Assistant Chief Constable David Hartley Statement on SYP attendance at Tree Feeling Works

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai South Yorkshire Police fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear South Yorkshire Police,

On 23rd February 2018 Assistant Chief Constable David Hartley appeared on Radio Sheffield with Toby Foster. Regarding this appearance on the radio show, please provide the following:

1. A copy of the initial outreach communication record by either Radio Sheffield or SYP and the other parties response in organizing and co-ordinating this booking. Please then provide the rest of the communications records related to this appearance.

2. Please provide any records, documents and information supplied to Assistant Chief Constable David Hartley in preparation for the appearance on Radio Sheffield as listed in item 1 above;



3. Please provide a copy of any records between Assistant Chief Constable David Hartley, or any other relevant party that have fed information back to Assistant Chief Constable David Hartley regarding tree felling works with Amey and or Sheffield City Council from December 2017 through to the present (at minimum 24th February).

Additionally, regarding the release of a statement published by Assistant Chief Constable David Hartley on the SYP website and facebook:

In the opening paragraph the statement reads as:

"Following the announcement from Amey Plc that tree felling in Sheffield will begin in the coming days, Assistant Chief Constable David Hartley explains why there will be a higher level of police presence at the sites."

4. Please provide the date and any records from Amey or Sheffield City Council where SYP were informed "tree felling in Sheffield will begin in the coming days"

"and maintain our approach of meeting all parties involved to explain our role and thresholds for action."

5. In response to FOI 20180109 SYP police stated there had been one non-minuted meeting between SYP and or Amey to discuss the removal of protestors by force. Please provide dates of ALL meetings between SYP and Amey and or Sheffield City Council. Between December 2017 through to the present (at minimum 24th February).



6. Any and all agendas and records for any meetings between SYP and Amey and or Sheffield City Council as listed in item 5 above;



6.1 Any and all notes and records from any meetings between SYP and Amey and or Sheffield City Council as listed in item 5 above;



6.2 Any and all presentations and records distributed, displayed, and/or otherwise
disseminated between SYP and Amey and or Sheffield City Council as listed in item 5 above;



6.3 Any and all feedback as a record from those in attendance on behalf of SYP to any other staff member within SYP as listed in item 5 above.

For purposes of this request, the term “record” and "records" shall mean: 



(1) any written,
printed, or typed material of any kind, including without limitation all correspondence, memoranda, notes, messages, letters, cards, facsimiles, papers, forms, messages, diaries, schedules, calendars, chronological data, minutes, books, reports, charts, lists, ledgers, printed
matter, prospectuses, statements, statistics, surveys, agreements, transcripts, magazine or newspaper articles, or press releases; 



(2) any electronically, magnetically, or mechanically stored material of any kind, including without limitation all electronic mail or e-mail;



(3) any graphic materials and data
compilations from which information can be obtained; and



(4) any materials using other
means of preserving thought or expression.

Yours faithfully,

Marcus Combie

FOI, South Yorkshire Police

Dear Mr Combie

Ref : FOI 20180371

I apologise for the delay in getting this response to you I am aware we are approaching the response date.

I have been waiting for various departments who record and hold this data to return to me.

I will endeavour to have the request completed as soon as possible. If it appears there may be any further delays you will be kept informed.

Louise Holmes
Information Compliance Clerk

South Yorkshire Police
Information Compliance Unit
Unit 20
Churchill Way
Sheffield
S35 2PY

Email - [email address]

dangos adrannau a ddyfynnir

Dear FOI,

You're email is slightly confusing couple with recent statements in the press in response to Lord Scriven.

My request was submitted on 23 February 2018, by the sound of your email it seems you have STILL not received information requisition from the departments holding it.

Given South Yorkshire Police's recent statements to the press regarding openness and transparency - I would hope the departments requested would be proactive. In this light I wish that you send a reminder to those departments who still hold outstanding information the 2000 Freedom of Information act.

If there is any delay past the 20 working day stipulation as set out in the 2000 Freedom of Information act, please make me aware of which department is delaying release of information so I can submit a complaint with South Yorkshire Police.

Any delay past 20 working days where no exceptional circumstances are given will result in South Yorkshire Police waiving their right to an internal review and may lead to immediate referral to the Information Commissioner.

Yours sincerely,

Marcus Combie

FOI, South Yorkshire Police

1 Atodiad

 

Dear Marcus Combie

 

Please find attached our response to your Freedom of Information request. 

 

Regards

 

Louise Holmes

South Yorkshire Police

Information Compliance Unit

Professional Standards Department

Unit 20 Sheffield 35A Business Park

Churchill Way

Sheffield

S35 2PY

 

Email - [1][South Yorkshire Police request email]

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Dear FOI,

In your holding response to me on the you stated:

"I have been waiting for various departments who record and hold this data to return to me.

I will endeavour to have the request completed as soon as possible. If it appears there may be any further delays you will be kept informed."

It in your review decision you now state:

"In balancing these factors, it is important to state that the publication strategy for Operation
Quito was drafted prior to the date of the above request made to SYP.

The strategy states that Communications, Strategy & Policy, Decision Making, Finances,
Staffing, Complaints etc will be provided at a date when all proceedings relating to the
operation have been determined as been completed or figures finalised. "

Why has it taken so long to provide this review when the strategy was known before this request and before operation Quito.

Yours sincerely,

Marcus Combie

FOI, South Yorkshire Police

[1][FOI #466968 email]

 

Dear Mr Combie

 

With reference to your email of 5 April 2018 relating to our response to
the FOI response you were provided with on 4 April 2018.

 

I note that you have not specifically asked for the initial decision to be
reviewed, but you have submitted a question in respect of the delay in
responding to the request.

 

Why has it taken so long to provide this review when the strategy was
known before this request and before operation Quito.

 

The delay in responding to this request is due to the need to ensure that
all relevant information has been located, reviewed and assessed against
the publication strategy.  This is to identify any potential information
that falls outside of the strategy that would need to be considered for
disclosure at the time the request was made.

 

We are currently reviewing all the information that has been located and
preparing the first documents that will be disclosed under the publication
strategy, although the time scale for this is not yet known due to the
complexities of this case.

 

If you are still dissatisfied with how your request has been handled, you
can raise this with the Information Commissioner.  Contact details below:
-

 

Information Commissioner’s Office

Water Lane

Wilmslow,

Cheshire, SK9 5AF.

Telephone: 08456 306060 or 01625 545745

Website: [2]www.ico.org.uk

 

 

 

 

Yours sincerely

 

 

 

Gillian Bower-Lissaman

Information Compliance Officer

South Yorkshire Police

Information Compliance Unit

Performance and Governance

Unit 20 Sheffield 35A Business Park

Churchill Way

Sheffield

S35 2PY

 

Email – [email address]

 

 

Please note that police forces in the United Kingdom are routinely
required to provide information and statistics to government bodies and
the recording criteria is set nationally.  However, the systems used for
recording these figures are not generic, nor are the procedures used
locally in capturing the data.  It should be noted that for these reasons
this forces response to your questions should not be used for the
comparison purposes with any other response you may receive.

 

South Yorkshire Police provides you the right to request a re-examination
of your case under its review procedure (copy enclosed). If you decide to
request such a review and having followed the Constabulary’s full process
you are still dissatisfied, then you have the right to direct your
comments to the Information Commissioner who will give it consideration.

 

The South Yorkshire Police 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 Legal Services, South Yorkshire Police,
Police Headquarters, Carbrook House, 5 Carbrook Hall Road, Sheffield, S9
2EH.

 

 

 

 

SYP Alerts offers information about local policing issues by text, email
or voice message. Sign-up now at www.sypalerts.co.uk #SignMeUp

References

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2. http://www.ico.org.uk/

Dear FOI,

Please conduct an internal review into this request and the information that has now been disclosed under the publishing regime. Many aspects of my requests have not ben fulfilled under the publishing regime.

After comprehensively reading the disclosure, the following elements related to my request are missing.

********************

1. A copy of the initial outreach communication record by either Radio Sheffield or SYP and the other parties response in organizing and co-ordinating this booking. Please then provide the rest of the communications records related to this appearance.

2. Please provide any records, documents and information supplied to Assistant Chief Constable David Hartley in preparation for the appearance on Radio Sheffield as listed in item 1 above;



South Yorkshire Police has failed to comply with the Freedom of Information Act Section 1, and the duty to inform the applicant whether or not information is held. This information is absent from the disclosure.

From op-quito-emails-feb-2018.pdf there are only TWO emails before the date 23rd February 2018 when Assistant Chief Constable David Hartley appeared on Radio Sheffield.

They are as follows:

From David Hartley - 08th February 2018 - OPS MEETING
To David Hartley <date missing> - Tactical plan

********************

In relation to the publication strategy, that was linked to me in SYP response to this FOI.

South Yorkshire Police states in the publication strategy regarding Communications, and Internal Communications. An quantity of internal communications are missing from disclosure. These communications would relate to the media teams interaction with the press during operation Quito, and published statements on various social media channels by South Yorkshire Police.

During operation Quito there were numerous press releases and statements made on SYP social media account. From the information provided there is no record of how these press release were made or the internal communications behind them.

Yours sincerely,

Marcus Combie

FOI, South Yorkshire Police

1 Atodiad

Marcus Combie

[1][FOI #466968 email]

 

Dear Mr Combie

 

Freedom of Information Internal Review 20181491 (Request 20180371)

 

With reference to your correspondence relating to your FOI request,
reference 201800371.  You have advised that there is no information
contained in the disclosure in respect of the arrangement of ACC Hartley’s
appearance on Radio Sheffield.

 

I accept that the contents of the correspondence constitute an appeal
following an expression of dissatisfaction following the responses that
was sent to you.  In my position as the Force Data Protection Officer, I
am independent of the original decision making process

 

Review of the Original Decision

 

1.  A copy of the initial outreach communication record by either Radio
Sheffield or SYP and the other parties response in organizing and
co-ordinating this booking. Please then provide the rest of the
communications records related to this appearance.

 

I have made enquiries with the relevant department in respect of question
1 of your request and can advise that there is no recorded information
held in relation to this question.

 

2.  Please provide any records, documents and information supplied to
Assistant Chief Constable David Hartley in preparation for the appearance
on Radio Sheffield as listed in item 1 above;

 

In respect of question 2 of your request please find attached a document
that was provided to Mr Hartley prior to his appearance.

 

 

RESPONSE

 

Section 17 of the Freedom of Information Act 2000 requires South Yorkshire
Police, when refusing to provide such information (because the information
is exempt), to provide you the applicant with a notice which:  

 

a.    states that fact,

b.    specifies the exemption in question and

c.    states (if that would not otherwise be apparent) why the exemption
applies.

 

The following exemption applies to the disclosure of the information:

 

Section 40(2) Personal Information

This is an absolute exemption and therefore a Public Interest Test is not
relevant.

However, for clarity, I will explain my rationale for engaging this
exemption.

 

Section 40(2) provides that information is exempt if it is the personal
data of someone other than the applicant and disclosure would breach any
of the data protection principles. The term ‘personal data’ means data
that relates to a living individual who can be identified.

Information disclosed under the Freedom of Information Act is disclosed
into the public domain, effectively to the world, not just to one
individual. This would be breaching the right to privacy afforded to
persons under the Data Protection Act 1998

 

 

Section 30(1)(a) Investigations and Proceedings conducted by the Local
Authority

 

It is important to stress that when a disclosure is made under the Freedom
of Information Act, it is a disclosure to the world and not to a single
individual. In view of this, we may publish information released under the
Freedom of Information Act on our website in order that any member of the
public who may wish to view the information can have access to it.

 

Any release of such information that may be involved in ongoing operations
such as Op Quito (or Testate) could compromise the effectiveness of the
operation, further lines of enquiry and the integrity of any
investigations that may be ongoing.

Disclosing details could also be viewed by those involved, living or
working in the community as a breach in confidentiality. This could
jeopardise the safety of the general public and SYP staff as well work
done within communities to increase the public’s confidence in reporting
and giving assistance to the Force. In turn it could lead to more crimes
being committed which would impact on police resources and place
individuals at risk – including those reporting incidents, victims,
witnesses etc.

 

PUBLIC INTEREST TEST

 

Section 30 – Favouring non- Disclosure

 

·         Any current and/or future investigations could be compromised,
by the release into the wider public domain of details concerning
individuals involved.

·         Individuals may be reluctant to come forward and provide
information if they believe that details relating to the investigation
could be released, via an FOI request, whilst an enquiry is ongoing.

·         Any disclosure of information relating to an ongoing
investigation would compromise the right for any individual(s) identified
from such an investigation to have a fair hearing, and more importantly
the rights of a complainant(s) for a resolution

 

Section 30 – Favouring disclosure

 

·         The public would have a better understanding of how
investigations are conducted by South Yorkshire Police and the public
funds used to investigate such cases.

·         The publishing of information into the public domain, could lead
to more people coming forward with information in respect to incidents in
their community

 

Balancing Test

 

I have carefully considered your request for information. The key test
when considering the public interest is to establish whether in all the
circumstances of the request, the public interest in disclosing the
information is not outweighed by that in maintaining the exemption

 

The Police Service is charged with enforcing the law, the prevention and
detection of crime

and protecting the public. Whilst there is a public interest in the
transparency of policing

functions and operations and also providing assurance that the police
service is

appropriately and effectively resourced in order to enforce the law, there
is also a strong

public interest in the safeguarding the public in the communities they
live and work.

 

The Tree felling program is a matter of great public interest and, there
has been much  media attention, incidents and criticisms directed towards
SYP and their involvement

along with a need for transparency of decision making which could weigh
strongly in favour of disclosing.

 

I am of the opinion that the strongest reason for withholding information
is that due to the relatively recent time parameters, investigations and
enquiries may still be continuing. As well as a very real and significant
public interest in protecting the longstanding principle of legal
privilege. These may be compromised by releasing material pertinent to
your request.

 

 

As we have already stated, a Freedom of Information request is not just a
release to the person making the request, but also to the world. It cannot
be clear at present what effect disclosures made by a Freedom of
Information response may have upon such enquiries.

 

With this in mind, I am prepared to disclose as much detail as possible
without triggering the above exemptions.

 

If you are still dissatisfied with how your request has been handled, you
can raise this with the Information Commissioner.  Contact details below:
-

 

Information Commissioner’s Office

Water Lane

Wilmslow,

Cheshire, SK9 5AF.

Telephone: 08456 306060 or 01625 545745

Website: [2]www.ico.org.uk

 

 

 

 

Yours sincerely

 

 

 

Gill Bower-Lissaman

Data Protection Officer

South Yorkshire Police

Information Compliance Unit

Performance and Governance

Unit 20 Sheffield 35A Business Park

Churchill Way

Sheffield

S35 2PY

 

Email – [email address]

 

 

Please note that police forces in the United Kingdom are routinely
required to provide information and statistics to government bodies and
the recording criteria is set nationally.  However, the systems used for
recording these figures are not generic, nor are the procedures used
locally in capturing the data.  It should be noted that for these reasons
this forces response to your questions should not be used for the
comparison purposes with any other response you may receive.

 

South Yorkshire Police provides you the right to request a re-examination
of your case under its review procedure (copy enclosed). If you decide to
request such a review and having followed the Constabulary’s full process
you are still dissatisfied, then you have the right to direct your
comments to the Information Commissioner who will give it consideration.

 

The South Yorkshire Police 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 Legal Services, South Yorkshire Police,
Police Headquarters, Carbrook House, 5 Carbrook Hall Road, Sheffield, S9
2EH.

 

 

 

 

SYP Alerts offers information about local policing issues by text, email
or voice message. Sign-up now at www.sypalerts.co.uk #SignMeUp

References

Visible links
1. mailto:[FOI #466968 email]
2. http://www.ico.org.uk/