Disciplinary offences

Dear Mr Andrews,

Freedom of Information Request Reference No: 2009120001514
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 07/12/2009. I note you seek
access to the following information:

* "Please provide the following information in line with the FOI act.

* 1. Names of all serving Police officers and staff with disciplinary
offences, please include the nature of the disciplinary breach.
* 2. The number of upheld disciplinary offences per year, for the last
10 years and the nature of the breach."

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

show quoted sections

Dear Mr. Andrews

Freedom of Information Act Request Reference No: 2009120001514
I write in connection with your request for information dated 07/12/2009
which was received by the Metropolitan Police Service (MPS) on 07/12/2009.
I note you seek access to the following information:

Please provide the following information in line with the FOI act.
1. Names of all serving Police officers and staff with disciplinary
offences, please include the nature of the disciplinary breach.
2. The number of upheld disciplinary offences per year, for the last 10
years and the nature of the breach.
In order to assist with your request I will need to arrange for the
relevant databases in the Performance Analysis Unit (PAU) and the
Directorate of Human Resources to be searched for any available recorded
data which may answer your request. On requesting these searches the PAU
have stated that they can provide validated information for the past five
years which has been used to answer previous similar requests.

Can you confirm that you are happy for me to proceed on this basis and on
receipt of your confimation I will arrange for the searches to be
conducted on your behalf.

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
15/03/2010 I will assume 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 Carol Conway on telephone number 0207 230 75192 quoting the
reference number above.

Yours sincerely,

Carol Conway
Case Manager
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 Andrews

Many thanks for your e-mail.

I shall now progress your request.

Yours sincerely

Carol Conway

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Dear Mr Andrews

I am writing to update you with the progress of your request and also to
apologise for the delay in providing you with the substantive response.

I am currently awaiting the result of searches which I requested on your
behalf from the MPS Performance Analysis Unit. Until I receive this
result I cannot complete the response to your request for information. I
have contacted the PAU and have asked them to deal with this as a matter
of urgency.

I regret the inconvenience caused to you by the delay and shall keep you
informed of my progress with your case.

Yours sincerely

Carol Conway
DPS-FOIA Team
Tel: 0207 2305192

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Dear Mr. Andrews

Freedom of Information Request Reference No: 2009120001514

I write in connection with your request for information dated 7/12/2010
which was received by the Metropolitan Police Service (MPS) on 07/12/2009.
I note you seek access to the following information:

Please provide the following information in line with the FOI Act.
1. Names of all serving Police officers and staff with disciplinary
offences, please include the nature of the disciplinary breach.
2. The number of upheld disciplinary offences per year, for the last 10
years and the nature of the breach.

Following receipt of your request and your subsequent e-mail confirming
that information for the last 5 years would be acceptable, 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) and the Directorate of
Human Resources.

RESULT OF SEARCHES

The searches located information relevant to your request.

DECISION

With reference to your request for:
1. Names of all serving Police officers and staff with disciplinary
offences, please include the nature of the disciplinary breach.
Having located and considered the relevant information, I am afraid that I
am not required by statute to release the information requested. This
letter serves as a Refusal Notice under Section 17 of the Freedom of
Information Act 2000 (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.

In accordance with Section 17 of the Act, I have applied the following
exemption:

Section 40(2) (a)(b) and (3)(a)(i)

Section 40(2)(a)(b) and (3)(a)(i) - 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) states that the information is exempt if
its disclosure would contravene any of the data protection principles.

One of the main differences between the Data Protection Act (1998) and the
Freedom of Information Act (2000) is that any information released under
FOI is released into the public domain, not just to the individual
requesting the information. As such, any release that identifies an
individual through releasing their personal data, even third party
personal data, is exempt.

Section 40(2) applies to third party
personal data. This would not be released under the Freedom of
Information Act unless there is a strong public interest. This is because
any release would breach the Data Protection Principles contained within
the Data Protection Act (1998).

The eight principles of the Data Protection Act 1998 (DPA) govern the way
in which data controllers must manage personal information. Personal data
is defined under the Data Protection Act (1998) as data that is
biographical in nature, has the applicant as its focus and/or affects the
data subject's privacy in his or her personal, professional or business
life. I have applied this exemption as you have requested information
where release would identify living individuals and as the MPS has a duty
to protect the identity of the individual with regard to his personal,
private and professional life I cannot disclose this information.
Principle one of the DPA provides that personal data must be processed
fairly and lawfully. I consider that to release the names of police
offficers and police staff with recorded disciplinary allegations against
them and the nature of those disciplinary breaches, would be unfair
processing of personal data.

This exemption is both absolute and class based therefore I am not
required to complete a 'Public Interest Test'.

In respect of your request for:
2. The number of upheld disciplinary offences per year for the last 5
years and the nature of the breach.

Data In Respect of Police Officers.

Please see the chart below which shows the number of disciplinary offences
which were proven during the period 01/01/2005 to 31/12/2009.

+------------------------------------------------------------------------+
| Description | 2005 | 2006 | 2007 | 2008 | 2009 | Total |
|-----------------------------+------+------+------+------+------+-------|
| Breach Code A PACE | | 4 | | | | 4 |
|-----------------------------+------+------+------+------+------+-------|
| Breach Code C PACE | | | 1 | | | 1 |
|-----------------------------+------+------+------+------+------+-------|
| Corrupt Practice | 4 | 5 | 10 | 4 | 4 | 31 |
|-----------------------------+------+------+------+------+------+-------|
| Discriminatory Behaviour | 3 | 4 | | | | 7 |
|-----------------------------+------+------+------+------+------+-------|
| Improper Disclosure of | 1 | 1 | 4 | 3 | 1 | 11 |
| Information | | | | | | |
|-----------------------------+------+------+------+------+------+-------|
| Incivility,impoliteness | 2 | 3 | 6 | 1 | 2 | 15 |
| and intolerance | | | | | | |
|-----------------------------+------+------+------+------+------+-------|
| Irregularity in | 5 | 3 | 3 | 1 | | 12 |
| evidence/perjury | | | | | | |
|-----------------------------+------+------+------+------+------+-------|
| Mishandling of Property | 2 | 2 | 1 | | | 5 |
|-----------------------------+------+------+------+------+------+-------|
| Oppressive Conduct or | 6 | 3 | 1 | 2 | 1 | 14 |
| Harassment | | | | | | |
|-----------------------------+------+------+------+------+------+-------|
| Other | 10 | 15 | 9 | 7 | 6 | 49 |
|-----------------------------+------+------+------+------+------+-------|
| Other Assault | 8 | 13 | 8 | 4 | 5 | 40 |
|-----------------------------+------+------+------+------+------+-------|
| Other irregularity in | 2 | 2 | 6 | 4 | 1 | 16 |
| procedure | | | | | | |
|-----------------------------+------+------+------+------+------+-------|
| Other neglect or failure | 15 | 11 | 7 | 10 | 14 | 71 |
| in duty | | | | | | |
|-----------------------------+------+------+------+------+------+-------|
| Other sexual conduct | 2 | | 1 | 1 | | 4 |
|-----------------------------+------+------+------+------+------+-------|
| Serious non-sexual assault | 1 | | | 1 | | 2 |
|-----------------------------+------+------+------+------+------+-------|
| Sexual Assault | | 3 | 2 | 1 | 1 | 8 |
|-----------------------------+------+------+------+------+------+-------|
| Traffic Irregularity | 18 | 14 | 9 | 7 | 5 | 55 |
|-----------------------------+------+------+------+------+------+-------|
| Unlawful/unnecessary | | | | 1 | | 1 |
| arrest or detention | | | | | | |
|-----------------------------+------+------+------+------+------+-------|
| TOTAL | 79 | 83 | 68 | 47 | 40 | 346 |
+------------------------------------------------------------------------+

*Please see below definitions of the PACE Codes which are listed above..

Breach of Code A PACE on stop and search.
Unjustified use of the relevant power, particularly where reasonable
suspicion cannot be supported; failure to act appropriately before or
during a search or to make the necessary record where practicable.

Breach of Code C PACE on detention, treatment and questioning.
Failure to inform detained persons of their rights and entitlements;
unjustified obstruction of access to legal advice; holding persons
incommunicado; not providing necessary support/advice to young/vulnerable
detained persons; failure to maintain proper custody/property records; not
providing mandatory physical conditions whenever practicable; not carrying
out searches on detained persons in accordance with the Code; conducting
review of detention improperly or at inappropriate intervals. Failure to
caution or charge when required; interviewing oppressively or in
inappropriate circumstances; not making proper records of interviews and
allowing them to be checked by suspects where practicable; not providing
interpreters where necessary.

Please see the attachment below which provides details of the Home Office
categories of complaint which are used by the MPS in order to record a
complaint against a police officer.

Data In Respect of Police Staff

Please see the chart below which shows the number and nature of police
staff disciplinary breaches for the period 01/01/2005 to 31/12/2009.

+------------------------------------------------------------------------+
| Description | 2005 | 2006 | 2007 | 2008 | 2009 | Total |
|-----------------------------+------+------+------+------+------+-------|
| Gross Misconduct | 67 | 25 | 40 | 44 | 46 | 222 |
|-----------------------------+------+------+------+------+------+-------|
| Misconduct | 54 | 51 | 56 | 54 | 26 | 241 |
|-----------------------------+------+------+------+------+------+-------|
| Unsatisfactory Attendance | 18 | 20 | 43 | 29 | 27 | 137 |
|-----------------------------+------+------+------+------+------+-------|
| Unsatisfactory Performance | 25 | 9 | 8 | 29 | 4 | 75 |
|-----------------------------+------+------+------+------+------+-------|
| Convictions Board | | 19 | 44 | 41 | 21 | 125 |
|-----------------------------+------+------+------+------+------+-------|
| Adverse Probation | | | 4 | 6 | 4 | 14 |
|-----------------------------+------+------+------+------+------+-------|
| Total | 164 | 124 | 195 | 203 | 128 | 814 |
+------------------------------------------------------------------------+

This information should be considered in the context of the overall size
of the MPS, which has grown in recent years to a total in excess of 53,000
police officers and police staff. Accordingly the number of police
officers and police staff who have been subject to disciplinary procedures
and subsequently had the alleged breach of discipline upheld against them
is a small percentage.

The MPS expects its staff to behave professionally, ethically and with the
utmost 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 230 5192 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 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/Ms Andrews

Freedom of Information Request Reference No: 2010020000450

I write in connection with your letter dated [if request was dated, insert
date on the request] requesting that the Metropolitan Police Service (MPS)
review its response dated [ insert response date] to your request for
information relating to:

* FOIA complaint on existing case - ref 2009120001514.

I have identified the issues raised in your letter.

The review will be conducted in accordance to the MPS's complaints
procedure. The MPS endeavour to respond to your complaint by 03/03/2010.

Should you have any further inquiries concerning this matter, please
contact Andrew Yi on telephone number 02071613588 or at the address at the
top of the letter quoting the reference number above.

Thank you for your interest in the MPS.

Yours sincerely

Andrew Yi
FOIA Publication Scheme Manager

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. Andrews

Freedom of Information Request Reference No: 2010020000450

I am now able to provide a response to your complaint dated 01/02/2010
concerning:

FOIA complaint on existing case - ref 2009120001514.

"I do not agree with the application of the exemption used in preventing
the disclosure of the information requested.

I believe it is firmly in the public interest that those officers which
have been found to have breached disciplinary or criminal matters should
be known to the public.

I believe this so for the same reason that it is in the public interest
that members of the public, have information in connection with criminal
matters publically announced.

If is more important that the public are a aware of officers with such
marks against their conduct.

I would also request that the information provided, catagories of offences
is setout in a clear fashion. I cannot understand the way in which you
have laid out the information."

DECISION

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

Uphold the original decision

REASON FOR DECISION

After having reviewed the original request and response the MPS have
decided to uphold the original decision provided. Although we appreciate
you are unhappy with the non-disclosure for the first part of you request,
on review I find the reasoning and explanations given are sound and
robust.

With regards to your comments about the lay out of the categories of
offences information, I find the categories provided were in a clear and
accessible format.

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 0207 161 3600 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Andrew Yi
FOIA Publication Scheme Manager
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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