Chief Constable of Lancashire Constabulary, Steve Finnigan and Chief Constable of Northumbria Police Sue Sim - Martin McGartland Case

Martin McGartland made this Rhyddid Gwybodaeth request to Lancashire Constabulary

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Lancashire Constabulary Nid oedd gan y wybodaeth y gofynnwyd amdani.

Martin McGartland

Dear Sir or Madam,

Under the Freedom of Information Act please can you provide me with any documents, information or communications made between Chief Constable of Lancashire Constabulary, Steve Finnigan and Chief Constable of Northumbria Police Sue Sim since 1st July 2011 and until this request is answered.

Also, please supply following information under freedom of information act;

1. Please can you provide me with any documents, information concerning any contact, both written or verbal, between above dates and between any member of Lancashire Constabulary staff and also any member of Northumbria Police staff, including both FOI/DPA departments concerning following requests and or that subject matter;
http://www.whatdotheyknow.com/request/co...
http://www.whatdotheyknow.com/request/te...

2. Please supply all information concerning any relationship, either professional or personal , between Steve Finnigan and Sue Sim.

The above is relevant given Lancashire Constabulary’s reply to following FOI request; http://www.whatdotheyknow.com/request/te...

I note that the Chief Constable of Lancashire Constabulary, Steve Finnigan; 'joined Merseyside Police in 1976, and during the early part of his career held various operational roles ...' http://www.lancashire.police.uk/about-us... Look at this too; 'Mrs Sim moved to Northumbria after 19 years with Merseyside Police where she gained extensive experience in both uniform and criminal investigation roles.In 1997 Mrs Sim was promoted to Superintendent and took responsibility for the introduction of the Crime and Disorder Act throughout Merseyside.' http://www.northumbria.police.uk/about_u...

Has Sue Sim, http://www.facebook.com/pages/Sue-Sim-th... , and Steve Finnigan been in contact with each other regards this request, case. Are they, their force's colluding in this case?

It would appear that there is at the very least a very clear conflict of interest in this matter.

Yours faithfully,

Martin McGartland

Information assurance unit,

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 3363/11

I write in connection with your request for information dated the 20/08/2011 which was received by Lancashire Constabulary on the 22/08/2011. I note you seek access to the following information:

INFORMATION RELATING TO CONTACT BETWEEN LANCASHIRE CONSTABULARY AND NORTHUMBRIA POLICE, AS WELL AS THEIR RESPECTIVE CHIEF CONSTABLES

Your request will now be considered in accordance with the Freedom of Information Act 2000, known hereafter as 'the Act'. You should receive a response within the statutory timescale of 20 working days as defined in the Act, subject to the information not being exempt or containing a reference to a third party. In some circumstances Lancashire Constabulary 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.

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.

I would like to take this opportunity to thank you for your interest in Lancashire Constabulary.

Regards,

Bryony Hopkinson
Freedom of Information Disclosure Officer
Information Compliance & Disclosure Section - Lancashire Constabulary
Tel: 01772 413324               Fax: 01772 412123
Email: [email address]

dangos adrannau a ddyfynnir

Gadawodd Martin McGartland anodiad ()

Martin McGartland

Dear Information assurance unit,

You wrote to me, as above, on the 22nd August 2011 as follows;
"I write in connection with your request for information dated the 20/08/2011 which was received by Lancashire Constabulary on the 22/08/2011. I note you seek access to the following information..."

You have already breached the FOIA in a number of ways. By law you should have dealt with my request within 20 working days, i.e. by Monday the 19th September 2011. It has now been 30 working days, as of today 03/010/2011), and I have still not had your reply.

Please will you now let me have a reply to my 20th August 2011 request.

Yours sincerely,

Martin McGartland

Martin McGartland

Dear Lancashire Constabulary,

Will you please answer my messages and also deal with this request. You have already breached the FOIA in a number of ways.

Yours faithfully,

Martin McGartland

Information assurance unit,

3 Atodiad

Please find attached Lancashire Constabulary’s response to your request
made under the Freedom of Information Act 2000 (our ref 3363/11). Please
accept my apologies for the delay in providing you with this response.

 

Regards,

 

Bryony Hopkinson

Freedom of Information Disclosure Officer

Lancashire Constabulary 

Information Compliance and Disclosure Section,

Police Headquarters

( 01772 413324  : [1]www.lancashire.police.uk

8: [2][email address]

 

 

 

Information Matters – Let’s Get It Right!

 

dangos adrannau a ddyfynnir

 

References

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

Martin McGartland

Dear Information assurance unit,

I first made this request on the 20th of August 2011 and you did not reply until the 14th of October 2011. I even wrote to you asking for update on this request, but you ignored my correspondence. You have already breached the FOIA in a number of ways.

If you are of the view that this request was, as you now claim, 'vexatious' why then has it taken you so long to tell me this, to deal with my request?

I note that you have simply copied and pasted your 'vexatious' reasons from Northumbria Police's reply. This of course is not allowed under the FOIA. So far as my keeping your 'your staff from their core functions' is concerned, it is clear from your reply that your staff have been wasting taxpayers money reading, wasting time reading my FOI requests and then coping other third party replies by simply coping and pasting them in to their above reply.

Moreover, none of the requests you refer are connected to the request in hand. This request can not be regarded as 'vexatious', this is the only ever request that I have made to you. Furthermore, there is more than good reason for making the request.

It is clear that you have something to hide given the why in which you have dealt with this matter and how you refused to deal with it within the 20 working day limit. You also ignored my correspondence when I was asking for an update.

I would like you to carryout an internal reviw of this case.

Yours sincerely,

Martin McGartland

Gadawodd Jean James anodiad ()

Lancashire Police have a very bad reputation.

Gadawodd Martin McGartland anodiad ()

Don't I know it: www.martinmcgartland.co.uk

Martin McGartland

Dear Information assurance unit,

I requested an internal review of this request on the 17th October 2011. However, I have not had a reply from you. Can you please confirm that you are now dealing with my request for an Internal review?

Yours sincerely,

Martin McGartland

Martin McGartland

Dear Information assurance unit,

I requested an internal review of this request on the 17th October 2011. However, I have not had a reply from you. Can you please confirm that you are dealing with my request for an Internal review?

Yours sincerely,

Martin McGartland

Information assurance unit,

Dear Mr McGartland,

I can confirm that your request for an internal review was received on October 17th 2011, and has been passed to the Information Compliance and Data Protection Manager for consideration in line with the force's FOI complaints procedures.

We aim to provide a response within 20 working days from receipt of a request for internal review, although in some cases this can take slightly longer.

Regards,

Bryony Hopkinson
Freedom of Information Disclosure Officer
Lancashire Constabulary
Information Compliance and Disclosure Section,
Police Headquarters
( 01772 413324 : www.lancashire.police.uk
8: [email address]


Information Matters - Let's Get It Right!

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Martin McGartland

Dear Information assurance unit,

If this request is not dealt with within the 20 working days I will be making a complaint to the ICO. You will be aware from the above that you have already delayed the request and you have also ignored my correspondence. Moreover, you have already breaced the act in a number of ways, as I already pointed out in my above reply:

"I first made this request on the 20th of August 2011 and you did not reply until the 14th of October 2011. I even wrote to you asking for update on this request, but you ignored my correspondence. You have already breached the FOIA in a number of ways."

Please ensure I am sent your reply on or before the 20 working day time limit.

Yours sincerely,

Martin McGartland

Gadawodd Martin McGartland anodiad ()

Sue Sim and Northumbria Police - up to their old tricks yet again. Request relating to Martin McGartland requests to Northumbria Police is Upheld by Information Commissioner, see here: http://www.scribd.com/doc/72333438/Sue-S...

www.martinmcgartland.co.uk

Dear Lancashire Constabulary,

Can you please reply to my correspondence. Please also let me have your reply. You are breaking the law by delaying this request.

Yours faithfully,

Martin McGartland

Dear Lancashire Constabulary,

I telephoned your office today concerning this request and was told that it was still being dealt with by the 'manager'.

I requested an internal review on 17th October 2011.
I understand that it should have been dealt with by Friday the 11th November 2011.

You have also been ignoring some of my correspondence concerning this request too.

Will you please let me have your reply.

Yours faithfully,

Martin McGartland

Melling, Carl,

NOT PROTECTIVELY MARKED

NOT PROTECTIVELY MARKED

Dear Mr McGartland

I refer to your email below. Your internal review request response was due on 14th November - this is not a requirement of the FOIA but based on guidance issued by the Information Commissioner.

Whilst the Constabulary seeks to respond to internal review requests in a timely manner, and usually within 20 working days, unfortunately due to other pressures I have been unable to progress your internal review. I hope that I will be able to do so next week.

I apologise for the delay.

regards

Carl Melling LLM MBA ACIS
Data Protection and Information Manager
Lancashire Constabulary
Information Compliance and Disclosure Section, Police Headquarters
01772 413327 www.lancashire.police.uk: [email address]

Information Matters – Let’s Get It Right!

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Dear Melling, Carl,

Thank you for your reply.

Within your reply you claim; "unfortunately due to other pressures I have been unable to progress your internal review."

Why have you waited until now to tell me this?

The ICO's guidance is to be 20 days and this is extendable in certain circumstances."

However, you will be very well aware that section 45 of the Code states that; "A one-stage review should be completed in 20 working days. In exceptional cases it may be appropriate to take longer but
even in those cases it should not exceed 40 working days."

This is NOT an 'exceptional' case. It further states; "The FOIA does not stipulate a time limit for completion of an internal review, but the section 45 Code states that they should be dealt with in a reasonable timeframe. The Information Commissioner’s view is that a reasonable time for completing an internal review is 20 working days from the date of the request for review. Please refer to the ICO’s guidance: Time limits on carrying out internal reviews
(Good Practice Guidance 5)"

ICO Link:
http://www.ico.gov.uk/upload/documents/l...

I must ask that you send me your reply by return and stop causing me further delay. You have already breached the FOIA, and the law, in a number of ways while dealing with this request.

Yours sincerely,

Martin McGartland

Gadawodd Martin McGartland anodiad ()

Lancashire Constabulary claim;

“Whilst the Constabulary seeks to respond to internal review requests in a timely manner, and usually within 20 working days, unfortunately due to other pressures I have been unable to progress your internal review.”

What has ‘other pressures’ got to do with Lancashire Constabulary breaking the law.

NO Ifs, NO Buts. The Law is the LAW.

http://www.whatdotheyknow.com/request/de...

www.martinmcgartland.co.uk

Melling, Carl,

2 Atodiad

NOT PROTECTIVELY MARKED

NOT PROTECTIVELY MARKED

Dear Mr McGartland

 

Please find attached a response to your internal review request.

 

regards

 

Carl Melling LLM MBA ACIS

Data Protection and Information Manager

Lancashire Constabulary 

Information Compliance and Disclosure Section, Police Headquarters

( 01772 413327 : [1]www.lancashire.police.uk8:
[2][email address]

[3]Description: cid:image002.jpg@01CC8DB9.EBC16CD0

Information Matters – Let’s Get It Right!

 

NOT PROTECTIVELY MARKED

NOT PROTECTIVELY MARKED

dangos adrannau a ddyfynnir

 

References

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

Gadawodd Martin McGartland anodiad ()

NOT PROTECTIVELY MARKED

RESOURCES DIRECTORATE
Corporate Support and Information Services – Information Compliance & Disclosure Section
Police Headquarters, Saunders Lane, Hutton, Preston PR4 5SB

Tel: 01772 413327 Fax: 01772 412123 Email: xxxxxxxxxxx@xxxxxxxxxx.xxx.xxxxxx.xx

Mr M McGartland

Via www.whatdotheyknow.com
xxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx

23 November 2011

Dear Mr McGartland

FREEDOM OF INFORMATION APPLICATION REFERENCE NO: 3363/11

I refer to your email of the 17th October, seeking an internal review of the response provided to your FOIA request under the above reference.

I apologise for the delay in responding.

In accordance with the Constabulary’s Freedom of Information Request Complaints Procedure, a Panel has now considered your request and the comments made within your email.

The Panel notes that the request was as follows:
….please can you provide me with any documents, information or communications made between Chief Constable of Lancashire Constabulary, Steve Finnigan and Chief Constable of Northumbria Police Sue Sim since 1st July 2011 and until this request is answered.

Also, please supply following information under freedom of information act;

1. Please can you provide me with any documents, information concerning any contact, both written or verbal, between above dates and between any member of Lancashire Constabulary staff and also any member of Northumbria Police staff, including both FOI/DPA departments concerning following requests and or that subject matter;

http://www.whatdotheyknow.com/request/co...
http://www.whatdotheyknow.com/request/te...

2. Please supply all information concerning any relationship, either professional or personal , between Steve Finnigan and Sue Sim.
The above is relevant given Lancashire Constabulary’s reply to following FOI request;

http://www.whatdotheyknow.com/request/te...

I note that the Chief Constable of Lancashire Constabulary, Steve Finnigan; 'joined Merseyside Police in 1976, and during the early part of his career held various operational roles ...' (http://www.lancashire.police.uk/about-us...).

Look at this too; 'Mrs Sim moved to Northumbria after 19 years with Merseyside Police where she gained extensive experience in both uniform and criminal investigation roles. In 1997 Mrs Sim was promoted to Superintendent and took responsibility for the introduction of the Crime and Disorder Act throughout Merseyside.'

(http://www.northumbria.police.uk/about_u...).
Has Sue Sim, (http://www.facebook.com/pages/Sue-Sim-th...), and Steve Finnigan been in contact with each other regards this request, case. Are they, their force's colluding in this case?

The Panel notes that there was a delay in responding to the original request. The delay arose in part due to the periods of leave/ and other work pressures placed upon the team which handles FOIA requests.
Having reviewed your request, the Panel considers that the application of vexatious to your request was incorrect. Your request has now been considered and Lancashire Constabulary can inform you as follows:

In accordance with Section 1(1)(a) of the Act, no information is held relating to communication between the Chief Constables of Lancashire and Northumbria from the 1st July and the response to the request. Further, no information is held relating communication between the staff of Lancashire and Northumbria Police relating to the FOIA requests. With regards to the relationship, or otherwise, between the Chief Constables of Lancashire and Northumbria, I can neither confirm nor deny that Lancashire Constabulary holds any information relevant to your request. This is because information (if it were held), which may constitute personal data, is exempt from disclosure under the Freedom of Information Act 2000 by virtue of the listed exemption S.40 (5)(b)(i), as disclosure of such information would be in breach of the first and second principles of the Data Protection Act 1998; this requires that information held should be fairly and lawfully processed; and should be processed for limited purposes only. The disclosure of personal information to a third party would always be considered unfair to the data subject, and is beyond the purposes for which this information would be held by the Constabulary. As such, this letter serves to act as a refusal notice for this aspect of your request, as per S.17 (1) of the Act. No inference can be taken from this refusal that the information you have requested does or does not exist.

If you are not satisfied with this response you may make a complaint to the Information Commissioner.

The Information Commissioner can be contacted at:

The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Carl Melling

Data Protection and Information Manager

Link: http://www.whatdotheyknow.com/request/83...

NOT PROTECTIVELY MARKED

Dear Melling, Carl,

I will now be making a complaint to the ICO.

Yours sincerely,

Martin McGartland

www.martinmcgartland.co.uk

Melling, Carl,

1 Atodiad

NOT PROTECTIVELY MARKED

Dear Mr McGartland

 

Please find attached a letter relating to your request, our reference
above.

 

Regards

Carl Melling

NOT PROTECTIVELY MARKED

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