Damage to Public order kit

Mr Andrews made this Freedom of Information request to Metropolitan Police Service (MPS)

The request was refused by Metropolitan Police Service (MPS).

From: Mr Andrews

18 November 2009

Dear Sir or Madam,

I am requesting the following information, listed by year, for the
last 5 yrs, for each of the following individual requests. (please
treat each numbered item as an individual request under the FOI
Act)

1. All incidents of damage to the Metropolitan Police issued public
order kit, including the nature of the damage and item from the kit
damaged.

2. All requests for replacement items of Metropolitan Police issued
public order kit, itemising which component was requested.

3. All incidents of theft of the Metropolitan Police issued public
order kit, including itemised list of items stolen.

4. Information on the date of which the latest full public order
kit was issued to Metropolitan police officers.

Yours faithfully,

Mr Andrews

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Metropolitan Police Service (MPS)

19 November 2009

Dear Mr Andrews,

Freedom of Information Request Reference No: 2009110004310
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 18/11/2009. I note you seek
access to the following information:

* "I am requesting the following information, listed by year, for the
last 5 yrs, for each of the following individual requests. (please
treat each numbered item as an individual request under the FOI Act)

1. All incidents of damage to the Metropolitan Police issued public order
kit, including the nature of the damage and item from the kit damaged.

2. All requests for replacement items of Metropolitan Police issued
public order kit, itemising which component was requested.
3. All incidents of theft of the Metropolitan Police issued public order
kit, including itemised list of items stolen.
4. Information on the date of which the latest full public order kit was
issued to Metropolitan police officers. "

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 Katie London on telephone number 02071613907 quoting
the reference number above.

Yours sincerely

Katie London
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 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

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Metropolitan Police Service (MPS)

21 December 2009

Dear Mr Andrews

Freedom of Information Request Reference No: 2009110004310

I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 18/11/2009. I note
you seek access to the following information:

ยท I am requesting the following information, listed by year, for the last
5 yrs, for each of the following individual requests. (please treat each
numbered item as an individual request under the FOI Act)

1. All incidents of damage to the Metropolitan Police issued public order
kit, including the nature of the damage and item from the kit damaged.
2. All requests for replacement items of Metropolitan Police issued public
order kit, itemising which component was requested.
3. All incidents of theft of the Metropolitan Police issued public order
kit, including itemised list of items stolen.
4. Information on the date of which the latest full public order kit was
issued to Metropolitan police officers.

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
within Human Resources

RESULT OF SEARCHES
The searches located records relevant to your request.

DECISION
I have today decided to:

* disclose record numbered 4 in full;
* fully exempt records numbered 1 to 3 pursuant to the provisions of
section12 (1) of the Act.

REASONS 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 12 of the Act provides:
(1) Section 1(1) 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.

The MPS is unable to provide you with the details regarding all
incidents of damage to MPS issued public order kit, including the
nature of the damage and item from the kit. Whilst this information is
held by the MPS, it is not possible to provide an answer to your
request within the cost limit set out by the Freedom of Information
and Data Protection (Appropriate Limit and Fees) Regulations 2004 as
the information is not held in an easily retrievable format.
Each individual request for a new piece of public order kit would need
to be looked at to identify whether it was requested due to damage of
the previous item. Having considered your request, I have estimated
that the time required to collate this information would exceed the
limit.

The MPS is also unable to provide you with the details regarding all
requests for replacement items of MPS issued public order kit,
itemizing which component was requested. Whilst this information is
held by the MPS, it is not possible to provide an answer to your
request within the cost limit set out by the Freedom of Information
and Data Protection (Appropriate Limit and Fees) Regulations 2004 as
the information is not held in an easily retrievable format.
The system used to record this information does not differentiate
replacement items against requests for new items. Each individual
order would need to be looked at to produce an itemized account of
solely replacement items. Having considered your request, I have
estimated that the time required to collate this information would
exceed the limit.

Lastly the MPS is unable to provide you with the details regarding all
incidents of theft of the MPS issued public order kit, including an
itemized list of stolen items. Whilst this information is held by the
MPS, it is not possible to provide an answer to your request within
the cost limit set out by the Freedom of Information and Data
Protection (Appropriate Limit and Fees) Regulations 2004 as the
information is not held in an easily retrievable format.
This information is recorded locally by Finance and Resource Managers.
As before, each individual record would need to be looked at produce
a report of why the replacement kit was issued. Having considered your
request, I have estimated that the time required to collate this
information would exceed the limit.

I regret, therefore, that I am unable to provide you with the
information for questions numbered 1, 2 and 3

Please find below response to record number 4.

Personal Protective Equipment issued to officers trained in Public
Order duties is constantly evolving; it is therefore not possible to
give a date when the latest full kit was issued. However, we can
state when the latest variant of component came into service:

Helmets April 2008
Headovers March 2006.
Overalls January 2004
Limb Protectors January 2004
Gloves May 2005

Boots October 2006

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 020 7230 2343 or at the address at the top of this
letter, quoting the reference number above.

Yours sincerely

Jennifer Gallagher
FOI 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 โ€“

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

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From: Mr Andrews

21 December 2009

Dear Metropolitan Police Service (MPS),

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Metropolitan Police
Service (MPS)'s handling of my FOI request 'Damage to Public order
kit'.

I do not believe that it would exceed the appropriate limit to
retrieve the information requested. Indeed the Met have not made
any effort to release even some of the information.

I would suggest that the information requested is held
electronically and would not take significant effort or cost to
retrieve the information.

I request an internal review, prior to referral of the matter to
the ICO.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/da...

Yours faithfully,

Mr Andrews

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Metropolitan Police Service (MPS)

30 December 2009

Dear Mr Andrews

Freedom of Information Request Reference No: 2009120004609

I write in connection with your letter dated 21 December 2009 requesting
that the Metropolitan Police Service (MPS) review its response to your
request for information relating to:

* FOIA case number 2009120004310 .

The review will be conducted in accordance to the MPS's complaints
procedure. The MPS endeavour to respond to your complaint by 21 January
2010.

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

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 โ€“

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

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Metropolitan Police Service (MPS)

22 January 2010

Dear Mr Andrews

Freedom of Information Request Reference No: 2009120004609

Further to our letter of 30 December 2009, I have unfortunately been
unable to meet the response time originally provided to you in relation
to:

* FOI original case number: 2009110004310

I hope to complete your review no later than 18 February 2010 2009. 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.

Yours sincerely

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 โ€“

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

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From: Mr Andrews

26 January 2010

Dear Metropolitan Police Service (MPS),

So what is the excuse for continued delay? If this is not attended,
within 7 days I will refer the matter to the ICO.

Yours faithfully,

Mr Andrews

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Metropolitan Police Service (MPS)

27 January 2010

Dear Mr Andrews

Freedom of Information Request Reference No: 2009120004609

I would first like to take this opportunity to apologise for the delay of
your response, and thank you for your patience.

Further to our letter of 22 January 2010, I am now able to provide a
response to your complaint dated 21 December 2009 concerning:

* FOIA original case number 2009120004310.

FOI Request
I am requesting the following information, listed by year, for the last 5
years, for each of the following individual requests.
1. All incidents of damage to the MPS issued public order kit,
including the nature of the damage and item from the kit damaged.
2. All requests for replacement items of MPS issued public order
kit, itemizing which component was requested.
3. All incidents of theft of the MPS issued public order kit,
itemizing which component.
4. Information on the date of which the latest full public order
kit was issued to MPS officers.

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to:

* Vary the original decision

REASON FOR DECISION

On conducting my own independent research for this review, I maintain that
questions one to three cannot be answered within the 18 hour prescribed
time limit for which the MPS is granted to comply with a Freedom of
Information Act request.

On review I find the information you have requested is exempt from
disclosure by virtue of Section 12(2) rather than 12(1) of the Act.

Section 17(1)(a)(b)(c) (Refusal of a 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.

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(2) (Cost of complying with the Request) 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.

Questions One and Two
The MPS hold electronic records of their spend on the MPS issued public
order kit.

However there is no electronic record which allows us to pinpoint the
level of detail you have requested.

The systems do not log whether a new piece of kit has been issued as a
replacement or due to damage.

The level of detail requested for question one and two is most likely to
be held within storage on each separate borough which may answer these
requests. It may be held on the manual requests forms held locally in
archives out on the 32 individual boroughs and other operational units
(such as Territorial Support Group Units).

However to even confirm whether the MPS hold details on every case where
kit was issued particularly due to damage or as a replacement would
exceed the 18 hours prescribed to the MPS for handling a Freedom of
Information Act request.

It remains the case that the system used to record this information does
not differentiate replacement items against requests for new items. Each
individual order would need to be looked at manually rather than
electronically, to produce an itemized account of solely replacement or
damaged items.

Question Three
The same answer applies for this question as for questions One and Two.

Additionally I have consulted with our Performance Information Bureau
(PIB) to see whether any data could be produced which may assist with this
question.

Within our crime reporting information system, there is no specific code
to search for under 'property' in regards to MPS Public Order kit. Should
such an instance of theft have been reported on the system, the detail
would be held within the free text fields. Each free text field would need
to be manually read to extract the relevant information in regards to the
kit and item stolen. Such a detailed search for each instance of theft of
a MPS Public Order Kit would unfortunately exceed the prescribed 18 hour
limit the MPS are provided to comply with a FOIA request.

Question Four
I find the answer to question four was provided to you in full.

I appreciate that you will remain disappointed we are unable to provide
information for question One to Three. However, I do hope my explanation
as to why the provision of this information would exceed 18 hours has
clarified matters for you.

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

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 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

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Things to do with this request

Anyone:
Metropolitan Police Service (MPS) only: