Complaints against Northumbria Police officers ...

Martin McGartland made this Rhyddid Gwybodaeth request to Northumbria Police

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

Gwrthodwyd y cais gan Northumbria Police.

Dear Northumbria Police,

Can you please forward me the following information under the FOIA;

1, Please supply number of police officers who are currently serving in Northumbria Police.

2. Please supply full details of the number of those officers who have one or more complaints made against them.

3. Please supply full details of how many of those officers have proven complaints against them.

4. Please supply full details on what is the percentage of complaints against officers that are then proved.

Please also provide the above information by rank of officers.

I look forward to your reply,

Yours faithfully,

Martin McGartland

Northumbria Police

Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly. A response should be provided by 01/08/11.

Yours sincerely

Jan Mcewan
Disclosure Section

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Northumbria Police

1 Atodiad

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 3rd July 2011 in which you made a request
for access to certain information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.

You asked:

1, Please supply number of police officers who are currently serving in
Northumbria Police.

2. Please supply full details of the number of those officers who have one
or more complaints made against them.

3. Please supply full details of how many of those officers have proven
complaints against them.

4. Please supply full details on what is the percentage of complaints
against officers that are then proved.

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

Following receipt of your request, searches were conducted with the
Professional Standards Department of Northumbria Police. I can confirm
that the information you have requested is held by Northumbria Police,
however will not be disclosed for the following reason.

To provide information which meets the criteria of your request would
entail a member of staff manually searching each officers records to
ascertain whether or not they have had any complaints made against them.
Currently we have over 4000 officers, some of which have many years of
service. Even at a conservative estimate of 2 minutes per record, which we
have considered as reasonable, we have estimated that to extract this
information would take over 133 hours, therefore Section 12 of the Freedom
of Information Act would apply. This section does not oblige a public
authority to comply with a request for information if the authority
estimated that the cost of complying with the request would exceed the
appropriate limit of 18 hours, equating to £450.00

You should consider this to be a refusal notice under section 17 of the Act
for that part of your request.

However, in order to provide you with some assistance, under Section 16 of
the Freedom of Information Act 2000, I can advise that if you refined your
request with a search period for cases recorded, e.g. for the year 2009 or
other, this may bring your request under the prescribed time limit.

You may also be interested to know that similar queries have been released
in the past and are published on the Northumbria Police Disclosure Log.
For your convenience I have supplied the relevant link below

http://www.northumbria.police.uk/foi/dis...

In addition to the above, although excess cost removes Northumbria Police's
obligations under the Freedom of Information Act 2000, as a gesture of
goodwill, I have supplied information below, relative to your request,
retrieved or available before it was realised that the fees limit would be
exceeded. I trust this is helpful, but it does not affect our legal right
to rely on the fees regulations for the remainder of your request.

1. Information regarding police officer numbers is freely available on the
Northumbria Police website.

http://www.northumbria.police.uk/about_us/

4. Details regarding percentages at this part of your request is not held,
therefore will not be supplied, however this is something that you can
calculate yourself with the responses to questions 2 and 3 should you wish
to define and resubmit your request.

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended) or such other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which is attached.

(See attached file: FOI Complaint Rights.doc)

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347

[NOT PROTECTIVELY MARKED]
NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Dear Northumbria Police,

Thank you for your reply.

1. Are NP saying they do not record such complaints on a Conduct and Discipline system or even a similar system. If not please explain why not.

2. How are such records kept, recorded by NP regards public complaints against its officers.

3. Are NP saying that such records are only held in manual form, if so, please give full details.

4. Do NP have full records of all recorded complaints under the term 'case to answer' under the Police (Conduct) Regulations 2008. If so, please supply full details.

5. How many complaints, if any, have been made and recorded against Chris Thomson, the now head of PSD, and what was the nature and outcome of such complaints,

Look forward to your reply.

Martin McGartland

Northumbria Police

Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly. A response should be provided by 08/08/11.

Yours sincerely

Jan Mcewan

Disclosure Section

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Dear Ms McEwan ,

You will recall that you first informed me that;
"We are in the process of dealing with your request and expect to revert to you shortly. A response should be provided by 01/08/11."

I note your latest reply now states; "We are in the process of dealing with your request and expect to revert to you shortly. A response should be provided by 08/08/11." I would be obliged if you could explain why a week has been added onto the 20 working day limit.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland

I believe the respond by date of 01/08/11 refers to your request 487/11,
submitted by you on the 03/07/11 and to which a response was provided on
the 08/07/11.

You then submitted a subsequent request on the 9th July asking further
questions, to which our acknowledgment of your request provided the
respond by date of 08/08/11. Your reference number for this subsequent
request, as advised, was 501/11.

I hope this clarifies

Regards

Jan Mcewan
Disclosure Section.

From: Martin McGartland <[FOI #78784 email]> on
16/07/2011 07:08 CET

To: [Northumbria Police request email]
cc:
Subject: Re: Freedom of Information Act 2000 (FOIA) Request 501/11 -
Complaints [NOT PROTECTIVELY MARKED]

Dear Ms McEwan ,

You will recall that you first informed me that;
"We are in the process of dealing with your request and expect to
revert to you shortly. A response should be provided by 01/08/11."

I note your latest reply now states; "We are in the process of
dealing with your request and expect to revert to you shortly. A
response should be provided by 08/08/11." I would be obliged if you
could explain why a week has been added onto the 20 working day
limit.

Yours faithfully,

Martin McGartland

dangos adrannau a ddyfynnir

Dear Northumbria Police,

It is all related to the same request.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland,

In respect of your earlier email, you have received a response from
Northumbria Police for request 487/11. The request, 501/11 is, in
accordance with the legislation, due to be responded to on the 08/08/11.

Kind regards

Hayley

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed. The message may contain
information that is covered by legal, professional or other privilege. No
mistake in transmission is intended to waive or compromise any such
privilege. This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses. It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/

Dear Northumbria Police,

I hear what you say, however, it is the same request.

Yours faithfully,

Martin McGartland

Northumbria Police

2 Atodiad

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 9 July 2011 in which you made a request for
access to certain information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.

You asked:

1. Are NP saying they do not record such complaints on a Conduct and
Discipline system or even a similar system. If not please explain why
not.

2. How are such records kept, recorded by NP regards public complaints
against its officers.

3. Are NP saying that such records are only held in manual form, if so,
please give full details.

4. Do NP have full records of all recorded complaints under the term case
to answer under the Police (Conduct) Regulations 2008. If so, please
supply full details.

5. How many complaints, if any, have been made and recorded against Chris
Thomson, the now head of PSD, and what was the nature and outcome of
such complaints,

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

Following receipt of your request, searches were conducted with the
Professional Standards Department of Northumbria Police. I can confirm
that the information you have requested is held by Northumbria Police.

Please note this request has been aggregated with your previous requests
regarding complaints, FOIs 582/11, 581/11 and 487/11 refer.
The Fees Regulations state that two or more requests to one public
authority can be aggregated for the purposes of calculating costs if they
are:
· by one person, or by different persons who appear to the public
authority
· to be acting in concert or in pursuance of a campaign;
· for the same or similar information; and
· the subsequent request is received by the public authority within 60
working days of the previous request.
The intention of this provision is to prevent individuals or organisations
evading the appropriate limit by dividing a request into smaller parts.

I can disclose the located information to you in as follows.

1-4. Northumbria Police maintain an electronic database relating to all
complaint investigations. Northumbria Police have complaints recorded
as 'Case to Answer' under the Police Conduct Regulations 2008 on
electronic systems.

Please see the document attached below which contains information
relevant to these parts of your request. This displays each such
complaint recorded since 1st December 2008

(See attached file: FOI 501-11 Complaints.doc)

5. Section 1 of the Freedom of Information Act 2000 (FOIA) places two
duties on public authorities. Unless exemptions apply, the first duty
at S1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at a1(1)(b) is to disclose information
that has been confirmed as being held. Where exemption are relied upon
Section 17 of FOIA requires that we provide the applicant with a notice
which: a) states that fact, b) specifies the exemption(s) in question,
and c) state (if that would not otherwise be apparent) why the exemption
applies.

Northumbria Police can neither confirm not deny that it holds the
information relevant to your request as the duty in S1(1)(a) of the
Freedom of Information Act 2000 does not apply, by virtue of the
following exemptions:

Section 40(5) Personal Information

A disclosure under Freedom of Information is a release of information to
the world in general and not an individual applicant. Therefore, simply
confirming or not that such information, if any, were held would
disclose personal information about an individual. The Police Service
will not confirm to the world in general whether or not an individual is
the subject of an investigation.

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended) or such other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which is attached.

(See attached file: FOI Complaint Rights.doc)

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347

[NOT PROTECTIVELY MARKED]
NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Martin McGartland

I am not requesting an Internal Review at this stage.

Dear Northumbria Police,

You have have still not dealt with this request.

On the 3rd of July 2011 I made the following request, as above;

"Can you please forward me the following information under the FOIA;

1, Please supply number of police officers who are currently serving in Northumbria Police.

2. Please supply full details of the number of those officers who have one or more complaints made against them.

3. Please supply full details of how many of those officers have proven complaints against them.

4. Please supply full details on what is the percentage of complaints against officers that are then proved.

Please also provide the above information by rank of officers."

Please will you now deal with this request and stop delaying this matter

Martin McGartland

Northumbria Police

Dear Mr McGartland

The questions to which you refer to in your email below refer to
Northumbria Police reference:- Freedom of Information Act 2000 (FOIA)
Request 487/11 - Complaints, to which you were provided with a response
on 8 July 2011.

Your subsequent questions in relation to that response were logged as a
new request and provided with the Northumbria Police reference:- Freedom
of Information Act 2000 (FOIA) Request 501/11 - Complaints.

You have been provided with a response to both of these requests.

Should you remain dissatisfied, you may wish to request an internal
review, clearly identifying the Northumbria Police reference of the
request to which you refer, of the way your request has been handled.

Alternatively, should you wish to submit 'new' or 'additional' questions
please do so under a new whatdotheyknow reference number, also identifying
if they relate to a previous request.

Yours sincerely

Michael Cleugh

Data Protection and Disclosure Advisor
Legal Department

01661 868347

From: Martin McGartland <[FOI #78784 email]>
on 03/08/2011 22:27 CET

To: [Northumbria Police request email]
cc:
Subject: Re: Freedom of Information Act 2000 (FOIA) Request 501/11
- Complaints [NOT PROTECTIVELY MARKED]

I am not requesting an Internal Review at this stage.

Dear Northumbria Police,

You have have still not dealt with this request.

On the 3rd of July 2011 I made the following request, as above;

"Can you please forward me the following information under the
FOIA;

1, Please supply number of police officers who are currently
serving in Northumbria Police.

2. Please supply full details of the number of those officers who
have one or more complaints made against them.

3. Please supply full details of how many of those officers have
proven complaints against them.

4. Please supply full details on what is the percentage of
complaints against officers that are then proved.

Please also provide the above information by rank of officers."

Please will you now deal with this request and stop delaying this
matter

Martin McGartland

dangos adrannau a ddyfynnir

Martin McGartland

Dear Northumbria Police,

I am not requesting an Internal Review at this stage. I am asking that you deal with following.

You will recall that I asked, number 5 in my request, for the following;

5. "How many complaints, if any, have been made and recorded against Chris Thomson, the now head of PSD, and what was the nature and outcome of such complaints,"

You did not deal with this nor did you supply me with information. Please can you now deal with 5 above.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland

The "question 5" you have referred to below was responded to 2 August
2011.

The response was published on the whatdotheyknow web-site on that date.
That response was given reference number 501/11 by this department and is
part of this thread on the site. I have provided the web address for the
appropriate page below for your records.

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

Yours sincerely

Michael Cleugh
Data Protection & Disclosure Advisor

From: Martin McGartland <[FOI #78784 email]>
on 05/08/2011 17:22 CET

To: [Northumbria Police request email]
cc:
Subject: Re: Freedom of Information Act 2000 (FOIA) Request 487/11
- Complaints [NOT PROTECTIVELY MARKED]

Dear Northumbria Police,

I am not requesting an Internal Review at this stage. I am asking
that you deal with following.

You will recall that I asked, number 5 in my request, for the
following;

5. "How many complaints, if any, have been made and recorded
against Chris Thomson, the now head of PSD, and what was the nature
and outcome of such complaints,"

You did not deal with this nor did you supply me with information.
Please can you now deal with 5 above.

Yours faithfully,

Martin McGartland

dangos adrannau a ddyfynnir

Martin McGartland

Dear Northumbria Police,

This is a request for an Itternal Review.

Yours faithfully,

Martin McGartland

Northumbria Police

We acknowledge receipt of your request for an internal review of the
response you received in relation to the above mentioned Freedom Of
Information request.

We aim to provide a response to you within 20 working days of this
acknowledgement.

Yours sincerely

Jan Mcewan
Disclosure Section

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Martin McGartland

Dear Northumbria Police,

By law you should have dealt with this Internal review on or before 7th September 2011. However, as of today (28/10/11) you have still not dealt with this case. NP have delayed many of my requests, some by months.

Please let me have your findings/reply.

Yours faithfully,

Martin McGartland

Dear Northumbria Police,

If you do not deal with the request within the next 7 days I can confirm that I will be making a complaint to the ICO concerning this matter.

Yours faithfully,

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 Northumbria Police,

I have this evening made a complaint to the ICO concerning this request.

Yours faithfully,

Martin McGartland

Gadawodd Martin McGartland anodiad ()

Sue Sim and Northumbria Police said FOI request relating to Martin McGartland attempted murder case was 'Vexatious'. The Information Commissioner has issued a Decision Notice against Sue Sim and Northumbria Police which states, 'The Commissioner
finds that the force incorrectly applied section 14(1) to the request. He requires the public authority to respond to the request in accordance with the provisions of section 1 of the Act within 35
calendar days.' That complain was upheld by the Information-Commissioner, Decision Notice: http://www.scribd.com/doc/72333438/Sue-S...

www.martinmcgartland.co.uk

Northumbria Police

Dear Mr McGartland,

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the "Act")

Thank you for your email dated the 31st August 2011 in which you requested
a review of the response to your request for access to information which
may be held by Northumbria Police. May I take this opportunity to
apologise sincerely for the delay in our responding to you.  The delay has
been due to an inordinately high level of work in my department.

You asked:
In Feb 2011 NP confirmed that; "The total cost from the first shootings on
3 July until the present time is £1,411,354.";
http://www.northumbria.police.uk/foi/bul...

NP also confirmed following;
• Costs for Mutual Aid from other forces: £460,062
• Northumbria Police officer and staff overtime until 11 July: £585,406
• Northumbria Police officer and staff overtime from 12 July to date:
£93,110
• Miscellaneous* and non pay costs: £272,776

I understand NP only released this information after a complaint was made
by Councillor Steven Bridgett after a FOI request by him for all costs of
the manhunt for Raoul Moat was refused by NP. I also understand that Coun
Bridgett received a phone call from the Deputy Chief Constable Jim
Campbell telling him he will have the figures in a 'few days.'

In order to be open and transparent can NP please supply me with the
following information, as detailed under section 84 of FOIA, as follows;

1.        Given that five or six months have now passed since NP released
above. Please supply total cost/s from the first shooting on 3rd July 2010
and up until the date this request is answered.

2.        NP claim that the costs in that case as of Feb 2011 were
£1,411,354. Please confirm if this case is the most expensive case that NP
have dealt with during the past 15 years. If not, please give details of
the most expensive case NP have dealt with during that time, including
total costs of such case/s and also a breakdown of same.

3.        Please give full details of all other cases that NP have dealt
with during the past 15 years where the costs were in excess of £1 million
pounds. Please also list name/s of each case and supply full details and
background on such case/s, including total cost/s and also breakdown
similar to that released by NP in the above case.

4.        Please supply full details of all/any compensation paid to any
person/s, including amounts and legal costs, by NP and or its insurers
relating to the Raoul Moat Investigation - Operation Bulwark.

5.        Have NP requested or received emergency and or additional
funding, grants or any other payments or funding from Home Office and or
any other Government departments during the past 12/13 months relating to
the Raoul Moat Investigation - Operation Bulwark. If so, please supply
full details of amount/s involved, details of who paid such amounts and
reason/s for same.

6.        If FOI requests of a similar nature have already been asked
could you please include your responses to those requests.

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

In relation to your comments concerning Councillor Bridgett's request.  As
you are aware you have previously been provided with a response in
relation to this, advising that Councillor Bridgett's request was refused
under Section 22 (1) (a) Information intended for future publication.
 This information was always going to be released into the public domain,
once ratified, via the Publication Strategy which was set up on the
Northumbria Police website in September 2010.

Please refer to your response received in relation to (NP reference)
Freedom of Information Act 2000 (FOIA) Request 151/11 - Raoul Moat Case /
(whatdotheyknow ref) [email address].

Following receipt of your request, searches were conducted with the
Finance and Legal Department of Northumbria Police.  I can confirm that
the information you have requested is held by Northumbria Police.

As advised earlier, our response contains information 'held' at the time
your request was received, and not to the date this response is sent.

I can disclose the located information to you as follows.

It should be noted that we can only reasonably maintain financial records
for the six previous financial years plus the current financial year.
 With this in mind please see the below response.

1.        The Operation Bulwark costs as published remains the total
additional costs to the Force on this operation.

2.        This case is the most expensive case dealt with by the Force in
the previous 6 years.

3.        There were no other cases whose recorded costs exceeded
£1million pounds in the previous 6 years.

4.        None.

5.        £449,000 additional funding was received in relation to
Operation Bulwark from the Home Office.

6.        As the information you have requested, at this point of your
request, is accessible by other means I have not provided you with a copy
of the information and will rely on Section 21 of the Freedom of
Information Act 2000.  You should therefore consider this a refusal for
your request.

        I have provided an explanation to this exemption below.

        Section 21 (1) - Information accessible by other means

        Information which is reasonably accessible to the applicant is
exempt information.

        This information is freely available to the public on the
Northumbria Police website - Disclosure Log.  In order to aid and assist
you further I have supplied the relevant  link below:-

[1]        http://www.northumbria.police.uk/foi/dis...

Your request for review asked:

Dear Northumbria Police,
   
You have yet again refused to deal with my request, failed to supply all
of the requested information and you have failed to deal with my latest
correspondence in this matter.
   
I am now requesting an Internal revew of this request.
   
Yours faithfully,
   
Martin McGartland

Your response to your request for review is as follows:
We have taken this opportunity to re-visit the disclosure you were
provided in response to your freedom of information request.

At the time of your request, there was no further recorded information
regarding the costs of Operation Bulwark. This was verified with the
Finance Department of Northumbria Police. As no further information is
held and conformation was received that the figures on the Northumbria
Police web-site remained applicable, there is nothing further to review on
this point.

Questions 4 and 5 were provided full responses with no exemptions applied,
we have therefore not reviewed this part of the request.

Whilst questions 2 & 3 were not provided a full response, however in the
spirit of the Act you were provided a limited response based on the
information that was available.

This review has provided a corrected response below to these questions:

2 & 3
Information Commissioners Office (ICO) guidelines state that:

A public authority must confirm or deny whether it holds the information
requested unless the cost of this alone would exceed the appropriate
limit. I can neither confirm nor deny than the information you require is
held by Northumbria Police as to actually determine if it is held would
exceed the permitted 18 hours therefore Section 12 of the Freedom of
Information Act would apply.  This section does not oblige a public
authority to comply with a request for information if the authority
estimated that the cost of complying with the request would exceed the
appropriate limit of 18 hours, equating to £450.00

We have estimated that to attempt to locate and extract the information
that is held would take over prescribed 18 hours, therefore Section 12 of
the Freedom of Information Act would apply. As records are not held in an
easily retrievable format (if at all) going back 15 years it is difficult
to estimate how long such a procedure would take. However we have been
informed that such an investigation would involve the re-boot of old
accounting systems and the engagement of the IT team with appropriate
expertise to verify what (if any) information is held regarding your
request. This process would exceed the limits as set by the Act.  This
section does not oblige a public authority to comply with a request for
information if the authority estimated that the cost of complying with the
request would exceed the appropriate limit of 18 hours, equating to
£450.00

You should consider this to be a refusal notice under section 17 of the
Act for that part of your request.

Regarding question 6 of your request, Section 21 of the Act was applied ,
I have examined the Disclosure Log that you were referred to and have
verified that the search facility is fully operational. As disclosures
made by the Force are routinely placed on the Northumbria Police web-site,
there is no requirement to provide a response to this part of your
request. Indeed, what you may class as “similar requests” may not be
determined as “similar” by the Force. It was therefore entirely
appropriate to provide you with a means to make this assessment yourself.

This concludes my internal review into your request under the Freedom of
Information Act 2000. I believe that Northumbria Police responded
appropriately and have fulfilled the requirements as per the Act.  If you
remain dissatisfied with the outcome of this review then it remains open
to you to refer this matter to the Information Commissioner at the
following address:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours sincerely

Hayley Morrison
Disclosure Manager
Legal Department
Northumbria Police
Direct Dial:  01661 868715
Email:  hayley[email address]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[2]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/foi/dis...
2. http://www.northumbria.police.uk/

Dear Northumbria Police,

As you are well aware I have already made a complaint concerning this matter to the ICO.

Yours faithfully,

Martin McGartland

Northumbria Police

1 Atodiad

Dear Mr McGartland,

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the "Act")

Thank you for your email dated the 10th August 2011 in which you requested
a review of the response to your request for access to information which
may be held by Northumbria Police. May I take this opportunity to
apologise sincerely for the delay in our responding to you.  The delay has
been due to an inordinately high level of work in my department.

You asked:

1.        Are NP saying they do not record such complaints on a Conduct
and Discipline system or even a similar system. If not please explain why
not.

2.        How are such records kept, recorded by NP regards public
complaints against its officers.

3.        Are NP saying that such records are only held in manual form, if
 so, please give full details.

4.        Do NP have full records of all recorded complaints under the
term case to answer under the Police (Conduct) Regulations 2008.  If so,
please supply full details.

5.        How many complaints, if any, have been made and recorded against
Chris Thomson, the now head of PSD, and what was the nature and outcome of
such complaints,

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

Following receipt of your request, searches were conducted with the
Professional Standards Department of Northumbria Police.  I can confirm
that the information you have requested is held by Northumbria Police.

Please note this request has been aggregated with your previous requests
regarding complaints, FOIs 582/11, 581/11 and 487/11 refer.
The Fees Regulations state that two or more requests to one public
authority can be aggregated for the purposes of calculating costs if they
are:
·        by one person, or by different persons who appear to the public
authority
·        to be acting in concert or in pursuance of a campaign;
·        for the same or similar information; and
·        the subsequent request is received by the public authority within
60 working days of the previous request.
The intention of this provision is to prevent individuals or organisations
evading the appropriate limit by dividing a request into smaller parts.

I can disclose the located information to you in as follows.

1-4.  Northumbria Police maintain an electronic database relating to all
complaint investigations.  Northumbria Police have complaints recorded as
'Case to Answer' under the Police Conduct Regulations 2008 on electronic
systems.

        Please see the document attached below which contains information
relevant to these parts of your request. This displays each such complaint
recorded since 1st December 2008

       

5.        Section 1 of the Freedom of Information Act 2000 (FOIA) places
two duties on public authorities.  Unless exemptions apply, the first duty
at S1(1)(a) is to confirm or deny whether the information specified in a
request is held.  The second duty at a1(1)(b) is to disclose information
that has been confirmed as being held.  Where exemption are relied upon
Section 17 of FOIA requires that we provide the applicant with a notice
which: a) states that fact, b) specifies the exemption(s) in question, and
c) state (if that would not otherwise be apparent) why the exemption
applies.

        Northumbria Police can neither confirm not deny that it holds the
information relevant to your request as the duty in S1(1)(a) of the
Freedom of Information Act 2000 does not apply, by virtue of the following
exemptions:

        Section 40(5) Personal Information

        A disclosure under Freedom of Information is a release of
information to the world in general and not an individual applicant.
 Therefore, simply confirming or not that such information, if any, were
held would disclose personal information about an individual.  The Police
Service will not confirm to the world in general whether or not an
individual is the subject of an investigation.

Your request for review asked:

"Dear Northumbria Police,
   
This is a request for an Itternal Review.
   
Yours faithfully,
   
Martin McGartland"

Your response to your request for review is as follows:

I have taken this opportunity to re-visit the disclosure you were provided
 in response to your freedom of information request.  I  have addressed
these points below -

In response to question 1 it was confirmed in the original response sent
to you that complaints are maintained on an electronic data base.

In response to question 2 you were supplied an extract from that database
showing how this information was held.

Question 3 became not applicable due to the answers to question 1 and
question 2.

In response to question 4 you were supplied with an extract from the
database showing recorded complaints under the term case to answer.

Whilst you have raised particular concerns over the response to question
5, this is clearly regarding an individual. To confirm whether or not an
employee is or has been the subject of a complaint would be to disclose
personal information regarding that individual. This information could not
be disclosed in response to a request made under the Freedom of
Information Act.

In conclusion I must advise you that the decision to neither confirm nor
deny whether an employee of the Force is, or has been subject to a
complaint is upheld.

This concludes my internal review into your request under the Freedom of
Information Act 2000. I believe that Northumbria Police responded
accurately as per your instructions and have fulfilled our requirements as
per your Freedom of Information request.  If you remain dissatisfied with
the outcome of this review then it remains open to you to refer this
matter to the Information Commissioner at the following address:

Information Commissioners Officer
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Hayley Morrison
Disclosure Manager
Legal Department
Northumbria Police
Direct Dial:  01661 868715
Email:  hayley[email address]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/

Dear Northumbria Police,

You are very well aware that I already made a complaint to the ICO on the 18th November 2011 concerning this request.

Yours faithfully,

Martin McGartland