Noise Generating Devices Medical Reports

Dear Ms Hughes

Thank you for your request under the Freedom of Information Act 2000.

We are dealing with your request and will respond in due course.

Thank you for your patience.

Yours sincerely

____________________
Cynthia Coleman
Metropolitan Police Authority
Assistant Information Officer

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Dear Ms Hughes,

Thank you for your request under the Freedom of Information Act 2000.

The Authority does not hold any documentary evidence relating to your request. I have therefore transferred your request to the Metropolitan Police Service who should hold the requested information.

You should hear from them shortly.

Yvonne Peart
Information Office

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Dear Ms Hughes,

Freedom of Information Request Reference No: 2010040002822
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 13/04/2010. I note you seek
access to the following information:

* "Patten report recommendation 69and 70 relating to public order
equipment, foreword by Jane Kenndy I would like all documentation on
noise devices that you have brought and I would like a full medical
report on each one,I would all so like the documents on how you tested
them and how you intend to use themso that I can understand how a
noise devices can damage your lungs."

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
contact Katie London by email, 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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Dear Ms. Hughes

Freedom of Information Request Reference No: 2010040002822

I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 13/04/2010. I note
you seek access to the following information:

* "Patten report recommendation 69 and 70 relating to public order
equipment, foreword by Jane Kenndy I would like all documentation on
noise devices that you have brought and I would like a full medical
report on each one,I would all so like the documents on how you tested
them and how you intend to use themso that I can understand how a
noise devices can damage your lungs. . "

Please see the below MPS response in relation to 2010040002822: Noise
generating devices medical reports

Please note that this response is being sent to you by the Metropolitan
Police Service, not the Metropolitan Police Authority to whom you
originally sent this request. This is because the Metropolitan Police
Authority has transferred this request to the Metropolitan Police Service
as they hold no relevant information. The MPA replied to you by email on
the 13th of April to inform you of this.
The MPS therefore received this request on the 13th of April, and we sent
you an acknowledgement email on the 14th of April to inform you that the
MPS were now dealing with your request.
I see that on the 16th April you submitted to the MPA a request for an
internal review as you believed you had not yet received a response;
unfortunately, this request for review has been sent directly to the MPS
rather than the MPA. However, as noted above the MPA had already responded
to you on the 13th April to inform you that they held no information.
As the MPS is a separate public authority to the MPA, this means that a
new 20 day deadline for your request to the MPS began when we received the
request from the MPA on the 13th April; therefore, the 20 day deadline has
not yet been reached in the case of this request and the MPS will not
instigate an internal review at the present time. The final decision in
respect of this request is given below.

DECISION
In the period from the 4th March 2010 to 13th April 2010, the MPS has
received 5 requests from you including two which were transferred to the
MPS from the Metropolitan Police Authority. Each of these requests
contains multiple questions on the subject of the use of firearms and less
lethal technologies. The requests you have made are as follows:

* 4 March 2010: "The Sticky shocker projectile": MPS reference number
2010030000982
* 16 March 2010: "Training courses given by Raytheon to police
officers": MPS reference number 2010030003861
* 17 March 2010: "The Annual Coasted Training Plan 2004/5": MPS
reference number 2010030003861
* 23 March 2010: "Patten report recommendation 69/70 non-lethal
weapons": MPS reference number 2010030005562
* 13 April 2010: "Noise Generating Devices Medical Reports": MPS
reference number 2010040002822
* It is my decision that your five requests are all requests for
information about the use of firearms and less lethal technologies,
and that they should therefore be aggregated in accordance with the
provisions of the Freedom of Information and Data Protection
(Appropriate Limit and Fees) Regulations 2004. The Regulations allow
that when multiple requests for the same or substantially similar
information are received within a short period of time, a public
authority may aggregate the requests, and take into account the cost
that would be incurred in responding to them all. For this reason, it
is my decision that the time needed to determine whether information
is held in respect of these five requests would exceed the cost
threshold of 18 hours/**450. This letter therefore serves as a refusal
notice for the following request:
* 13 April 2010 (Request transferred to the MPS from the Metropolitan
Police Authority): "Noise Generating Devices Medical Reports": MPS
reference number 2010040002822
* Patten report recommendation 69and 70 relating to public order
equipment, foreword by Jane Kenndy

1. I would like all documentation on noise devices that you have brought
and
2. I would like a full medical report on each one,
3. I would all so like the documents on how you tested them and
4. how you intend to use them so that I can understand how a noise devices
can damage your lungs

Full details of the refusal notice and the relevant sections of the
Freedom of Information Act and the Fees Regulations are provided in the
Legal Appendix section below. However, in order to assist I have provided
a number of links to documents that provide information which may be
relevant to your requests, and may help you to focus future requests on
specific information held by the MPS - they also indicate that firearms
and less lethal technologies used by the police service must first be
approved by the Home Office, who conduct research into the use and effects
of both firearms and less lethal technologies and may therefore hold
further information on this subject.

Please be aware that should you wish to make further requests to the MPS
on the subject of firearms and less lethal technologies, you should allow
60 working days from the date of this response before doing so - any
further requests made on these subjects within this time period will be
aggregated with your requests which have already been received.

The relevant links are as follows:

Parliamentary statement on less lethal technologies used by the police
service:

Police: Weapons: 21 June 2007
http://www.publications.parliament.uk/pa...

Home Office publications:

Police equipment and technology
http://scienceandresearch.homeoffice.gov...

Operational policing: police use of firearms
http://police.homeoffice.gov.uk/operatio...

The following reports, submitted by the MPS to the MPA and published on
the MPA website, provide a history and costs of less lethal technologies
used by the MPS. They also refer to the research conducted into these
technologies by the Home Office:
"MPS position on 'less lethal' technology and options": 28 February 2002
http://www.mpa.gov.uk/committees/mpa/200...

Introduction of the 'Baton Gun' weapon system as a 'less lethal' option:
27 June 2002
http://www.mpa.gov.uk/committees/mpa/200...

Introduction of the 'baton gun' weapon system as a 'less lethal' option:
19 July 2002
http://www.mpa.gov.uk/committees/x-cop/2...

Introduction of the taser (electronic stun gun) as a less lethal option: 4
April 2003
http://www.mpa.gov.uk/committees/x-cop/2...

MPA support for stun gun as less lethal option: 4 April 2003
http://www.mpa.gov.uk/news/press/2003/03...

Update on the use of Taser: 9 June 2006
http://www.mpa.gov.uk/committees/x-cop/2...

Conversion to the x26 Taser: 27 September 2007
http://www.mpa.gov.uk/committees/x-cop/2...

Taser trial final report: 2 April 2009
http://www.mpa.gov.uk/committees/sop/200...

LEGAL APPENDIX

The Freedom of Information and Data Protection (Appropriate Limit and
Fees) Regulations 2004 section (4) sets out that the public authority can
take account of the following factors in determining the costs incurred in
relation to the request:
(a) determining whether it holds the information,
(b) locating the information, or a document which may contain the
information,
(c) retrieving the information, or a document which may contain the
information, and
(d) extracting the information from a document containing it.

This letter therefore serves as a refusal notice for the information you
have requested under section 17(5) of the of Information Act:
17 (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 (1) of the Act states:
12 (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.
In cases where it would exceed the appropriate limit even to determine
whether the requested is held, section 12(2) is also relevant:
12 (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.
Section 12(4) provides that multiple requests for similar information may
be aggregated:
12 (4) The Secretary of State may by regulations provide that, in such
circumstances as may be prescribed, where two or more requests for
information are made to a public authority -
(a) by one person, or
(b) by different persons who appear to the public authority to be acting
in concert or in pursuance of a campaign,
the estimated cost of complying with any of the requests is to be taken to
be the estimated total cost of complying with all of them.

Regarding the aggregation of related requests, the Freedom of Information
and Data Protection (Appropriate Limit and Fees) Regulations 2004 section
5 (1) and (2)also states:

5 (1) In circumstances in which this regulation applies, where two or more
requests for information to which section 1(1) of the 2000 Act would,
apart from the appropriate limit, to any extent apply, are made to a
public authority -
(a) by one person, or
(b) by different persons who appear to the public authority to be acting
in concert or in pursuance of a campaign,
the estimated cost of complying with any of the requests is to be taken to
be the total costs which may be taken into account by the authority, under
regulation 4, of complying with all of them.

(2) This regulation applies in circumstances in which-
(a) the two or more requests referred to in paragraph (1) relate, to any
extent, to the same or similar information, and
(b) those requests are received by the public authority within any period
of sixty consecutive working days.

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
contact me at [email address] quoting the reference number
above.

Yours sincerely

Louise Lander
Higher Information 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 1TR

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