Dear Sir or Madam,

I am writing to enquire about the total number of searches carried
out by the Metropolitan Police in January 2009, as a result of the
subject practising photography.

I am also further enquiring about the total number of subsequent
arrests under terrorism legislation following information
identified in the above searches.

Yours faithfully, Michael Scott

Dear Mr Scott

Freedom of Information Request Reference No: 2009050000840
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 06/05/2009. I note you seek
access to the following information:

* "I am writing to enquire about the total number of searches carried
out by the Metropolitan Police in January 2009, as a result of the
subject practising photography."
* " I am also further enquiring about the total number of subsequent
arrests under terrorism legislation following information identified
in the above searches."

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 me by email, quoting the reference number above.

Yours sincerely

Katie London
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 Mr Scott

Freedom of Information Request Reference No: 2009050000840
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 06/05/2009. I note you seek
access to the following information:
** I am writing to enquire about the total number of searches
carried out by the Metropolitan Police in January 2009, as a result of the
subject practising photography.
** I am also further enquiring about the total number of subsequent
arrests under terrorism legislation following information identified in
the above searches..

DECISION

Before I explain the reasons for the decision I have made in relation to
your request, I thought that it might assist you if I outline the
parameters set out by the Freedom of Information Act 2000 (the Act) within
which a request for information can be answered.

The Freedom of Information Act 2000 creates a statutory right of access to
information held by public authorities. A public authority in receipt of a
request must, if permitted, confirm if that public authority holds the
requested information and, if so, then communicate that information to the
applicant.

The right of access to information is not without exception and is subject
to a number of exemptions, which are designed to enable public authorities
to withhold information that is not suitable for release. Importantly, the
Act 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.

I have considered your request for information within the provisions set
out by the Freedom of Information Act 2000.

In relation to my first duty under the Act, which is to confirm if the
requested information is held by the MPS, I can confirm that I have
located information relating to your request

In relation to my second duty under the Act, which is to provide the
requested information to you, I have carefully considered your request and
decided not release the information to you.

In accordance with the Freedom of Information Act 2000, this letter acts
as a Refusal Notice.

REASONS FOR DECISION
This letter is to inform you that it will not be possible to respond to
your request within the cost threshold. There is no specific code on the
Stops database that specifically relates to searches involving
photographers, the MPS would therefore have to conduct a manual search of
the free text wording of every individual stop & search form to identify
the information you require. With an average of over 42,000 stops per
month in 2008 (using the figures published on the MPS Internet site) and
with each search taking between 1 and 2 minutes we estimate that the cost
of complying with this request would exceed the appropriate limit. We
estimate that the cost of complying with this request would exceed the
appropriate limit. The appropriate limit has been specified in regulations
and for agencies outside central Government; this is set at **450.00.
This represents the estimated cost of one person spending 18 hours [at a
rate of **25 per hour] in determining whether the MPS holds the
information, and locating, retrieving and extracting the information.

There were over 30,000 PACE and other stop and searches in January 2009,
together with more than 18,000 Section 44 stops. In addition there was in
excess of 56,000 stop and accounts recorded as detailed in the document to
which I have provided the link below which is available on the MPS
Internet site.

http://www.met.police.uk/foi/pdfs/priori...

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 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.

Under Section 16 (duty to assist) we are required to offer you the
opportunity to redefine your request within the cost limit. Therefore, we
invite you to redefine your request within three months from the date of
this letter. If we do not hear from you by the 5 August 2009 we will
treat this request as withdrawn.

I have enclosed some links about Section 44 I hope you find useful. There
is also information about Stop and Search figures on the MPS Publication
Scheme and website.

http://www.justice.gov.uk/docs/arrests-r...

http://www.justice.gov.uk/docs/stats-rac...

http://www.justice.gov.uk/docs/arrests-r...

http://www.homeoffice.gov.uk/security/te...

http://www.homeoffice.gov.uk/rds/pdfs09/...

To access other information on the Publication Scheme please visit our
website at www.met.police.uk.

Alternatively you may contact the Publication Scheme Co-ordinator using
the following details:

The Publication Scheme Co-ordinator
Public Access Office
PO Box 57192
London
SW6 1SF
E-mail: [email address]

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 Gill Brown on telephone number 0207 230 2401 quoting the
reference number above.

Yours sincerely

Gill Brown
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

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