costs in defending appeal EA/2017/0076

Gwen Swinburn made this Rhyddid Gwybodaeth request to North Yorkshire Police, Fire and Crime Commissioner

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Roedd y cais yn rhannol lwyddiannus.

Dear North Yorkshire Police and Crime Commissioner,
I attended an information rights tribunal hearing at Barnsley Law Courts yesterday (EA/2017/0076).

Please provide a statement of the total cost expended by the PCC's office and the CDU in defending the appeal since it was first made in May 2017.

The sum should include both internal and external costs and a split between the two.

The costs should include the amount spent on counsel at the hearing yesterday.

It is very much in the public interest for this type of information to be made known to the wider world. Judge Farrer QC made that clear in his ruling yesterday.

Yours faithfully,

Gwen Swinburn

Thank you very much for your email.

 

This is an automated response to confirm receipt of your email, you will
receive this email each time you contact my office. 

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know it has been safely received and will be acted on.

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Good Morning Gwen,

Thank you for your email below.

I have sent this through to the Civil Disclosure Team at North Yorkshire Police.

Kind regards

Holly Earnshaw
Caseworker to the Police & Crime Commissioner for North Yorkshire
 
Office of the Police & Crime Commissioner
for North Yorkshire
 
Website: http://www.northyorkshire-pcc.gov.uk/
Facebook: https://www.facebook.com/northyorkspcc
OPCC on Twitter: https://twitter.com/northyorkspcc

12 Granby Road | Harrogate | North Yorkshire | HG1 4ST
: 01423 569 562 | :  [email address]
Unclassified / Protect / Restricted
If you are requesting information under either the Freedom of Information Act, the Data Protection Act or the Environmental Information Regulations and do not receive an acknowledgement within two working days please forward your request by email to [email address]
 
This e-mail is personal and intended solely for the use of the individual to whom it is addressed. If you are not the intended recipient, please be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error please contact the sender immediately. Any views or opinions expressed are solely those of the author and do not necessarily represent those of The Office of the Police and Crime Commissioner.
Although this e-mail and any attachments are believed to be free of any virus and / or other defects which might affect any computer or IT systems into which they are received, the Office of the Police and Crime Commissioner for North Yorkshire accepts no responsibility for any loss or damage arising in any way from the receipt or use thereof’.
This email and any files transmitted with it were intended solely for the addressee. If you have received this email in error please let the sender know by return.
Please think before you print.

Fryar, Liz,

Good afternoon,

I am currently researching your request for information and wondered if you could clarify what you require in terms of 'internal costs'. Not all members of staff are required to record their time per matter, therefore if you could let me know specifically what information you would like, that would be really appreciated.

Once I have received clarification I will be able to continue with your request. If I do not hear from you within 20 working days of the date of this email I will assume that you no longer require the information and withdraw your request.

Kind Regards

Liz

Liz Fryar
Collar Number 4437
Legal Officer – Civil Disclosure
Joint Corporate Legal Services
North Yorkshire Police

Please note my normal working days are Tuesday, Wednesday, Thursday and Friday.

Dial 101, press option 2 and ask for me by my full name or collar number. If using my collar number please state each number individually.

www.northyorkshire.police.uk

Committed to the Code of Ethics

Please note  that North Yorkshire Police is moving to its new HQ from 5 July 2017. With immediate effect the address is:

North Yorkshire Police HQ
Alverton Court
Crosby Road
Northallerton
North Yorkshire
DL6 1BF

The DX will remain as DX 68810 Northallerton 2 and telephone numbers will remain the same.

THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT ASKING JOINT CORPORATE LEGAL SERVICES

Dear Fryar, Liz,
I would like to know the staff costs, an estimate is sufficient. I know that other foi’s for far more complex cases have been responded to with staff time on cases. Your best efforts will be sufficient.

Yours sincerely,

Gwen Swinburn

Fryar, Liz,

Good morning,

Thank you for your response - I will continue to work on your request,

Kind Regards

Liz

Liz Fryar
Collar Number 4437
Legal Officer – Civil Disclosure
Joint Corporate Legal Services
North Yorkshire Police

Please note my normal working days are Tuesday, Wednesday, Thursday and Friday.

Dial 101, press option 2 and ask for me by my full name or collar number. If using my collar number please state each number individually.

www.northyorkshire.police.uk

Committed to the Code of Ethics

Please note  that North Yorkshire Police is moving to its new HQ from 5 July 2017. With immediate effect the address is:

North Yorkshire Police HQ
Alverton Court
Crosby Road
Northallerton
North Yorkshire
DL6 1BF

The DX will remain as DX 68810 Northallerton 2 and telephone numbers will remain the same.

THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT ASKING JOINT CORPORATE LEGAL SERVICES

Williams, Caroline,

1 Atodiad

Dear Ms Swinburn,

 

Please find attached a reply to your Freedom of Information request
685.2017-18.

 

Regards

 

Caroline Williams

Legal Officer (Civil Disclosure)

Collar Number 5982

Joint Corporate Legal Services

North Yorkshire Police

 

Committed to the Code of Ethics

 

Dial 101, press option 2 and ask for me by my full name or collar number. 
If using my collar number, please state each number individually.

 

Please note  that North Yorkshire Police is moving to its new HQ from 5
July 2017. With immediate effect the address is:

 

North Yorkshire Police HQ

Alverton Court

Crosby Road

Northallerton

North Yorkshire

DL6 1BF

 

The DX will remain as DX 68810 Northallerton 2 and telephone numbers will
remain the same.

 

 

Gadawodd Neil Wilby anodiad ()

I was the appellant in EA/2017/0076. My views may, therefore, be considered to be highly informed.

It is inconceivable that the sum disclosed to Gwen Swinburn (who was in court for the final hearing) as internal costs (£381.83) is correct.

The appeal involved, as a minimum, two NYPCC lawyers - Miss Ashley Malone and her supervisor, Mrs Jane Wintermeyer - and it is highly likely that acting chief executive, Fraser Sampson, was also involved. Particularly, given our previous history during his tenure as WYPCC chief executive.

The appeal was complicated, made even more so by the constantly shifting grounds relied upon by Miss Malone. By the end of the hearing, they had relied on six different exemptions under the Act in a desperate attempt to prevent disclosure. Including fairly complex further submissions served on me, by Miss Malone, on the day before the hearing.

All these things take time, over and above internal meetings, preparing an advice for counsel, conference, instructions (including to 'concede nothing'), correspondence with parties , the Tribunal and the like (including a 14 page Response, drafted by Miss Malone, not counsel).

Moreover, on any independent view, it was another costly, hugely embarrassing, NYPCC shambles.

Finally, as a footnote, it is pointed out that, yet again, NYPCC has breached section 10 of the Act by not providing a response within 20 working days. I continue to press the Information Commissioner's Office to place NYP/NYPCC CDU within the ICO's monitoring regime for wholesale, and reckless, breaches of the Act.

Dear North Yorkshire Police and Crime Commissioner,

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

I am writing to request an internal review of North Yorkshire Police and Crime Commissioner's handling of my FOI request 'costs in defending appeal EA/2017/0076'.
Having been at the hearing I was very surprised at the very modest costs attributed to ‘internal costs’ . The comments added to my Foi from Mr Wilby further raises alarms that the true costs have not been provided.

Please will you therefore review and address this point?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Gwen Swinburn

Thank you very much for your email.

 

This is an automated response to confirm receipt of your email, you will
receive this email each time you contact my office. 

 

While I have not yet had the chance to read your message, I wanted you to
know it has been safely received and will be acted on.

 

I receive a very high volume of correspondence and telephone calls each
day, dealing with them in the order in which they are received.

 

I aim to respond to all correspondence as quickly as possible and do
appreciate your patience. Please feel free to call the office on 01423 569
562 if you would like an update.

 

There are strict constituency protocols that Police and Crime
Commissioners must follow, one of these states that Commissioners should
only help people from their own constituency. With this in mind it
important that you include your full name, address and contact details. If
you have not, please resend your email with this information.

 

Newsletter
I send out a newsletter to update constituents on what I am doing as a
Police and Crime Commissioner. If you would like to receive my newsletter,
please sign up at: [1]http://eepurl.com/_vz89

 

Julia Mulligan

Police and Crime Commissioner for North Yorkshire

12 Granby Road, Harrogate, HG1 4ST

 

Website: [2]www.northyorkshire-pcc.gov.uk

Twitter: [3]https://twitter.com/northyorkspcc

Facebook: [4]https://www.facebook.com/northyorkspcc/

Instagram: [5]https://www.instagram.com/northyorkspcc/

YouTube: [6]https://www.youtube.com/nypcc

References

Visible links
1. http://eepurl.com/_vz89
2. http://www.northyorkshire-pcc.gov.uk/
3. https://twitter.com/northyorkspcc
4. https://www.facebook.com/northyorkspcc/
5. https://www.instagram.com/northyorkspcc/
6. https://www.youtube.com/nypcc

Good Morning Ms Swinburn,

Thank you for the below FOI.

We will be in contact in due course.

Kind regards

Holly Earnshaw
Caseworker to the Police & Crime Commissioner for North Yorkshire
 
Office of the Police & Crime Commissioner
for North Yorkshire
 
Website: http://www.northyorkshire-pcc.gov.uk/
Facebook: https://www.facebook.com/northyorkspcc
OPCC on Twitter: https://twitter.com/northyorkspcc

12 Granby Road | Harrogate | North Yorkshire | HG1 4ST
: 01423 569 562 | :  [email address]
Unclassified / Protect / Restricted
If you are requesting information under either the Freedom of Information Act, the Data Protection Act or the Environmental Information Regulations and do not receive an acknowledgement within two working days please forward your request by email to [email address]
 
This e-mail is personal and intended solely for the use of the individual to whom it is addressed. If you are not the intended recipient, please be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error please contact the sender immediately. Any views or opinions expressed are solely those of the author and do not necessarily represent those of The Office of the Police and Crime Commissioner.
Although this e-mail and any attachments are believed to be free of any virus and / or other defects which might affect any computer or IT systems into which they are received, the Office of the Police and Crime Commissioner for North Yorkshire accepts no responsibility for any loss or damage arising in any way from the receipt or use thereof’.
This email and any files transmitted with it were intended solely for the addressee. If you have received this email in error please let the sender know by return.
Please think before you print.

Civil Disclosure,

Dear Ms Swinburn

Thank you for your email.

Your request for an internal review of FOI 0685.2017-18 has been logged. A response shall be issued in due course.

Kind regards

Sarah Saunders

Collar Number 4868
Administrative Assistant (Civil Disclosure)
Joint Corporate Legal Services
North Yorkshire Police 
Committed to the Code of Ethics
Dial 101, press option 2 and ask for me by my full name or collar number.  If using my collar number please state each number individually
 
Web: www.northyorkshire.police.uk
Facebook: facebook.com/NorthYorkshirePolice
Twitter: twitter.com/NYorksPolice

Please note that North Yorkshire Police is moving to its new HQ from 5 July 2017. With immediate effect the address is:

North Yorkshire Police HQ
Alverton Court
Crosby Road
Northallerton
North Yorkshire
DL6 1BF

The DX will remain as DX 68810 Northallerton 2 and telephone numbers will remain the same.

Gadawodd Neil Wilby anodiad ()

It is noted that, yet again, the PCC for North Yorkshire (NYPCC) has breached her statutory obligations under section 39A of the Police Act, 1996 (College of Policing's Code of Ethics): Authorised Professional Practice (APP) requires her Civil Disclosure Unit (CDU) to provide internal review requests promptly. Or, in any event, within 20 working days.

APP also requires that the CDU communicates effectively and explain any contemplated delays.

Failure to meet any of those requirements engages neglect of duty, discourtesy/disrespect complaints under the Code.

Section 45 of the Act (Code of Practice) and Information Commissioner's Office (ICO) Guidance are also engaged. Although they do not, of course, have any legal standing.

Further, and in any event, I continue to press the ICO to place the Civil Disclosure Unit into its monitoring scheme. The statutory regulator is becoming uncomfortable with the amount of adverse social media attention the industrial scale breaches of the Act by NYPCC/NYP has attracted.

Dear North Yorkshire Police and Crime Commissioner,

Please can you confirm when you will be replying to the request for an internal review, and also your statutory and other ICO obligations in this regard.

Yours faithfully,

Gwen Swinburn

Bates, Robert,

1 Atodiad

Good afternoon,

Please find attached North Yorkshire Police's reply to your Internal Review request of FOI 0685.2017-18.

Kind regards,

Robert Bates
Collar Number 5480
Legal Officer (Civil Disclosure)
North Yorkshire Police

Committed to the Code of Ethics
 
Dial 101, press option 2 and ask for me by my full name or collar number. If using my collar number please state each number individually.
 
Web: www.northyorkshire.police.uk
Facebook: www.facebook.com/NorthYorkshirePolice
Twitter: www.twitter.com/NYorksPolice

dangos adrannau a ddyfynnir

Gadawodd Gwen Swinburn anodiad ()

Having read the comments of Mr Wilby regarding staff time and attendance it is clear that the costs presented are at odds. Trust and confidence is lost in the disclosure unit. I’m too busy to spend time on this.