conferred by section 50.

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 and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 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

show quoted sections

Dear Mr Mercer,

Freedom of Information Request Reference No: 2010010004692

I write in response to your request for information that was received by
the Metropolitan Police Service (MPS) on 25 January 2010. I apologise for
the delay in responding to your request and any inconvenience caused. I
note that you seek access to the following information:

1. What is the average time for your complaints department to deal with a
complaint from the making to their report?

2. What is the breakdown of complainants by race?

3. What is the breakdown of complainants by race for discrimination
allegations only?

4. How many complaints were made in 2009?

5. How many complaints were made by someone who had complained before?

I wrote to you on 28 January 2010 to clarify your second question. You
wrote to me on 05 February 2010 and confirmed that you required the number
of persons that have complained against police broken down by race and a
breakdown of complaints that alleged racial discrimination. I have also
understood your reference to "complaints department" as reference to the
Directorate of Professional Standards. This department has responsibility
for investigating alleged misconduct against police officers. I have
accordingly provided data in respect of complaints against police officers
only.

Following receipt of your request, I have conducted searches to locate
information relevant to your request. These searches located records
relevant to your request.

DECISION
I have disclosed the located information to you in full.

1. What is the average time for your complaints department to deal with a
complaint from the making to their report?

The average number of days for completion of a complaint in calendar year
2009 (from 01 January 2009 to 31 December 2009) was 53 days.

2. What is the breakdown of complainants by race?

3. What is the breakdown of complainants by race for discrimination
allegations only?

Table One: Complaints Recorded against MPS Police Officers from 01 January
2009 to 31 December 2009 broken down by Complainant Ethnicity, Total
Number of Complainants and Total Number of Discrimination Complaints.

4. How many complaints were made in 2009?

Table Two: Complaints Recorded against MPS Police Officers from 01 January
2009 to 31 December 2009 broken down by Month/Year Recorded and Total
Number of Complaints.

Please note that the total number of complainants present in table one is
higher than the total number of complaints present in table two, as a
number of complaints will involve more than one party.

5. How many complaints were made by someone who had complained before?

Table Three: Complainants that Recorded a Complaint against MPS Police
Officers from 01 January 2009 to 31 December 2009, that had recorded a
Previous Complaint, broken down by Complainant Status and the number of
Events.

'Events' refers to the number of complaints each complainant had
previously recorded against the MPS prior to recording a complaint against
the MPS in calendar year 2009.

The MPS treats each occasion where an allegation is made about a police
officer seriously and will, where any allegation is received, fully
investigate that incident to determine 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 of behaviour
expected, the MPS takes robust action to ensure that officers are
appropriately disciplined and that lessons are learnt from each case.

It is of note that of the 12711 separate allegations (please note that
each complaint is comprised of a number of separate allegations) finalised
against MPS officers from 01 January 2009 to 31 December 2009, 144
allegations were, following investigation, substantiated against the
officers concerned. This equates to just over 1 percent of all allegations
received.

All MPS employees are expected to behave professionally, ethically and
with the utmost integrity at all times. Any instance where the conduct of
our staff is alleged 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.

I would like to take this opportunity to thank you for your interest in
the MPS and for your patience in awaiting a response to your request.

Should you have any further enquiries concerning this matter, please
contact me on 0207 230 5204 or at the email address at the top of this
notice, quoting the reference number above.

Yours sincerely

Damion Baird
Information Manager
Directorate of Professional Standards

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

show quoted sections