Scheme of Delegation document

Derbyshire Constabulary did not have the information requested.

Dear Derbyshire Constabulary,

Please provide me with a link to the url on your website to the document known as the Scheme of Delegation pursuant to paragraph 13.25 of the IOPC Statutory Guidance.

Also please provide me a copy of this document dating from from January 2012

Yours faithfully,

Joey Smith

Freedom of Information Office, Derbyshire Constabulary

Dear Mr Smith,

 

FREEDOM OF INFORMATION REQUEST

 

I write in connection with your request for information as shown below.

 

Please provide me with a link to the url on your website to the document
known as the Scheme of Delegation pursuant to paragraph 13.25 of the IOPC
Statutory Guidance.

 

Also please provide me a copy of this document dating from from January
2012

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You should expect to 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 Derbyshire Constabulary may be unable
to achieve this deadline. If this is likely you will be informed and given
a revised timescale at the earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make payment then your request will remain
unanswered.

 

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.

 

Should you have any further enquiries concerning this matter, please write
or contact the Freedom of Information Officer, on the telephone number
below quoting the reference number shown in the header of this e-mail.

 

Yours sincerely,

 

Tara Swainson-Jenkins

Disclosure Assistant

Freedom of Information Unit 

Information Management Department

Derbyshire Constabulary, Butterley Hall, Ripley, Derbyshire DE5 3RS

Tel: 0300 122 8752 (Internal 17394)

Email: [1][email address]

Website: [2]www.derbyshire.police.uk

 

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does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage.

 

WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [3]http://www.derbyshire.police.uk

 

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or any other data corruption, interception, unauthorised amendment or
delay.

 

 

References

Visible links
1. mailto:[email address]
2. http://www.derbyshire.police.uk/
3. http://www.derbyshire.police.uk/

Freedom of Information Office, Derbyshire Constabulary

2 Attachments

Mr Smith

 

Thank you for making a Freedom of Information request to the Derbyshire
Constabulary.

 

Please find attached our response.

 

Yours sincerely

 

 

Kevin Lea

Freedom of Information Officer

Information Management, Derbyshire Constabulary, Police Headquarters,
Butterley Hall, Ripley, Derbyshire.  DE5 3RS

Tel: 101   Direct Dial: 0300 122 5487 

Email: [1][email address]

Web: [2]http://www.derbyshire.police.uk

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Dear Derbyshire Constabulary,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Derbyshire Constabulary's handling of my FOI request 'Scheme of Delegation document'.

Your decision does not provide an adequate response withint the meaning of the FOIA. it was said:

"Following receipt of your request, searches were conducted within Derbyshire Constabulary
to locate any relevant information. The searches did not locate information relevant to your
request. As a consequence I am unable to provide the document sought".

"However, I am able to state that the Constabulary did develop and disseminate such a
scheme as stated within the then IPCC Statutory Guidance (required from November 2012)
and later revised 2015 Guidance with the devolved responsibility falling to its Assistant Chief
Constables".

The first paragraph could be taken as you "do not hold" the information for the purposes of s.1((1) FOIA. However, paragraph 2 of the above says you do hold the information.

Please clarify whether you do or do not hold the information. Please provide the searches you have carried out to conclude you forth coming Internal Review. Or, if you uphold the original decision the searches that were carried out to draw the conclusion of the two above paragraphs.

Yours faithfully,

Joey Smith

Freedom of Information Office, Derbyshire Constabulary

Dear Mr Smith,

 

I acknowledge receipt of your email of 29^th November requesting that
Derbyshire Constabulary review its response to your request.

 

The review will be conducted in accordance to Derbyshire Constabulary’s
review procedure and every effort will be made to have a response to you
by 28^th December , however, if it becomes clear that the review will not
be completed by this date you will be contacted.

 

If you wish to discuss this matter prior to Derbyshire Constabulary’s
response please contact me.

 

Kind Regards,

Melissa Cox

Disclosure Assistant

Freedom of Information Unit

Information Management Department

Derbyshire Constabulary

Butterley Hall, Ripley, Derbyshire, DE5 3RS

Tel: 0300 122 8752 (Internal 16937)

Email: [1][email address]

Web: [2]http://www.derbyshire.police.uk

 

 

 

PLEASE NOTE: This e-mail message is intended solely for the person to whom
it is addressed and may contain information of a confidential or legally
privileged nature which should not be disclosed. If you have received this
message in error, please notify the sender immediately and delete the
message and any attachments or copies. Any review, re-transmission,
dissemination or other use of, or taking action in reliance upon, this
message by persons or entities other than the intended recipient is
prohibited. Any views or opinions expressed in this e-mail are solely
those of the author and do not necessarily represent the views of
Derbyshire Constabulary or any other person and Derbyshire Constabulary
does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage.

 

WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [3]http://www.derbyshire.police.uk

 

WARNING: E-mail may be susceptible to data corruption, interception,
viruses, unauthorised amendments and unforeseen delays. All e-mail has
been scanned for viruses, but Derbyshire Constabulary cannot accept
liability for any loss or damage incurred as a result of virus infection
or any other data corruption, interception, unauthorised amendment or
delay.

 

 

References

Visible links
1. mailto:[email address]
2. http://www.derbyshire.police.uk/
3. http://www.derbyshire.police.uk/

Freedom of Information Office, Derbyshire Constabulary

Mr Smith

 

Thank you for your email.  From reading it I am sorry that my response
appears to have caused some confusion and in order to best provide a
coherent response could I intern seek some clarification as to what it is
you require.

 

As you will be aware the FOIA:

 

•      Covers records capable of recovery in any form.

•      Covers information not data or documents.

•      Covers information in any format, no matter how it is recorded.

•      Is fully retrospective: as long as the public authority has the
information, it must be considered to fall within the scope of the
request.

 

All information, no matter how recorded, is subject to the FOIA.  This
includes written records, typed, handwritten, scribbled

notes, e-mails, flip-charts, videos, audio tapes, computer tapes, logs,
answer phone messages, tapes of telephone conversations

and archived records.

 

As you will have picked up for ‘information’ to fall within an FOIA it
request has to be recorded and held - the format in which this is done is
immaterial.   In this respect my response to you was correct in that
searches within ACPO, PSD and PCC records were negative, i.e. the
information was not recorded/held.

 

However, in conducting those searches I became aware that irrespective of
the above the Constabulary had developed a scheme and devolved the
responsibility down to its ACC’s.  There is no written record of this held
(hence the above) but it has operated since November 2012 to date.  Under
my Section 16 duty to assist I thought that by stating this it would show
compliance, accountability and transparency.

 

Hopefully this has better laid out the rationale for my response and
cleared any confusion.  On that basis could you please indicate if you
still require an internal review and if so on what criteria.

 

I look forward to your response.

 

Yours sincerely

 

Kevin Lea

Freedom of Information Officer

Information Management, Derbyshire Constabulary, Police Headquarters,
Butterley Hall, Ripley, Derbyshire.  DE5 3RS

Tel: 101   Direct Dial: 0300 122 5487 

Email: [email address]

Web: http://www.derbyshire.police.uk

 

 

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Dear Freedom of Information Office,

Please confirm pursuant to s.1(1) whether or no the information is held. It does not suffice to say there is one but it is invisible.

Yours sincerely,

Joey Smith

Freedom of Information Office, Derbyshire Constabulary

Mr Smith

As I've already stated the information is not held.

Kevin Lea
Freedom of Information Officer
Information Management, Derbyshire Constabulary, Police Headquarters, Butterley Hall, Ripley, Derbyshire.  DE5 3RS
Tel: 101   Direct Dial: 0300 122 5487 
Email: [email address]
Web: http://www.derbyshire.police.uk

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