Complaint/s against Chief Constable Jon Boutcher being investigated by an External Police Force - Martin McGartland complaints ...

Martin McGartland (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to Bedfordshire Police and Crime Commissioner

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

Roedd y cais yn llwyddiannus.

Martin McGartland (Ataliwyd y cyfrif)

Martin McGartland

08 July 2019

Dear PCC / OPCC Bedfordshire,

Your office wrote to me today to inform me;

"The Office of the Police and Crime Commissioner received notification from the IOPC on the 20th June stating:

The IOPC has decided that this matter should be returned to you to be dealt with in any manner you may determine appropriate. This is because based on the information provided, we did not feel independent oversight, or a direction for a local investigation, was required at this stage.

It is noted that this complaint matter has been brought to the attention of the IOPC following an agreement that complaints regarding the Chief Constable and Op Kenova will be subject to a referral. However, after considering the complaint, it appears that the substance of Mr McGartland’s allegations do not concern Op Kenova. As a result, this matter is returned to you without a formal direction for an investigation. Therefore the complaint can be handled as you see appropriate.

The decision has been made to have your complaint investigated. However in line with IOPC complaint guidance, the OPCC has to seek agreement from an outside force for them to complete an investigation on our behalf.

The IOPC guidelines state ‘If a PCC determines that the complaint is not suitable for LR, the PCC must make arrangements for the complaint to be subject to a formal investigation. The PCC is required to appoint a police officer or member of police staff who is not under the direction and control of the Chief Constable complained against to investigate the complaint.

In the case of MOPAC, the investigator must be nominated by the Secretary of State. Further guidance on complaint investigations can be found in section 9 of the IOPC Statutory Guidance - If the PCC decides, on the preliminary evidence, that the complaint does not need to be referred to the IOPC (and it does not want to make a voluntary referral) and is not suitable for disapplication or local resolution, then it must be investigated. An investigating officer should be appointed who will assess the seriousness of the complaint. PCCs outside London must appoint a police officer or member of staff from an external police force who has the appropriate skills to conduct the investigation for them. For the Mayor’s Office for Policing and Crime (MOPAC), the investigating officer must be appointed by the Secretary of State. It is important to note that the provisions within the Police Act 19964 for collaborative working do not include agreements between PCCs and chief officers to transfer direction and control. Direction and control can only be exercised by chief officers and can only transfer between chief officers. Therefore, any police officer or member of staff working for the PCC remains under the formal direction and control of their chief officer and cannot be appointed to conduct investigations into their chief officer.’

The OPCC has written to an outside Police Force and we are awaiting their agreement to take on your case.

Once I have received this I will be in touch. "

Under the FOIA I would like to know;

1. How many external police forces - both formally as well as informally - has PCC Bedfordshire, her office, staff (as well as any other person / persons acting on her - their behalf) contacted concerning this matter, the investigation of complaints made by Martin McGartland against Jon Boutcher?

#Please note that the information requested regarding this request (above and below) is from the date the complaint/s were made, 03 May 2019, and up until the date this request is answered.

2. Regards 1 above, please also supply the names of all of the police forces which have been contacted , both both formally as well as informally, by PCC Bedfordshire, her office, staff as well as any other person / persons acting on her / their behalf.

3. How many external forces - for whatever reason/s - declined and or refused to take on the investigation regards the Martin McGartland complaint/s against CC Jon Boutcher?

4. What is the name of the external police force who has agreed to carry out the investigation into Martin McGafrtland's complaint/s against Jon Boutcher?

As well as the above, I would like you to disclose ;

5. Copies of all letters / emails - other correspondence (copies of originals please) between PCC Bedfordshire and or her office / staff, any other person/s acting on their behalf and also external police forces concerning this matter, the complaints against CC Boutcher and the investigation of those (including, all requests, replies regards investigation of the complaint/s).

I want to place on the record -and so far as the FOI request is concerned - that I am given my FULL consent to PCC Bedfordshire, her office and staff to disclose personal information which relates to me (that which would otherwise be exempt under FOIA). Please regard this request as my consent. The PCC, her office and staff have already confirmed (and established my identity. And as a result they will be able to disclose (with my consent) such information which relates to this request.

Fyi I reply on the following First-tier Tribunal (Appeal Reference_ EA/2018/0071, decision in FULL as well as the cases referred to within that decision. To assist you this is the link to that decision; https://www.doughtystreet.co.uk/sites/de...

My Consent etc:
I - as Martin McGartland - am hereby giving PCC / OPCC Bedfordshire my full (total) consent for you to disclose information which relates to me, the above FOI request ((and this request only). And I am also consenting for you to disclose the requested information to the wider world'. I am also seeking your advice and assistance (under section 16 of FOIA) which provides; "It shall be the duty of a public authority to provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to persons who propose to make, or have made, requests for information to it.”

The advice and assistance I am requesting from you with regards to this matter relates to;

A: Referring to and or taking into account the above First-Tier Tribunal appeal decision - which would be relevant to this request IF there were to be any issues of either confirm or deny regards the requested information. Further - and if needed - I rely on and refer you to the decision in the Upper Tribunal in IC v Malnick and ACOBA (GIA/447/2017) the Tribunal has no power to remit the matter to the Commissioner for.

B: Dealing with my (above( consent so that the (as well as A above) can comply with its legal obligations - in l aw - and under FOIA 2000 and deal correctly with my about request for that (and in doing so the PCC / OPCC Bedfordshire should take account of above appeal decision) with a view to disclosing the information under the FOIA and also via this, the WDTK Platform.

Yours faithfully,

Martin McGartland

Police and Crime Commissioner, Bedfordshire Police and Crime Commissioner

1 Atodiad

Thank you for your email.

 

A member of my staff will look into the issues you have raised and will
respond within 10 working days.

 

Kind regards

 

Kathryn Holloway

Police & Crime Commissioner for Bedfordshire

[1]cid:image001.png@01D1D913.38D9AA10

 

Tel: 01234 842064

 

 

 

dangos adrannau a ddyfynnir

Internet email is not to be treated as a secure means of communication.

Bedfordshire Police monitors all Internet email activity and content.

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References

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BEAUMONT, Katie 6973, Bedfordshire Police and Crime Commissioner

3 Atodiad

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Dear Mr McGartland

Thank you for the below FOI request and the attached emails which have been received by the OPCC.

We will be in touch with your response in due course.

Kind regards

Katie

Katie Beaumont
Compliance Officer,
Office of the Police and Crime Commissioner

Bedfordshire Police Headquarters, Woburn Road, Kempston, Bedford MK43 9AX
Tel: 01234 842066
Email: [email address]
Web: www.bedfordshire.pcc.police.uk

The Office of the Police and Crime Commissioner for Bedfordshire (OPCC) takes the management and protection of all personal data we hold very seriously and have recently published a new Privacy Notice, this document explains how we use any personal information we collect about you or members of your organisation when you make contact with us.

If you consent to the OPCC continuing to hold your personal data so that we may contact you in the future please respond directly to this email to let us know that we have permission to do so.

Please consider the environment before printing this email.

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Martin McGartland

12 July 2019

Dear Ms BEAUMONT, ,

You have emailed me OPCC Bedfordshire's reply to this FOI to my personal email address. This is despite my having made (as above) this request on the What Do They Know (WDTK) platform / pages.

Please would you, OPCC Bedfordshire add your reply to this page (WDTK).

I would be obliged if you OPCC Bedfordshire would do so as quickly as possible.

Yours sincerely,

Martin McGartland

BEAUMONT, Katie 6973, Bedfordshire Police and Crime Commissioner

8 Atodiad

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    FW Complaint emails Dated 03.07.2019 and 08.07.2019 McGartland.html

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    Freedom of Information request Complaint s against Chief Constable Jon Boutcher being investigated by an External Police Force Martin McGartland complaints....txt

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    Chief Constable Bill Skelly Letter 28.06.2019.pdf

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Dear Mr McGartland

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

 

We write in connection with your request for information received on 08
July 2019 and the additional email received on the 8^th July 2019 note
that you seek access to the following information:

 

1.    What date did PCC / OPCC Bedfordshire first contact and or write to
an external police force regarding this matter / my complaint/s against CC
Boutcher?

2.    What is the name - which force - has PCC / OPCC Bedfordshire
contacted regarding investigating my complaints?

3.    I would have thought that PCC / OPCC Bedfordshire would have written
to me to inform me about such decision/s, information.  Can you please
explain why I was not made aware (kept updated) about this?

4.    (1) How many external police forces  - both formally as well as
informally - has PCC Bedfordshire, her office, staff (as well as any other
person / persons acting on her - their behalf) contacted concerning this
matter, the investigation of complaints made by Martin McGartland against
Jon Boutcher?  

Please note that the information requested regarding  this request (above
and below) is from the date the complaint/s were made, 03 May 2019, and up
until the date this request is answered.

5.    Regards 1 above,  please also supply the names of all of the police
forces which have been contacted , both formally as well as informally, by
PCC Bedfordshire, her office, staff as well as any other person / persons
acting on her / their behalf.

6.    How many external forces - for whatever reason/s - declined and or
refused to take on the investigation regards the Martin McGartland
complaint/s against CC Jon Boutcher?

7.    What is the name of the external police force who has agreed to
carry out the investigation into Martin McGartland's complaint/s against
Jon Boutcher?

As well as the above, I would like you to disclose ;

8.    Copies of all letters / emails - other correspondence (copies of
originals please) between PCC Bedfordshire and or her office / staff, any
other person/s acting on their behalf and also external police forces
concerning this matter, the complaints against CC Boutcher and the
investigation of those (including, all requests, replies regards
investigation of the complaint/s).

 

We are required by the Freedom of Information Act 2000 (The Act) to handle
all requests in a manner that is blind to the identity of the requestor.
Any information released in response to a request is regarded as being
published and therefore, in the public domain without caveat.

The OPCC is able to provide you with the following information:

 

1.    The OPCC first contacted the external Police Force on Friday, June
28, 2019 at 2:00 PM

2.    The OPCC has written to Lincolnshire regarding your complaint.

3.    The OPCC wanted to inform you of this decision once agreement had
been received by an external force, however we have not received agreement
yet.

4.    The OPCC has only contacted Lincolnshire Chief Constable as directed
by the Chief Executive of the OPCC.

5.    The OPCC has at this time only contacted Lincolnshire Chief
Constable.

6.    One

7.    Nothing confirmed at this time.

8.    Please see attached emails and letter which was sent and received to
the Chief Constable to consider your complaint.

 

In addition to your request, I would like to inform you that the OPCC was
notified of the decision to decline due to Today (12 July 2019), due to
capacity, so we are now considering the next Force to contact.

 

If you think we have not supplied information in accordance with the Act
you should write, in the first instance, to:

 

The Monitoring Officer – Clare Kelly

 

Office of the Police and Crime Commissioner for Bedfordshire, Bedfordshire
Police HQ, Woburn Road, Kempston, Bedford, MK43 9AX

Email: [1][Bedfordshire PCC request email]

 

We aim to deal with your concern within 20 working days. If you are
dissatisfied with the response you can ask for the matter to be internally
reviewed. We aim to complete an internal review and respond to you within
20 working days.

 

The Information Commissioner

 

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 [2]www.ico.gov.uk/complaints.aspx.
Alternatively, phone or write to:

First Contact Team - Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, SK9 5AF - Tel: 0303 123 1113

 

Kind regards

 

Katie

 

Katie Beaumont

Compliance Officer,

Office of the Police and Crime Commissioner

[3]https://encrypted-tbn0.gstatic.com/image...

Bedfordshire Police Headquarters, Woburn Road, Kempston, Bedford MK43 9AX

Tel: 01234 842066

Email: [4][email address]

Web: [5]www.bedfordshire.pcc.police.uk

 

 

The Office of the Police and Crime Commissioner for Bedfordshire (OPCC)
takes the management and protection of all personal data we hold very
seriously and have recently published a new [6]Privacy Notice, this
document explains how we use any personal information we collect about you
or members of your organisation when you make contact with us.

 

If you consent to the OPCC continuing to hold your personal data so that
we may contact you in the future please respond directly to this email to
let us know that we have permission to do so.

 

Please consider the environment before printing this email.

 

 

dangos adrannau a ddyfynnir

Internet email is not to be treated as a secure means of communication.

Bedfordshire Police monitors all Internet email activity and content.

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

References

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1. mailto:[Bedfordshire PCC request email]
2. http://www.ico.gov.uk/complaints.aspx
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4. mailto:[email address]
5. http://www.bedfordshire.pcc.police.uk/
6. http://www.bedfordshire.pcc.police.uk/fl...

Martin McGartland (Ataliwyd y cyfrif)

Martin McGartland

12 July 2019

Dear Katie,

Thank you very much for that.

Kindest regards,

Martin McGartland

Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

Jon Boutcher - Aka: Op Kenova - did NOT deliver on his promises that he made to Martin McGartland concerning the review of his 20 year unsolved attempted murder case.

Martin McGartland has said; "Jon Boutcher let me down, he continues to cover up his review findings, his report (which he promised would be disclosed to me). And he is also refusing to answer (and is ignoring) questions I have been asking him about his review of my attempted murder case": Facebook page link here; https://www.facebook.com/Jon-Boutcher-Ak...