Deputy PCC's Personal Development Plan

Neil Wilby made this Rhyddid Gwybodaeth request to North Yorkshire Police and Crime Panel

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.

Dear North Yorkshire Police and Crime Panel,

Please provide a copy of the Personal Development Plan as referred to in the minutes of the Panel meeting dated 6th October, 2016 (paras 183 b. and c.).

https://www.whatdotheyknow.com/request/3...

Yours faithfully,

Neil Wilby
Investigative journalist

North Yorkshire Police and Crime Panel

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
possible and within 20 working days, in accordance with legal
requirements/best practice guidance.
 
If you have asked to be removed from a mailing list – we will forward your
request onto the relevant department for action.
 
If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
copied to us.
 
For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

Dear North Yorkshire Police and Crime Panel,

The Panel may wish to note that a similar request was made to the Police Commissioner on 26th November, 2016. Julia Mulligan has been prepared to break the law (yet again) in order to avoid disclosing the requested information.

https://www.whatdotheyknow.com/request/d...

The matter is due to be passed to the Information Commissioner on 29th January, 2017 if, as expected, disclosure is not made (or a Section 17 notice issued) and the internal review is not finalised before that date.

A second court claim against the PCC is also in the course of preparation ready to be issued at the conclusion of the adjourned court proceedings I issued against her in June 2016:

https://neilwilby.com/2016/06/10/chief-c...

The Panel are reminded that a complaint I made against the PCC in July 2015 concerning FOI (amongst other issues) was not upheld.

Yours faithfully,

Neil Wilby
Investigative journalist

North Yorkshire Police and Crime Panel

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
possible and within 20 working days, in accordance with legal
requirements/best practice guidance.
 
If you have asked to be removed from a mailing list – we will forward your
request onto the relevant department for action.
 
If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
copied to us.
 
For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

nypcp, North Yorkshire Police and Crime Panel

1 Atodiad

Mr Wilby,

 

Please find below a copy of the response sent to you this morning, now
forwarded to the “what do they know” email address, as requested. 
Apologies that the incorrect email address was generated in providing this
response in the first instance.

 

Regards

 

Diane Parsons

 

 

Dear Mr Wilby

 

Thank you for your email of 17th January 2017 to the North Yorkshire
Police and Crime Panel.  You have requested a copy of the Personal
Development Plan for the Deputy Police and Crime Commissioner for North
Yorkshire.  However, the Panel is not in receipt of this information so
I'm afraid we are unable to fulfil your request.  The information holder
in this case, as you aware, would be the Office for the Police and Crime
Commissioner, contactable via the enquiry form on their website at
[1]http://www.northyorkshire-pcc.gov.uk/con... or by emailing details to
[2][email address]

 

Yours sincerely,

 

Diane Parsons

Panel Secretariat

 

Diane Parsons

Corporate Development Officer

North Yorkshire County Council

County Hall, Northallerton, DL7 8AD
Tel: 01609 532750

Working days: Mondays to Thursdays

 

[3]http://nyccintranet/sites/default/files/...

 

 

dangos adrannau a ddyfynnir

Dear North Yorkshire Police and Crime Panel,

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 Panel's handling of my FOI request 'Deputy PCC's Personal Development Plan'.

The grounds for complaint are:

1. The response is not compliant with the Act: A refusal notice under S17 should be provided, together with details of any exemptions relied upon if not providing the requested disclosure.

2. On plain reading of the minutes of the NYPCP meeting dated 6th October, 2016 (paras 183 b. and c.) the requested information should have been held by the Panel from 21st November, 2016. The date Will Naylor took up his appointment as Deputy PCC.

3. Item 2 of the Agenda for the NYPCP meeting dated 12th January, 2017 (Progress on issues raised by the Panel – update report by the Panel Secretariat) noted that a commitment had been made by the PCC at the 6th October meeting to provide the Panel with a copy of the Personal Development Plan (PDP).

4. It would, therefore, strike the mythical man on the Clapham omnibus as incredible that over two months after Mr Naylor was appointed - conditional upon production of the PDP to the Panel - the Panel still do not hold a copy of the PDP.

5. The same omnibus traveller would also find it beyond extraordinary that, two weeks after the last meeting of the Panel, the PDP has still not been produced to them by the PCC. Indeed, he may go further and say what, actually, is the point of the Panel, if this is allowed to happen in such an important, high-profile matter?

6. It was made clear in a post on this thread dated 19th January, 2017 that a request had been made to NYPCC on 26th November, 2016.

https://www.whatdotheyknow.com/request/d...

That communication to NYPCP of 19th January appears to have been either ignored, or not appropriately addressed in NYPCP's response. There is nothing in the Act that prevents a requester approaching different data controllers who both legitimately hold the same information. It should be noted that, in flagrant breach of the Act, no response whatsoever has been provided by the PCC to the request made to her. The matters of that information request, and the subsequent request for internal review, are due to be passed to the Information Commissioner tomorrow. It will be the eighth such complaint made against the PCC in the last four months.

7. Whilst it does not form a part of this internal review requiring response, I can trace no record in the Panel meeting minutes of this unusually high number of ICO complaints having been reported to the Panel by the PCC. Neither can I trace any report in the minutes concerning the £20,000 the PCC has spent defending a civil court claim over breaches of both the Freedom of Information Act and the Data Protection Act

https://neilwilby.com/2016/06/10/chief-c...

8. The Panel has published in open forum an email sent to my personal email address. That is a prima facie breach of the Data Protection Act, 1998. Please provide details of how you propose to remedy that breach.

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

The Panel is required to respond to this request for internal review by posting on this website and NOT by way of my personal email address.

Yours faithfully,

Neil Wilby
Investigative journalist

North Yorkshire Police and Crime Panel

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
possible and within 20 working days, in accordance with legal
requirements/best practice guidance.
 
If you have asked to be removed from a mailing list – we will forward your
request onto the relevant department for action.
 
If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
copied to us.
 
For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

Infogov - Veritau, North Yorkshire Police and Crime Panel

Dear Mr Wilby,

 

Further to the automatic acknowledgement sent to you on 25th January 2017
I can confirm that the Information Governance Team will review the
response to your request and reply to you within 20 working days from that
date.

 

We have also been made aware, from your tweet on 25th January 2017, that
you believe your personal data has been breached on this What Do They Know
thread. From my initial investigation I can not see any breach of your
personal data. If you would like to pursue this then please email
[1][North Yorkshire PCP request email] stating why you believe your data has been
breached and I can investigate this further for you.

 

With Kind Regards,

 

Matt North

Information Governance Officer

 

 

Access your county council services online 24 hours a day, 7 days a week
at [2]www.northyorks.gov.uk.

WARNING

Any opinions or statements expressed in this e-mail are those of the
individual and not necessarily those of North Yorkshire County Council.

This e-mail and any files transmitted with it are confidential and solely
for the use of the intended recipient. If you receive this in error,
please do not disclose any information to anyone, notify the sender at the
above address and then destroy all copies.

North Yorkshire County Council's computer systems and communications may
be monitored to ensure effective operation of the system and for other
lawful purposes. All GCSX traffic may be subject to recording and/or
monitoring in accordance with relevant legislation.

Although we have endeavoured to ensure that this e-mail and any
attachments are free from any virus we would advise you to take any
necessary steps to ensure that they are actually virus free.

If you receive an automatic response stating that the recipient is away
from the office and you wish to request information under either the
Freedom of Information Act, the Data Protection Act or the Environmental
Information Regulations please forward your request by e-mail to the
Information Governance Team ([3][North Yorkshire PCP request email]) who will
process your request.

North Yorkshire County Council.

References

Visible links
1. mailto:[North Yorkshire PCP request email]
2. http://www.northyorks.gov.uk/
3. mailto:[North Yorkshire PCP request email]

Dear Infogov - Veritau,

I refer to the message posted on this thread by Matt North.

Your decision on my complaint concerning breach of my personal data needs to be included in your outcome of the internal review.

If it remains your finding that there is no breach, then it can be challenged, appropriately and sequentially, by way of complaint to the Information Commissioner.

Yours sincerely,

Neil Wilby
Investigative journalist

North Yorkshire Police and Crime Panel

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
possible and within 20 working days, in accordance with legal
requirements/best practice guidance.
 
If you have asked to be removed from a mailing list – we will forward your
request onto the relevant department for action.
 
If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
copied to us.
 
For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

information.governance@veritau.co.uk,

Dear Mr Wilby

I've reviewed the County Council's reply to your request. The Council denied that it held the information requested, as required by Section 1(1)(a) of the Freedom of Information Act. No exemption is being relied on, and no further notice is required. You've explained that you find this fact remarkable, but I have no reason to doubt that it is correct.

I hope this is satisfactory.

Yours sincerely
Robert Beane

dangos adrannau a ddyfynnir

Dear [email address],

The Panel has signally failed to comply with the Information Commissioner's Guidance in dealing with my request for internal review: The response provided falls well short of what is required.

The matter will be passed to the ICO as a concern and they will, no doubt be in touch with the Panel Secretariat in due course.

Yours sincerely,

Neil Wilby
Investigative journalist

Dear nypcp,

A complaint has now been lodged with the ICO concerning finalisation of the request outside the requirements of the Act, publication of personal data and the finalisation of the internal review, which did not satisfactorily address the issues set out.

The ICO will, no doubt, be in touch with you in due course.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

nypcp, North Yorkshire Police and Crime Panel

Thank you for your email to the Police and Crime Panel. 

 

This account is monitored on a regular basis but please bear in mind that
it may not be possible to review and acknowledge your email on the same
day.

 

We aim to respond to all correspondence substantively within 20 working
days.

 

If you have an urgent query on a County Council-related issue please call
01609 780780.

 

 

Access your county council services online 24 hours a day, 7 days a week
at [1]www.northyorks.gov.uk.

WARNING

Any opinions or statements expressed in this e-mail are those of the
individual and not necessarily those of North Yorkshire County Council.

This e-mail and any files transmitted with it are confidential and solely
for the use of the intended recipient. If you receive this in error,
please do not disclose any information to anyone, notify the sender at the
above address and then destroy all copies.

North Yorkshire County Council's computer systems and communications may
be monitored to ensure effective operation of the system and for other
lawful purposes. All GCSX traffic may be subject to recording and/or
monitoring in accordance with relevant legislation.

Although we have endeavoured to ensure that this e-mail and any
attachments are free from any virus we would advise you to take any
necessary steps to ensure that they are actually virus free.

If you receive an automatic response stating that the recipient is away
from the office and you wish to request information under either the
Freedom of Information Act, the Data Protection Act or the Environmental
Information Regulations please forward your request by e-mail to the
Information Governance Team ([2][North Yorkshire PCP request email]) who will
process your request.

North Yorkshire County Council.

References

Visible links
1. http://www.northyorks.gov.uk/
2. mailto:[North Yorkshire PCP request email]

nypcp, North Yorkshire Police and Crime Panel

Dear Mr Wilby,

Thank you for your email of 8th April 2017 to the North Yorkshire Police and Crime Panel, the content of which has been noted.

Yours sincerely,

Diane Parsons
Police and Crime Panel Secretariat
North Yorkshire County Council
County Hall
Northallerton
DL7 8AD

dangos adrannau a ddyfynnir

Dear nypcp,

It is noted that the Panel have now been provided with the information sought.

Accordingly, please disclose the information as part of the extant request (in which the ICO confirmed yesterday that my complaints will be investigated by them) or treat this WDTK post as a new request.

Yours sincerely,

Neil Wilby
Investigative jouralist

Twitter: @Neil_Wilby
Web: neilwilby.com

nypcp, North Yorkshire Police and Crime Panel

Dear Mr Wilby

 

I acknowledge receipt of your email of 11th May to the North Yorkshire
Police and Crime Panel.

 

We will provide a response in due course and aim to respond to all
correspondence within a maximum of 20 working days.

 

Yours sincerely,

 

Diane Parsons

Panel Secretariat

North Yorkshire Police & Crime Panel

c/o North Yorkshire County Council

County Hall

Northallerton

DL7 8AD

 

dangos adrannau a ddyfynnir

Dear nypcp,

Thank you for your earlier post on this thread.

This is an extract from the Act:

"10. Time for compliance with request.

(1)Subject to subsections (2) and (3), a public authority must comply with section 1(1) promptly and in any event not later than the twentieth working day following the date of receipt".

The key word here is PROMPTLY. The 20 working day limit is very much a backstop. Not the first day you start thinking about a response.

In recent civil proceedings concerning data and information breaches, in which I succeeded in obtaining damages and costs against the Police and Crime Commissioner for North Yorkshire, District Judge Heels in Huddersfield County Court made a finding concerning "promptly", citing the well known legal authority of Brown LJ in Regency Rolls Ltd v Carnall [2000] EWCA Civ 379.

A data controller is required to act with 'all due celerity' in order to comply with Section 10.

The circumstances of the instant request would not persuade any independent reviewer that you have complied with the due celerity requirement. Indeed, they may say that it would have taken you less time to deal with the request than make a post setting out, in plain terms, how dilatory your approach your statutory obligations actually is. It is not an attractive look for a public authority, particularly one purportedly fulfilling a key scrutiny role.

The information request is straightforward, is very much in the public interest, and seeks disclosure of a single document that should be readily to hand in seconds and minutes, not weeks. If not, there is something seriously defective within the record-keeping and data retrieval systems of the North Yorkshire County Council.

The importance to the public, of disclosure of this document, is its position within the matrix of sleight of hand dealings with which both the PCC and her Deputy have indulged themselves over the appointment. In the case of Mr Naylor he has made at least one false statement on the NYPCC website about his past employent and experience - a matter which the Panel have generously decided to overlook, in a role where personal integrity should be paramount.

https://neilwilby.com/2016/11/28/pick-of...

I have no wish to make anything more of this request than it is actually worth: If it is finalised satisfactorily within a reasonable period in all the circumstances - and all the information is properly disclosed - that will be the end of the matter.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

nypcp, North Yorkshire Police and Crime Panel

Dear Mr Wilby

I write in response to your email of Thursday, 11th May 2017 which appears to refer to a Freedom of Information request previously lodged with the North Yorkshire Police and Crime Panel ("the Panel"), seeking details of the Personal Development Plan of the Deputy Police and Crime Commissioner (DPCC) for North Yorkshire.

Your latest correspondence appears to be specifically seeking the DPCC's Personal Development Plan and as such we have treated this as a continuation of your previous request dated 17th January 2017. The Panel is not in receipt of this information and therefore it still cannot be provided to you by the Panel. You may wish to note that it has also been publicly minuted at the 12th January 2017 meeting of the Panel that the Police and Crime Commissioner has been clear that she does not intend to provide this specific piece of information to the Panel (minutes available via http://democracy.northyorks.gov.uk/commi... ). As such if your request is specifically for a copy of the DPCC's Personal Development Plan then I'm afraid we remain unable to assist in this matter.

Yours sincerely,

Diane Parsons
Police and Crime Panel Secretariat
North Yorkshire County Council
County Hall
Northallerton
DL7 8AD

dangos adrannau a ddyfynnir

Dear nypcp,

May I direct your attention to the following, which is an extract from the agenda for the meeting scheduled for 18th May, 2017:

"03 Progress on Issues Raised NYPCP

Panel has been provided with the work objectives/ work plan for the DPCC."

Although an independent reviewer might consider that was case upon reading my previous ost on this thread, that is the information for which disclosure is sought. I apologise if that was not made out clearly enough.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

nypcp, North Yorkshire Police and Crime Panel

Dear Mr Wilby,

Thank you for your email of 16th May 2017 in which you have clarified the particular information that you are seeking from the North Yorkshire Police and Crime Panel.

We will provide a substantive response for you in due course.

Yours sincerely,

Diane Parsons
Police and Crime Panel Secretariat
North Yorkshire County Council
County Hall
Northallerton
DL7 8AD

dangos adrannau a ddyfynnir

Dear nypcp,

Thank you for your earlier post on this thread.

This is an extract from the Act:

"10. Time for compliance with request.

(1)Subject to subsections (2) and (3), a public authority must comply with section 1(1) promptly and in any event not later than the twentieth working day following the date of receipt".

The key word here is PROMPTLY. The 20 working day limit is very much a backstop. Not the first day you start thinking about a response.

In recent civil proceedings concerning data and information breaches, in which I succeeded in obtaining damages and costs against the Police and Crime Commissioner for North Yorkshire, District Judge Heels in Huddersfield County Court made a finding concerning "promptly", citing the well known legal authority of Brown LJ in Regency Rolls Ltd v Carnall [2000] EWCA Civ 379.

A data controller is required to act with 'all due celerity' in order to comply with Section 10.

The circumstances of the instant request would not persuade any independent reviewer that you have complied with the due celerity requirement. Indeed, they may say that it would have taken you less time to deal with the request than make a post setting out, in plain terms, how dilatory your approach your statutory obligations actually is. It is not an attractive look for a public authority, particularly one purportedly fulfilling a key scrutiny role.

The information request is straightforward, is very much in the public interest, and seeks disclosure of a single document that should be readily to hand in seconds and minutes, not weeks. If not, there is something seriously defective within the record-keeping and data retrieval systems of the North Yorkshire County Council.

The importance to the public, of disclosure of this document, is its position within the matrix of sleight of hand dealings with which both the PCC and her Deputy have indulged themselves over the appointment. In the case of Mr Naylor he has made at least one false statement on the NYPCC website about his past employent and experience - a matter which the Panel have generously decided to overlook, in a role where personal integrity should be paramount.

https://neilwilby.com/2016/11/28/pick-of...

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

nypcp, North Yorkshire Police and Crime Panel

1 Atodiad

Dear Mr Wilby,

Thank you for your email of 16th May 2017 to the North Yorkshire Police and Crime Panel ("the Panel"). You have requested a copy of the work plan for the Deputy Police and Crime Commissioner, as recently shared with the Panel by the Office of the Police and Crime Commissioner.

I attach the document in question, in PDF format, for your information.

Yours sincerely,

Diane Parsons
Police and Crime Panel Secretariat
North Yorkshire County Council
County Hall
Northallerton
DL7 8AD

dangos adrannau a ddyfynnir

Dear nypcp,

Your response to the information request is noted. As is the delay in making it.

This is an extract from the Act:

"10. Time for compliance with request.

(1)Subject to subsections (2) and (3), a public authority must comply with section 1(1) promptly and, in any event, not later than the twentieth working day following the date of receipt".

The key word here is PROMPTLY. The 20 working day limit is very much a backstop.

In recent civil proceedings concerning data and information breaches, in which I succeeded in obtaining damages and costs against the Police and Crime Commissioner for North Yorkshire, District Judge Heels in Huddersfield County Court made a finding concerning "promptly", citing the well known legal authority of Brown LJ in Regency Rolls Ltd v Carnall [2000] EWCA Civ 379.

A data controller is required to act with 'all due celerity' in order to comply with Section 10.

The circumstances of the instant request would not persuade any independent, reasonable-minded reviewer that you have complied with the due celerity requirement: The information request sought disclosure of a single page document that should have been readily to hand in seconds and minutes, not weeks. If not, there is something seriously defective within the record-keeping and data retrieval systems of the host authority, North Yorkshire County Council. In my submission, the Panel has deliberately delayed disclosure with a single purpose of seeking to vex, annoy and harass the requester.

Under the Act, there is no obligation for an authority to provide a complaints process. However, it is regarded as good practice (under the Section 45 Code of Practice) and most public authorities choose to do so.

If North Yorkshire Police and Crime Panel do have a FOIA complaints procedure (there appears to be no such notification on your website), commonly known as an internal review, could you please post details of it on this WhatDoTheyKnow thread?

I have set out below, for your convenience, the generally recognised requirements of such a complaints procedure:
a. Ensure the procedure is triggered whenever a requester expresses dissatisfaction with the outcome;
b. Ensure it is a straightforward, single-stage process;
c. Make a fresh decision based on all the available evidence that is relevant to the date of the request, not just a review of the first decision;
d. Ensure the review is done by someone who did not deal with the request, where possible, and preferably by a more senior member of staff
e. Ensure the review takes no longer than 20 working days in most cases, or 40 in exceptional circumstances.

For the benefit of the wider readership of the WhatDoTheyKnow website, NYPCP is the only policing body (of many), to whom I make information requests, that do not provide such details when finalising requests.

It may also be of interest to WDTK readers that disclosure unit staff employed by the Police and Crime Commissioner for North Yorkshire and York, whom NYPCP is charged with holding to account, do have an internal review policy. They are, however, some of the worst abusers of the FOIA complaints system in the country, with a very large proportion of finalisations falling outside of ICO Guidance and the College of Policing's Authorised Professional Practice.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

nypcp, North Yorkshire Police and Crime Panel

Dear Mr Wilby,

I write in response to your email of 6th June 2017 regarding the North Yorkshire Police and Crime Panel's ("the Panel's") handling of your Freedom of Information ("FoI") request.

You submitted a request to see the work plan of the Deputy Police and Crime Commissioner ("the DPCC") on 16th May 2017 and we provided you with this information on 6th June 2017. This is a total of 16 working days to provide a substantive response. As such, the Panel are satisfied that your request has been handled well within the statutory timeframes, particularly as we are not the body which holds the original data and would therefore seek to verify that the Panel is sharing the correct information. The body which holds the original data in this case, as you are aware, is the Office of the Police and Crime Commissioner, and for your future reference I have provided contact details again for their office below.

The Office of the Police and Crime Commissioner,
12 Granby Road,
Harrogate,
HG1 4ST
[email address]

I am unclear from your latest correspondence whether you wish to submit a formal complaint about the Panel's handling of your FoI request. If you wish to do so then you can request an internal review by emailing the information governance manager at [North Yorkshire PCP request email] or by writing to:

Information Governance Manager
Internal Audit Service
County Hall
Northallerton
DL7 8AL

Further details about the complaint handling process can be found on the County Council's website at http://www.northyorks.gov.uk/article/266...

Please could I also ask that any further FoI requests to the Panel are submitted in the first instance to [North Yorkshire PCP request email] or by using the online form available via http://www.northyorks.gov.uk/article/239...

Yours sincerely,

Diane Parsons
Police and Crime Panel Secretariat
North Yorkshire County Council
County Hall
Northallerton
DL7 8AD

dangos adrannau a ddyfynnir

Dear nypcp,

Please pass this matter to an officer who understands the Act, the statutory obligations that flow from it and the recognised Codes of Practice and Guidance that responsible public authorities adhere to.

It might also assist if the officer dealing with this matter understood that they are not responding to me personally, via private email, but posting an a public forum that is open for the world to read. That is the fundamental concept of the WhatDoTheyKnow website: Public authorities, from whom information is requested by WhatDoTheyKnow's registered users, can no longer hide in dark corners and control the agenda.

For the avoidance of doubt, I require the questions I posted on this WhatDoTheyKnow thread, yesterday, to be answered (in their entirety) on this thread. Principally, for the benefit of the wider world so that they can have a better understanding of the level of competence at which the North Yorkshire Police and Crime Panel is, generally, run and the capability, in relation to the Act, of the officers employed within it. They are both matters of significant public interest.

Once the internal review policy of the data controller is posted here, for both the wider world and myself to see, then the internal review request will be made via WhatDoTheyKnow, if the data controller's policy is framed in a way that it permits such requests to be made via this medium.

If the policy is not posted on WhatDoTheyKnow, and the internal review request accepted from the WhatDoTheyKnow website, within 20 working days from today, then I will exercise the only reasonable option open to me and make a Section 50 complaint to the Information Commissioner.

In those circumstances, given that the issues are substantially the same (apart from the breach of my personal data by the Panel Secretariat of course) I would request of the ICO that they consolidate the complaint with an earlier complaint from me, against the Panel, which is currently under investigation.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

nypcp, North Yorkshire Police and Crime Panel

Dear Mr Wilby,

 

I acknowledge receipt of your email of 7^th June 2017 in relation to the
North Yorkshire Police and Crime Panel’s response to your Freedom of
Information Act request (ref N2005).

 

A substantive response will be provided to you in due course.

 

Yours sincerely,

 

Diane Parsons

Police and Crime Panel Secretariat

North Yorkshire County Council

County Hall

Northallerton

DL7 8AD

 

 

Access your county council services online 24 hours a day, 7 days a week
at [1]www.northyorks.gov.uk.

WARNING

Any opinions or statements expressed in this e-mail are those of the
individual and not necessarily those of North Yorkshire County Council.

This e-mail and any files transmitted with it are confidential and solely
for the use of the intended recipient. If you receive this in error,
please do not disclose any information to anyone, notify the sender at the
above address and then destroy all copies.

North Yorkshire County Council's computer systems and communications may
be monitored to ensure effective operation of the system and for other
lawful purposes. All GCSX traffic may be subject to recording and/or
monitoring in accordance with relevant legislation.

Although we have endeavoured to ensure that this e-mail and any
attachments are free from any virus we would advise you to take any
necessary steps to ensure that they are actually virus free.

If you receive an automatic response stating that the recipient is away
from the office and you wish to request information under either the
Freedom of Information Act, the Data Protection Act or the Environmental
Information Regulations please forward your request by e-mail to the
Information Governance Team ([2][North Yorkshire PCP request email]) who will
process your request.

North Yorkshire County Council.

References

Visible links
1. http://www.northyorks.gov.uk/
2. mailto:[North Yorkshire PCP request email]

Dear nypcp,

On WhatDoTheyKnow, it is very highly unlikely that its wider readership would be able to distinguish between a 'response' and 'substantive response'.

You would, when (or if) the Panel gets around to it, be making a post on a thread on a publicly accessible website. I do keep trying to assist you with careful, and patient, explanations concerning this point.

For reasons best known only to the Panel, they appear to be unwilling (or unable) to take this on board.

What was requested of the Panel, in my post on this thread of 6th June, 2017, is not rocket science: Internal review, or complaint, policies are what all well-run public authorities - and their data controllers - should have immediately to hand. It is an interesting commentary on the state of the Panel, and its host authority, North Yorkshire County Council, that they do not.

Any reasonable, independent reviewer (the ICO or the FTT for example) may well conclude that, in the time taken over your two most recent posts, my request of 6th June could, and should, have been answered satisfactorily and the matter progressed.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

nypcp, North Yorkshire Police and Crime Panel

1 Atodiad

Dear Mr Wilby,

 

Thank you for your emails of 7^th and 8^th June 2017 to the North
Yorkshire Police and Crime Panel. 

 

For the purpose of clarity, you are seeking the following information from
the Panel (and from North Yorkshire County Council):

 

1.     The internal review procedure for Freedom of Information Act
requests;

2.     Clarity as to whether the information governance team will accept
an internal review request made via the WhatDoTheyKnow (WDTK) website.

 

In relation to point 1 I have attached a note which sets out the process
for requesting an internal review and how this works.  Apologies if my
previous response was not sufficiently clear for you in relation to the
process.

 

In relation to point 2, I have clarified with the information governance
team that while they are happy for a request to be made via the WDTK site,
they require any such requests to be directed to
[1][North Yorkshire PCP request email], as indicated in the attached note.

 

I hope this is helpful but please get in touch if any of the above is
unclear.

 

Yours sincerely,

 

Diane Parsons

Police and Crime Panel Secretariat

North Yorkshire County Council

County Hall

Northallerton

DL7 8AD

 

 

Access your county council services online 24 hours a day, 7 days a week
at [2]www.northyorks.gov.uk.

WARNING

Any opinions or statements expressed in this e-mail are those of the
individual and not necessarily those of North Yorkshire County Council.

This e-mail and any files transmitted with it are confidential and solely
for the use of the intended recipient. If you receive this in error,
please do not disclose any information to anyone, notify the sender at the
above address and then destroy all copies.

North Yorkshire County Council's computer systems and communications may
be monitored to ensure effective operation of the system and for other
lawful purposes. All GCSX traffic may be subject to recording and/or
monitoring in accordance with relevant legislation.

Although we have endeavoured to ensure that this e-mail and any
attachments are free from any virus we would advise you to take any
necessary steps to ensure that they are actually virus free.

If you receive an automatic response stating that the recipient is away
from the office and you wish to request information under either the
Freedom of Information Act, the Data Protection Act or the Environmental
Information Regulations please forward your request by e-mail to the
Information Governance Team ([3][North Yorkshire PCP request email]) who will
process your request.

North Yorkshire County Council.

References

Visible links
1. mailto:[North Yorkshire PCP request email]
2. http://www.northyorks.gov.uk/
3. mailto:[North Yorkshire PCP request email]

Dear nypcp,

I refer to your post on this thread dated 12th June, 2017.

The followings points are made in response:

1. I did not send any emails dated 7th or 8th June to the Panel. Posts were made on this WhatDoTheyKnow (WDTK) thread. WDTK, presumably, forwarded to the Panel copies of those posts.

2. The Panel's previous response regarding internal review policy was, on any independent view, not clear.

3. The Panel's latest response is not compliant with the Act. Indeed, none of the Panel's responses have EVER been compliant. with the Act. There are now well grounded reasons to doubt that the Panel actually employs anyone who understands their responsibilities under it. Or understands (or wants to understand) how the WDTK website works in hosting requesters and data controllers. Even though 15% of ALL information requests in the UK are now made via this website.

4. 19,624 public authorities participate on WDTK. 407,571 requests have been made on the website. It is a modern day phenomenon. But, on all the evidence, it appears that North Yorkshire Police and Crime Panel can't really be bothered with it.

5. The policy document you have provided as an attachment is defective: It is not possible for WDTK users to select specific email addresses. They have no control over such functions. It is, on any independent view, a lazy, thoughtless response.

6. Moreover, there is no explanation provided by the Panel as to why an internal review request can only be considered via one single email address. Every other public authority with whom I deal, in my role as a journalist, has ITC systems and servers which are capable of transferring messages from one mail client to another (sometimes referred to in the wider world as forwarding an email).

7. As a point of learning, this is something the Panel, and its host authority, may consider worthwhile as a future transformation project. So that messages received by the Panel, from WDTK, can quickly and easily be transferred to the relevant person (or group) within the host authority who deals with internal review requests.

8. A reasonable, fair-minded reviewer might, therefore, having first appraised this post, and then the entirety of the thread, conclude that (i) the Panel employs staff that are either (a) poorly managed (b) intellectually challenged, or (c) deliberately obtuse, or (d) all three (ii) the Panel is setting out to deliberately vex, annoy and harass (iii) the Panel has no regard for common sense, ethical standards, the Nolan Principles, or convention rights at Article 8.

9. In all the circumstances, it is neither proportionate, nor good for my future well-being, to continue this process of trying to persuade the Panel, and its host authority, to both comply with the Act and properly embrace WDTK. Accordingly, there is no feasible alternative to lodging a second complaint, under Section 50 of the Act, with the Information Commissioner's Office (ICO).

10. A copy of the complaint will be posted on this thread, for the benefit of the wider world, when it is finalised. An earlier complaint against the Panel, made to the ICO, is already being 'investigated' (the term is used loosely). The ICO will be invited to conjoin the two.

11. Separately, civil court proceedings are to be issued under Section 13 (2) of the Data Protection Act, 1998 against the Panel concerning breach by way of publication of my personal data. I will be claiming nominal damages, declaratory relief, non-monetary relief. I have, of course, already succeeded in a DPA claim against the Police and Crime Commissioner for North Yorkshire.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com