Complaints about police by police officers or ex-police officers

Dear Mr/Ms Harris

Freedom of Information Request Reference No: 2012010003606
I write in connection with your following request for information which
was received by the Metropolitan Police Service (MPS) on 26/01/2012:

* From 01/01/2001 to 26/01/2012 how many complaints about criminal
activity by MPS officers have you received from fellow police officers
and ex-police officers who are trying to fight corruption?   Since you
refuse to record such complaints, stating that, under the Police
Reform Act 2002, police officers are not allowed to complain against
the police, and that only 'members of the public' can, do you even log
such complaints?

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.  

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 FOIA Team on telephone number 02071613500 quoting the
reference number above.

Yours sincerely

S. Stroud
FOIA Quality and Assurance Advisor
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).

Dear Mr/Ms Harris

Freedom of Information Request Reference No: 2012010003606

I write in connection with your request for information dated 26/01/2012
which was received by the Metropolitan Police Service (MPS) on 26/01/2012.
 I note you seek access to the following information:

 1. From 01/01/2001 to 26/01/2012, how many complaints about criminal
activity by MPS officers have you received from fellow police officers
and ex-police officers who are trying to fight corruption?
 2. Since you refuse to record such complaints, stating that, under the
Police Reform Act 2002, police officers are not allowed to complain
against the police, and that only 'members of the public' can, do you
even log such complaints?

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

EXTENT OF SEARCHES TO LOCATE INFORMATION

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

DECISION

In respect of your request for:

 1. From 01/01/2001 to 26/01/2012, how many complaints about criminal
activity by MPS officers have you received from fellow police officers
and ex-police officers who are trying to fight corruption?

Having considered your request I have estimated that the time required to
collate all the information to provide you with an accurate answer would
exceed the prescribed cost of a Freedom of Information Act Request which
is currently set at 18 hours. Under Section 12 of the Freedom of
Information Act 2000 a public authority is not obliged to comply with a
request for information if the authority estimates that the cost of
complying with that request would exceed the appropriate limit. Whilst
this information is held by the MPS it is not recorded in a format that
enables it to be retrieved within the cost limit set out by the Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulation
2004.  Please find the relevant internet link below.  

http://www.opsi.gov.uk/SI/si2004/20043244.

REASON FOR DECISION

The Performance Analysis Unit, who administer the database which contains
the records of Public Complaints and internal Conduct Matters, have
confirmed that if an officer makes a complaint about a fellow officer's
conduct, the incident would be recorded as a 'Conduct Matter' however the
database would not hold any information in respect of who raised the
issue/complained about the officer.  The database contains several
thousand individual conduct cases and to ascertain whether the allegations
of misconduct were made by fellow officers or ex-officers would entail a
member of staff retrieving and manually examining thousands of paper
files.  This would take far in excess of the appropriate limit therefore I
regret that I am unable to provide the requested information.

In respect of your request for:
2. Since you refuse to record such complaints, stating that, under the
Police Reform Act 2002, police officers are not allowed to complain
against the police, and that only 'members of the public' can, do you even
log such complaints?
Please note that the Freedom of Information Act provides individuals with
the right to request recorded information from Public Authorities.  Your
question would appear to ask for an opinion on the subject of the
recording of complaints by police officers about fellow police officers
and this is something which cannot be supplied under the provisions of the
Act.  However in order to assist please find below information regarding
'wrongdoing' which you may find useful.

The Metropolitan Police Service operates a reporting of 'wrongdoing'
protocol to assist in rooting out corruption or 'wrongdoing' within the
organisation. It assists in creating an environment where 'wrongdoing' is
prevented, discouraged and detected by colleagues.  The protocol will
promote a culture of 'doing the right thing' where staff are confident to
report wrongdoing in the knowledge that they will be supported and
protected

This applies to all police officers and police staff, including the
extended police family and those working voluntarily or under contract to
the MPS or Metropolitan Police Authority (MPA).  All have a clear
responsibility to report 'wrongdoing'.  For your information I attach a
redacted copy of the Professional Standards Reporting Wrongdoing Standard
Operating Procedure.

Professional Standards Reporting Wrongdoing Standard Operating Procedure

In accordance with Section 17 of the Act, this email serves as a refusal
notice for the information that I have redacted.

REASON FOR DECISION

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 40 (2) & (3) - Personal Information: Absolute Exemption/Class
Based

Section 40(2)(a)(b) of the Act provides that any information to which a
request for information relates, is exempt information if the first
condition of Section 40(3)(a)(i) is satisfied. The first condition of
Section 40(3)(a)(i) states that information is exempt if its disclosure
would contravene any of the data protection principles.

The eight principles of the Data Protection Act 1998 (DPA) govern the way
in which data controllers must manage personal information. Principle one
of the DPA provides that personal data must be processed fairly and
lawfully. In view of this requirement, I have removed the telephone number
to the DPS Policy Unit and the DPS Right Line. I have removed this
information as these telephone numbers would allow staff in these units to
be identified and contacted. I consider that release of this information
would be unfair and constitute unfair processing of personal data under
principle one of the DPA. In reaching this decision, I have given due
regard to Condition 1 and 6 of Schedule 2 of the DPA. Condition 1 of the
DPA requires that consideration is given to whether consent for disclosure
has been given whilst Condition 6 requires that consideration is given to
whether disclosure would constitute legitimate processing of that data. I
consider that the telephone numbers are not central to the records
requested and do not detract from them. In view of this, I have withheld
this information under this exemption.

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

This Standard Operating Procedure (SOP) supports the Professional
Standards Policy. This policy explains the Service's stance with regard to
professional standards, integrity and investigation. For your convenience
I attach the relevant internet link below.

www.met.police.uk/foi/pdfs/policies/prof...

I would also direct you to the MPS Misconduct Investigation Guide which
contains the Code of Conduct to which all police officers employed by the
MPS are expected to adhere. Further information describing the procedures
to be followed when investigating an allegation of misconduct and the
subsequent disciplinary procedures which may be invoked if necessary can
also be found within this document.  I attach the relevant internet link
below for your convenience.

http://www.met.police.uk/foi/pdfs/other_...

The Metropolitan Police Service takes any allegations of wrong doing by
officers very seriously. Where appropriate, allegations of corruption or
misconduct are investigated thoroughly by officers from the Met's
Directorate of Professional Standards. The DPS carries out these
investigations so that the public can have confidence in our commitment to
ensuring the professionalism, honesty and integrity of all our officers
and staff.

The MPS expects its staff to behave professionally, ethically and with the
utmost of integrity at all times.  Any instance where the conduct of our
staff brings the MPS into disrepute is treated extremely seriously in line
with MPS policy.

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 1616512 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Carol Conway
Case Manager

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
COMPLAINT RIGHTS

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

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

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

Ask to have the decision looked at again –

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

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

Complaint

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

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

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

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

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

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

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

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).