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Containmnet (kettling)
Ewan McLean made this Freedom of Information request to Strathclyde Police
Strathclyde Police did not have the information requested.
From: Ewan McLean
19 December 2010
Dear Strathclyde Police,
Under the Freedom of Information (Scotland) Act I would like to
know if you have any standard procedures which govern when and how
to use the disorder containment tactic commonly known as
'kettling'.
Yours faithfully,
Ewan McLean
From: Lynsey Henderson
Strathclyde Police
21 December 2010
NOT PROTECTIVELY MARKED
Mr McLean thank you for your Freedom of Information request which has
been received by Strathclyde Police, reference number 0845/2010. You
will receive a response form us on or before the 21st January 2011.
Thank you again for your enquiry.
Lynsey Henderson
Police Officer
Freedom of Information
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From: Lorna Grieve
Strathclyde Police
20 January 2011
NOT PROTECTIVELY MARKED
Good Afternoon
Please see the attached
Regards
Lorna Grieve
Freedom of Information Officer
Strathclyde Police
Force Disclosure Unit
173 Pitt Street
Glasgow
G2 4JS
Tel No: 0141 435 1262
Fax No: 0141 435 1218
E-Mail: [email address]
NOT PROTECTIVELY MARKED
<<Response Letter - Full Disclosure.pdf>>
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From: Ewan McLean
20 January 2011
Dear Strathclyde Police,
Please pass this on to the person who conducts Freedom of
Information reviews.
I am writing to request an internal review of Strathclyde Police's
handling of my FOI request 'Containmnet (kettling)'.
I am rather confused about your response. It seems to have taken
you an entire month to confirm that you don't have the information,
despite the Act requiring that all requests are processed promptly.
Your response is also contradictory; in one sentence you say that
you have no standard procedures in relation to containment, and in
another say that containment is subject to three criteria which you
then list. Surely this in itself is a procedure? There must also be
someone who decides when containment is used, or is it up to
whatever constable happens to be there at the time?
I would appreciate clarification of these points and a review of
how you respond to FOI requests to avoid confusion to other members
of the public in future.
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/co...
Yours faithfully,
Ewan McLean
From: INFO
Strathclyde Police
21 January 2011
NOT PROTECTIVELY MARKED
Mr McLean
I am sorry an attempt to provide a succinct but helpful response on this
issue has created a degree of confusion. I trust the following will
suffice by way of further explanation and clarification but if there is
anything else I can assist with please get back to me by email or
telephone.
Firstly, during the month of December 2010 alone this force processed
170 separate questions seeking information under the provisions of the
Freedom of Information (Scotland) Act 2002, yours being one of these.
As you are aware Section 10 of the Act states (paraphrased) that
requests must be complied with promptly (punctually); and in any event
by not later than the twentieth working day after the request is
received unless clarification is awaited from the applicant.
Invariably, this department (Force Disclosure) does not hold or have
access to the relevant information being requested and must seek it from
other individuals or specialist departments within the force. Once this
had been received and examined then with due consideration of the final
response date and when the opportunity is available a reply is sent.
Allowing for public holidays, a response was due to you on or before 21
January 2011 and my colleague supplied this at the first available
opportunity on 20 January 2011.
Further information regarding the FOI process can be found on the force
website at:
http://www.strathclyde.police.uk/index.a...
In terms of clarifying our response, this force has no guidance or
procedures containing the word 'kettling' and it is not a term used by
the force in any way on the subject of public order.
Strathclyde Police bases public order tactics on the ACPO Manual of
Guidance on Keeping the Peace. This is not a Strathclyde Police owned
document albeit ACPOS (Scottish) police forces have adopted it and
comply with its guidance. The latest version (2010) of the manual is
available in the public domain for examination albeit I have attached a
link to the document with this message. If the link does not work
simply search on the internet for 'ACPO Manual of Guidance on Keeping
the Peace'.
Although I am not an expert on the matter I would guide your attention
to page 15, with reference to specific supporting legislation, and page
38 concerning considerations on the 'use of containment as a crowd
control measure'; paragraph 2.79 was replicated in our original response
and in hindsight its source might better have been pointed out at the
time by way of assistance. See also page 110 headed 'Specific
Considerations for the Use and Management of Containment'.
The Manual also outlines the command levels required or expected for
relevant process or procedures and I would draw your attention to pages
12-19 concerning strategic command considerations, and Chapter 4
entitled 'Command' as this may be of interest.
It trust this has been of assistance and given the pressure of time and
resources can you advise if this further information is now sufficient
for your needs?
Regards
Inspector Graeme Cuthbertson
Force Disclosure Unit
Force Headquarters
Int 704 1205
Ext 0141 435 1205
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