Dear Cheshire Constabulary,

I would like to know the incidents of death of police officers whilst under investigation for misconduct. Both natural and suicide.
If this is not recorded I would like to know why?

Yours faithfully,

Victoria Harper

Freedom of Information, Cheshire Constabulary

Dear Sir/Madam

I acknowledge receipt of your correspondence received 12/01/2020 which is
being dealt with as a request for information in accordance with the
Freedom of Information Act 2000.
I am in the process of dealing with your request and will respond in due
course and in any case by 07/02/2020.

Please note that you will not receive a response if you have previously
been issued with a notice under section 14 of the act relating to the
subject of this request.

Please contact us by email at [1][email address] if you
have any further enquiries.

Regards

The Requests Team
Information Compliance
Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA

Tel :: 01606 362384

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links
1. mailto:[email address]

Requests, Cheshire Constabulary

Good morning Victoria

Thank you for the below FOI request, you should now have received an
acknowledgement.  I am contacting you to seek clarification regarding this
request, I would be grateful if you could provide me with the time period
for which you are wanting to receive any data for.

Please be advised if I do not receive further clarification from you
within 60 days I will consider this request closed.

Kind regards

Sandra Coleman - Requests Compliance Officer
Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services
Clemonds Hey | Oakmere Road | Winsford | Cheshire | CW7 2UA
Phone: 01606 362384 | Email: [email address]
Visit www.cheshire.police.uk | www.cheshirefire.gov.uk
Follow @cheshirepolice and @CheshireFire on Twitter
Like Cheshire Police and Cheshire Fire and Rescue Service on Facebook

dangos adrannau a ddyfynnir

Dear Requests,

Between 01/01/2010 and 01/01/2020

Yours sincerely,

Victoria Harper

Requests, Cheshire Constabulary

2 Atodiad

Dear V Harper,

 

Please see attached response.

 

If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.

 

Regards,

 

Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services

Clemonds Hey | Oakmere Road | Winsford | Cheshire | CW7 2UA

Visit [1]www.cheshire.police.uk | [2]www.cheshirefire.gov.uk

Follow [3]@cheshirepolice and @CheshireFire on Twitter

Like [4]Cheshire Police and Cheshire Fire and Rescue Service on Facebook

 

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links
1. http://www.cheshire.police.uk/
2. http://www.cheshirefire.gov.uk/
3. http://www.twitter.com/cheshirepolice
4. http://www.facebook.com/cheshirepolice

Dear Cheshire Constabulary,

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

I am writing to request an internal review of Cheshire Constabulary's handling of my FOI request 'Death of Police Officers whilst under investigation for Misconduct'.

I have sent this request to all Constabularies in the UK and I have received the information requested - I am wondering why you are different? It is a simple request and I disagree that it would take you long to find out. A person would only have to look at the investigations that could not be finalized "due to death".

I am requesting this information as I am looking into the deterioration of the Mental Health of officers under investigation. I have spoken to families of officers who have died who believe that it has been as a direct result of a misconduct investigation. Not providing these details is certainly not being "open and honest" and leads me to believe this is not something you want "published" as it may not show the police in a good light

I will be taking this to the Information Commissioner if the internal review is again a refusal

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

Yours faithfully,

Victoria Harper

Freedom of Information, Cheshire Constabulary

Dear Sir/Madam

Thank you for your email dated in which you express dissatisfaction
with our response to your request under the Freedom of Information Act
2000.

In view of your comments your request has been forwarded to our
independent appeals/reviewing officer, who has been appointed by the
Authority. In accordance with our current policy, in line with
the guidance from the Information Commissioner we aim to provide
a response to you within 20 working days.

If you require any further information you may contact me, details below.

Regards

Freedom of Information Officer
Information Compliance
Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA

Tel :: 01606 366556

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

Sarah Davies, Cheshire Constabulary

2 Atodiad

Dear Miss Harper

 

I am writing in response your email dated 7th February 2020 requesting an
independent appeal against the decision made in relation to your request
for information under the Freedom of Information Act 2000.

Your original request

 

I would like to know the incidents of death of police officers whilst
under investigation for misconduct.  Both natural and suicide.

If this is not recorded I would like to know why?

The Constabulary’s original response

 

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 s1(1)(b) is to disclose information
that has been confirmed as being held.  Where exemptions are relied upon
Section 17 of the FOIA requires that we provide the applicant with a
notice which: a) states that fact; b) specifies the exemptions in question
and c) state (if that would not otherwise be apparent) why the
exemption(s) applies.

From our preliminary assessment we are unable to provide this as it would
exceed the appropriate costs limit under section 12 of the Freedom of
Information Act 2000. This is currently £450. The basis for this
calculation is the cost of retrieving the data to answer your questions. 
To obtain the relevant information relating to the above request we would
need to read through every incident/occurrence relating to this subject.
This will require a manual review of hundreds of records to establish if
the officer died whilst under investigation.

It would take one member of staff approximately 5 minutes per record
equating to far in excess of 18 hours of work. Your entire request is
therefore refused.

 

The appropriate limit is defined in the Data Protection and Freedom of
Information (Fees and Appropriate Limit) Regulations 2004, which is
covered by statutory Instrument Number 3244 of 2004. Furthermore, Section
12 of the Freedom of Information Act 2000 allows a public authority to
refuse to respond to a request for information where the cost of
compliance would exceed the appropriate limit as defined by the above
mentioned regulations.

Unfortunately on this occasion I am unable to assist you in redefining
your request to provide any meaningful information

Your response

 

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

 

I am writing to request an internal review of Cheshire Constabulary's
handling of my FOI request 'Death of Police Officers whilst under
investigation for Misconduct'.

 

I have sent this request to all Constabularies in the UK and I have
received the information requested - I am wondering why you are
different?  It is a simple request and I disagree that it would take you
long to find out.  A person would only have to look at the investigations
that could not be finalized "due to death". 

 

I am requesting this information as I am looking into the deterioration of
the Mental Health of officers under investigation.   I have spoken to
families of officers who have died who believe that it has been as a
direct result of a misconduct investigation.  Not providing these details
is certainly not being "open and honest" and leads me to believe this is
not something you want "published" as it may not show the police in a good
light

 

I will be taking this to the Information Commissioner if the internal
review is again a refusal

The Constabulary’s response to your appeal

 

The appeal process is to review the original request and the process
undertaken to achieve the disclosure. I can confirm that I have reviewed
your original request and the initial response sent to you, your appeal is
not upheld although an incorrect exemption was used previously, please see
the following;

 

Section 17 of the Freedom of Information Act 2000 requires the Cheshire
Constabulary, when refusing to provide such information (because the
information is exempt) to provide you with a notice which a) states that
fact, b) specifies the exemption in question and c) states (if that would
not otherwise be apparent) why the exemption applies.

 

Section 38 (1) (a) Health & Safety

 

Disclosure would, or would be likely to, endanger the physical or mental
health of an individual.  When an officer or  member of the public dies
the family of the deceased may be distressed for a considerable period of
time. Should that death not be due to natural causes the distress can be
significantly increased.  It is often that close family members never get
over the loss of their loved one and this can extend to the wider family
and to close friends.

 

Disclosure of the information requested could personally identify a family
that have suffered a terrible loss.

Cheshire Constabulary has a duty of care (including psychologically) to
the families of police officers and must assess where its actions would
likely to cause further distress to the families. The disclosure of any
details regarding deceased officers must be handled sensitively and
unexpected disclosure of this sort would be likely to remind  families of
a time they received life-changing and devastating news.

 

Factors favouring disclosure

There may be a public interest in disclosing this information as this
could promote openness and transparency, providing a better awareness to
the public, which may encourage more information being submitted from
members of the public which could assist with policing.

 

Factors favouring non-disclosure

Any disclosure of information which undermines public safety would not be
in the public interest as it would be likely to have a detrimental effect
on families left behind by a loved one, potentially placing members of the
family at an increased risk.

 

Balance Test

The points above highlight the merits for and against disclosure.
Undoubtedly disclosure will provide a greater openness and transparency.

 

In order to safeguard the mental health of surviving relatives and friends
and as much as there is a public interest in knowing these details it has
to be proportionate and balanced, this will only be overridden in
exceptional circumstances. Therefore, at this moment in time, it is our
opinion that for these issues the balance test for disclosure of the
information is not made out.

 

Under the Freedom of Information Act 2000, you have further recourse for
appeal, if required, to the Information Commissioner. Information can be
obtained about the appeal procedure from:

 

The Information Commissioner

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK8 5AF

 

Regards

 

Sarah Davies

Information Officer

Joint Corporate Services  | Cheshire Constabulary  | Police HQ | Clemonds
Hey | Winsford | Cheshire | CW7 2UA | Phone: 01606 366556 |  Email:
[1][email address]

Visit [2]www.cheshire.police.uk | Follow [3]@cheshirepolice on Twitter |
Like [4]Cheshire Police on Facebook

[5]logo[6]cid:image001.jpg@01D24FB5.8237DE20

 

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links
1. mailto:[email address]
2. http://www.cheshire.police.uk/
3. http://www.twitter.com/cheshirepolice
4. http://www.facebook.com/cheshirepolice