Details of CO11 Operations in Crampton Street in June 2008

Dear Mr Sands

Freedom of Information Request Reference No: 2009020003623
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 14/02/2009. I note you seek
access to the following information:

* Please provide information on the reasons for and results of CO11
operations in Crampton Street SE17 on the 1st June 2008, 15th June
2008 and 29th June 2008.
* Please include any relevant Proactive Assessment and Tasking Proformas
(PATPs), Problem Solving Proformas (PSPs), and any other assessments
or reports resulting.
* If possible, please provide the number of concurrent CO11 operations
on the dates in question.

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 Shannon Aldridge on telephone number 020 7161 3527
quoting the reference number above.

Yours sincerely

Shannon Aldridge
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 Sands

Freedom of Information Request Reference No: 2009020003623
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 14/02/2009. I do apologise
for the delay in responding to your request and hope that you have not
been inconvenienced. I note you seek access to the following information:

* Please provide information on the reasons for and results of CO11
operations in Crampton Street SE17 on the 1st June 2008, 15th June
2008 and 29th June 2008. Please include any relevant Proactive
Assessment and Tasking Proformas (PATPs), Problem Solving Proformas
(PSPs), and any other assessments or reports resulting. If possible,
please provide the number of concurrent CO11 operations on the dates
in question.

DECISION

In accordance with the Act, this letter represents a Refusal Notice for
this particular request under Section 17(4).

Section 17(4) of the Act provides:

(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.

The Metropolitan Police Service can neither confirm nor deny that it holds
the information you requested as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply, by virtue of the following
exemptions:

s31 Law enforcement
In this instance, to confirm or deny the existence of the information
requested could disclose information regarding tactics and methodology
used by police.
The Metropolitan Police Service can neither confirm nor deny that it holds
the information you requested as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply, by virtue of the following
exemption:

Section 31 (3) - Law Enforcement

Section 31 (3) of the Act provides:

(3) The duty to confirm or deny does not arise if, or to the extent that,
compliance with section 1(1)(a) would, or would be likely to, prejudice
any of the matters mentioned in subsection (1).

As Section 31 is a 'qualified exemption' I am required to convey to you a
brief public interest test to explain why this exemption has been used.

The Freedom of Information Act 2000 is designed to place information into
the public domain, that is, once access to information is granted to one
person under the Act, it is then considered public information and must be
communicated to any individual should a request be received. Where
requests are made for information that relates to operational policing,
the MPS cannot confirm or deny whether that information exists, as to do
so, would publicly reveal information about operational decision-making.
The MPS must maintain its ability to make operational policing decisions
in all instances under the Freedom of Information Act 2000. This response
is in line with usual practice in commenting on requests about operational
policing and should not be taken as conclusive evidence that any
information does or does not exist.

However, this should not be taken as necessarily indicating that any
information that would meet your request exists or does not exist.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Once again, apologies for the delay, should you have any further enquiries
concerning this matter, please write or contact Dave Howe on telephone
number 0207 230 0654 quoting the reference number above.

Yours sincerely,

Dave Howe
Public Order Review Unit
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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Dear Mr Sands

Freedom of Information Request Reference No: 2009030005114

I write in connection with your letter dated 23 March 2009 requesting that
the Metropolitan Police Service (MPS) review its response to your request
for information relating to:

* Original FOI case number: 2009020003623.

The review will be conducted in accordance to the MPS's complaints
procedure. The MPS endeavour to respond to your complaint by 15 May 2009.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Pallen
Freedom of Information Policy, Research, Review 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 Sands

Freedom of Information Request Reference No:2009020003623

Further to our letter of 24 March 2009, I have unfortunately been unable
to meet the response time originally provided to you in relation to:

* Original FOI number: 2009020003623

I hope to complete your review no later than 3 June 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.

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. Pallen
Freedom of Information Policy, Research, Review 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 Sands

Freedom of Information Request Reference No: 2009030005114

Further to our letter of 15 May 2009, I have unfortunately been unable to
meet the response time provided to you in relation to:

FOI original case number: 2009020003623

I hope to complete your review no later than 24 June 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.

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. Pallen
Freedom of Information Policy, Research, Review 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 Sands

Freedom of Information Request Reference No: 2009030005114

Further to our letter of 3 June 2009, I am now able to provide a full
response to your complaint dated concerning details of CO11 operations in
Crampton Street in June 2008:

* Original case number: 2009020003623.

I note that you have requested the following information:

"Please provide information on the reasons for and results of CO11
operations in Crampton Street SE17 on the 1st June 2008, 15th June 2008
and 29th June 2008.
Please include any relevant Proactive Assessment and Tasking Proformas
(PATPs), Problem Solving Proformas (PSPs), and any other assessments or
reports resulting.
If possible, please provide the number of concurrent CO11 operations on
the dates in question."

DECISION

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

* Uphold the original decision

REASON FOR DECISION

In order to respond to your request for a review, I consulted with Central
Operations and the Directorate of Public Affairs.

Firstly, can I please take this opportunity to apologise for the delay in
responding to your request for a review. I can assure you that every
effort was made to respond within the recommended time period. I am sorry
this could not be met in this instance.

With regard to your initial email of complaint, dated 17 March 2009, I
would like to apologise for the fact that you did not receive the response
to your FOI request by the statutory deadline of 13 March 2009. I also
apologise that you did not receive an update on the status of your case
explaining that the MPS would be unable to meet the statutory deadline, or
an estimated date of completion of when the response would be available. I
am aware that you received the final response on 23 March 2009.

In terms of the processing of your request and the MPS failing to respond
within the statutory time frame, there was indeed a breach of the Act.
Section 10 of the Act states that "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".Section 17(2)(b) of the Act continues to say that if "the public
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".I
appreciate that in this instance there was a failure to comply within the
statutory deadline, or to provide you with an estimated date for a full
response. Accordingly I would like to take this opportunity to apologise
for the delays you have experienced and hope to reassure you that the MPS
take compliance with the Act very seriously and are working hard to
promote good practice in regard to the processing of requests. The MPS is
continually striving to ensure statutory deadlines are met and enquiries
are responded to as soon as possible. We are working towards this goal
whilst ensuring the operational policing needs of London are not affected.

To ensure good practice, I have contacted and advised the Department
concerned that applicants should be updated in good time if there is a
possibility their request deadline will not be met for any reason.

With regard to your further complaint of 23 March 2009, I can confirm that
I have reviewed Dave Howe's decision to neither confirm nor deny whether
the MPS hold any information in relation to CO11 operations in Crampton
Street in June 2008 and decided to uphold the decision.

The MPS can neither confirm nor deny that it holds the requested
information by virtue of Section 31 (3) - Law Enforcement.

This letter therefore acts as a Refusal Notice.

Section 17 (1) 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 31 (3) of the Act provides:

(3) The duty to confirm or deny does not arise if, or to the extent that,
compliance with section 1(1)(a) would, or would be likely to, prejudice
any of the matters mentioned in subsection (1).

As Section 31 is a prejudice based, qualified exemption, I am required to
provide a brief public interest and harm test to you.

Evidence of Harm

I have considered the potential harm that could be caused by confirming or
denying whether or not we hold the information requested.

If the MPS were to state we do not hold information pertinent to this
request, it is our contention that this would provide intelligence and an
operational advantage over the MPS to any person or organization with
criminal intentions. This would allow them to continue their activities in
the knowledge that we have 'gaps' in our intelligence database.

Equally, to confirm if information is held pertinent to the request may
automatically alert individuals or groups that the MPS are aware and
monitoring their existence and or activity. This would immediately mean
that those people or organizations engaged in this specific monitored
activity would change tactics, personnel and or location to counter that
intelligence and to take evasive action to avoid further detection or
arrest.

Public Interest Test

Considerations favouring confirming or denying whether information is held
pertinent to this request

Public Awareness and Debate

Confirming or denying whether the requested information is held would lead
to accurate public debate which corrects rumour and falsehood about
whether the MPS hold information relating to activities in the area you
mentioned.

Accountability

Confirming or denying whether the requested information is held could aid
public debate about the role and involvement of the MPS in the area,
thereby contributing to the public's perception of our efficiency and
effectiveness.

Considerations favouring neither confirming nor denying whether
information is held pertinent to this request

Efficient and Effective Conduct of the Service

Confirming or denying whether the information is held would compromise the
current and future law enforcement role of the force. It would do so as
those individuals or groups that had been confirmed to be under
surveillance are likely to then try to change their tactics by going
'underground' to avoid further scrutiny and detection. It would allow
those who we confirm to have gone 'undetected' to continue their
activities in the knowledge that they have that operational advantage over
the MPS.

Such a disclosure under the Act would mean the MPS would need to employ
additional resources to counter the harm of disclosure. This is because
if an individual or group was confirmed to be under surveillance it would
be highly likely that they would change tactics, liaise with other people
and conduct more covert meetings. This would mean our investigations
would be hindered as all of our intelligence on the individual or group
would be rendered useless. We would then need to utilise more resources to
continue our operations. This cannot be in the public interest.

Balancing Test

On weighing up the competing interests, I find the public interest favours
upholding the decision to neither confirm or deny whether the MPS holds
the information you have requested in regards to any possible CO11
operations in Crampton Street, SE17. This is because to confirm or deny
whether we hold this information, in all circumstances, would be likely to
cause substantial harm, which I have outlined above, and jeopardise the
MPS's ability to fulfil its law enforcement role.

Please note the public interest is not what interests the public but what
will be of greater good, if released, to the community as a whole. My
final decision to neither confirm nor deny whether information you have
requested is held, is based on what is in the public interest and not what
is of interest to the public.

This refusal notice should not be taken as necessarily indicating that any
information captured by your request does or does not exist.

Can I take this opportunity to comment upon the policy you referred to
within your second complaint.

The 'Use of Overt Filming/Photography' is a policy to provide direction to
all MPS personnel dealing with the use of overt filming. It enables the
MPS to legitimately deploy this tactic to tackle crime and disorder. The
paragraph that you quoted is adhered to, however, it has no bearing on
this response. Under the Freedom of Information Act, public authorities
are entitled to neither confirm nor deny that we hold requested
information provided that we are able to show that to do so would be
harmful. I have outlined the harm that could be caused by confirming or
denying whether we hold the requested information above.

I do appreciate this is not the response you would have liked, however, I
hope this will not deter you from making further requests to the MPS in
the future.

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 enquiries concerning this matter, please
contact me on 020 7161 3527 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Shannon Aldridge
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 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