Dear Sir or Madam,

I am the father of Edward Tomkiss (aged 17) of The Old Smithy,
Marton WELSHPOOL. I have been made aware that Edward has been
stopped by traffic officers on more than a few occasions since he
'passed his test' in March, both as a driver of his car and as a
passenger. If this is true could you quantify the number of
occasions that this has happened and qualify the reasons for these
'stoppings'.

Yours faithfully,

Michael Tomkiss

Dear Mr Tomkiss

FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 1565

I write in connection with your request for information which was dated
and received on 17th September 2008. Please find below the response to
your request:

* I am the father of Edward Tomkiss (aged 17) of The Old Smithy,
Marton WELSHPOOL. I have been made aware that Edward has been stopped by
traffic officers on more than a few occasions since he 'passed his test'
in March, both as a driver of his car and as a passenger. If this is
true could you quantify the number of occasions that this has happened
and qualify the reasons for these

'stoppings'.

REPLY: Section 1 of the Freedom of Information Act 2000 (FOIA) places
two duties on public authorities. Unless exemptions apply, the first
duty at s1 (1) (a) is to confirm or deny whether the information
specified in a request is held. The second duty at s1 (1) (b) is to
disclose information that has been confirmed as being held.

Where exemptions are relied upon section 17 of FOIA requires that we
provide the applicant with a notice which: a) states that fact b)
specifies the exemption(s) in question and c) states (if that would not
otherwise be apparent) why the exemption applies.

West Mercia Constabulary can neither confirm nor deny that it holds
information relevant to your request as the duty in s1 (1) (a) of the
Freedom of Information Act 2000 does not apply, by virtue of the
following exemption:

Section 40(5) Personal Information

This refusal should not be taken to mean that the information you have
requested exists or does not exist.

Section 40 is a classed based absolute exemption and therefore there is
no need to explain the public interest considerations in this area.

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

Should you have any further enquiries concerning this matter, please
write or telephone the Information Compliance Unit quoting the reference
number above.

Yours sincerely

Mr B McDermott

FOI Officer

Information Compliance Unit

Information Management and Technology Department

West Mercia Constabulary

PO Box 55

Hindlip

Worcester

WR3 8SP

01905 331545 / 331565

West Mercia Constabulary in complying with their statutory duty under
sections 1 and 11 of the Freedom of Information Act 2000 to release the
enclosed information 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 The Force Solicitor, West
Mercia Constabulary Headquarters, PO Box 55, Hindlip, Worcester, WR3
8SP.

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 West Mercia Constabulary (WMC) to review
their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the person 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 person named 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
WMC made under the Freedom of Information Act 2000 (the Act) regarding
access to information, you can lodge a complaint with WMC to have the
decision reviewed. WMC must be notified of your intention to complain
within 2 months of the date of its response to your Freedom of
Information request. Complaints should be made in writing and addressed
to:

West Mercia Constabulary Headquarters

Professional Standards Department

Hindlip Hall

Hindlip

PO Box 55

Worcester

WR3 8SP

In all possible circumstances, WMC will aim to respond to your complaint
within 2 months.

The Information Commissioner

After lodging a complaint with WMC 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 545700

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