Detective Sergeant Colin Helyer

Gwrthodwyd y cais gan Cleveland Police.

Dear Cleveland Police,

https://www.dailymail.co.uk/femail/artic...

1.How much did you pay in damages, costs and your costs to Ms. Valerie Kadman-Khan.
2. What sanction did you levy against Helyer?

Yours faithfully,

Edward Williams

Freedom of Information, Cleveland Police

This mailbox is for Freedom of Information requests only and all other
mail will be deleted unactioned.

 

For Legal please forward your e-mail to
[1][email address] and for Subject Access please
check the Subject Access section of the Cleveland Police website under the
heading of ‘Advice and Information’ or forward your e-mail to
[2][email address] for all other
enquiries please contact Cleveland Police via 101.

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Freedom of Information, Cleveland Police

Dear Mr Williams,

Enquiry Ref: 11381/2019

I acknowledge receipt of your request for information dated 14th October 2019 and received by this office on that date.

As set out by the Freedom of Information Act it will be our aim to respond to your request within 20 working days that is by 11th November 2019. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

Please note the ‘working day’ is defined as any day other than a Saturday, a Sunday, or a day which is a bank holiday in any part of the United Kingdom. The first reckonable day is the first working day after receipt.

I hope that the above will be suitable for your needs, if you have any questions regarding your request please contact this office.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

dangos adrannau a ddyfynnir

Freedom of Information, Cleveland Police

Dear Mr Williams

Enquiry Ref: 11381-19

I write in connection with your request for information dated 14th October 2019 and received by this office on that date. Below are the questions raised in your request, and our response.

https://www.dailymail.co.uk/femail/artic...

1. How much did you pay in damages, costs and your costs to Ms. Valerie Kadman-Khan.
a) Having considered the information requested we must advised that we rely upon the following exemption

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

Notice of Non-Disclosure:
I am not disclosing the above requested information pursuant to the exemption provisions of Section 21(1) of the Freedom of Information Act 2000.
Section 21 of the Act (Information Reasonably Accessible by Other Means) states that information is exempt information if it is reasonably accessible to the applicant otherwise than under Section 1 of the Freedom of Information Act 2000. Information relative to this question was reported in the local press (Gazette) in an article dated 19th June 2015. Section 21 is an absolute exemption and where information falls within the scope of an absolute exemption, a public authority is not obliged to communicate it to an applicant and is also not obliged to comply with the duty to confirm or deny the existence of the information requested.

In accordance with the Freedom of Information Act 2000, this letter represents a Refusal Notice for question 1 of this particular request.

2. What sanction did you levy against Helyer?
a) Having considered the information requested we must advised that we rely upon the following exemption

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1) (b) is to disclose information that has been confirmed as being held. Where exemptions 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) states (if that would not otherwise be apparent) why the exemption applies.
Cleveland Police can neither confirm nor deny that it holds information pertinent to this request as the duty in Section 1(1) (a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemption:
Section 40(5) Personal Information
This should not be taken as conclusive evidence that any information that would meet your request exists or does not exist.
Section 40 is an absolute exemption, which means that the legislators have identified that harm would be caused by any release. In addition there is no requirement to consider the public interest test.
By way of explanation to you I would point out the following: Under subsection 2 of Section 40 of The Freedom of Information Act, information is exempt information if it constitutes personal information of which the applicant is not the data subject. In order to be considered exempt personal information, the information must satisfy one of two conditions. It must either be information which would be exempt from disclosure to the data subject under the provisions of the Data Protection Act 1998, or disclosure of the information would contravene any of the Data Protection Principles or cause damage or distress to the data subject and or their families.

On this occasion the information requested is clearly personal information and would contravene the first principle of the General Data Protection Regulation (GDPR) - lawfulness, fairness and transparency, what are the likely expectations of the data subjects, in that would they expect the Cleveland Police to release personal details to the world, since release of information under The Freedom of Information Act 2000, is release to the world at large and not just to the individual applicant and as such I believe to do so would amount to unfair processing and hence therefore is exempt under Section 40(2)(a).

None of the above can be viewed as an inference that the information you seek does or does not exist.
The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

If I can be of any further assistance please do not hesitate to contact this office.

Yours sincerely

Mrs M Johnson
Freedom of Information Decision Maker
Department of Standard & Ethics | 1 Cliffland Way | Hemlington | TS8 9GL

Website | Facebook | Twitter | Instagram | LinkedIn

Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

dangos adrannau a ddyfynnir

Dear Cleveland Police,

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

I am writing to request an internal review of Cleveland Police's handling of my FOI request 'Detective Sergeant Colin Helyer'.

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,

Edward Williams

Freedom of Information, Cleveland Police

Dear Mr Williams

Enquiry Ref: 11381/2019

I acknowledge receipt of your e-mail dated 7th November 2019 requesting that we review our response to your request for information concerning the amount of compensation paid to a member of the public and details of the sanctions levied against the officer involved. My understanding is that the issues you have raised are as follows:-

Not stated, you simply ask that a review be carried out of our handling of your request.

The review will be conducted by an independent reviewer and we will aim to respond by 6th December. However, if we are unable to complete the review by this date your will be advised accordingly.

If we can be of any further assistance please do not hesitate to contact this office on 01642 306825 or 01642 306832.

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

dangos adrannau a ddyfynnir

RUMINS, Samantha (C8894), Cleveland Police

2 Atodiad

Dear Mr Williams

 

Enquiry ref 11381/2019

 

I have been requested to carry out an internal review of Cleveland
Police’s response to your FOI request.

 

By request dated 14^th October 2019 you raised the following questions:

 

[1]https://www.dailymail.co.uk/femail/artic...

 

1.How much did you pay in damages, costs and your costs to Ms. Valerie
Kadman-Khan.

2. What sanction did you levy against Helyer?

 

Your request was refused by the Freedom of Information Decision maker as
she found that the information was exempt, question 1 by virtue of Section
21 of the Freedom of Information Act 2000 and question 2 by Section 1 and
Section 40(5) of the Freedom of Information Act 2000.

 

I note that the response to your request was received within the timescale
of 20 working days, as you received the response from Cleveland Police on
7^th November 2019.

 

I have reviewed your request and it is my determination that the
information requested is exempt.

 

In regards to question 1, the information is exempt by virtue of Section
21 of the Freedom of Information Act 2000 in that (1) the information is
reasonably accessible to the applicant. The Freedom of Information
Decision maker supplied details of where this information could already be
found, namely in the local press (Gazette) in an article dated 19^th June
2015.

 

In regards to question 2, the information is exempt by virtue of Section 1
of the Freedom of Information Act 2000 in that Cleveland Police can
neither confirm or deny whether the information is held, subject to
Section 40(5) of the Freedom of Information Act 2000 in that the request
relates to personal information and any disclosure would breach the
individual’s Data Protection rights.

 

Please treat this as a refusal notice under Section 17 of the Freedom of
Information Act 2000.

 

If you are not satisfied with the outcome of this internal review you can
appeal to the Information Commissioner at the following address:

 

The Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Or alternatively email [2][email address]

 

Kind regards

 

Sam Rumins

 

 

 

C8894 Samantha Rumins

Senior Paralegal/Practice Manager

Evolve Collaborative Legal Services

 

Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL

 

[3]cid:image002.jpg@01D55DAC.4E572630[4]cid:image003.png@01D4A2BA.16CFF050

 

[5]Website | [6]Facebook | [7]Twitter | [8]Instagram | [9]LinkedIn

 

Public Service | Transparency | Impartiality | Integrity

 

Please do not use social media or email to report crime as we do not
monitor these accounts 24/7. Dial 999 in an emergency or visit the
[10]contact us section of our website for all reporting options.

 

Please be advised that this communication and associated communications
may be protected by legal professional privilege or litigation privilege
and as such should not be disclosed to any other person without reference
to legal services and the recipient.

 

References

Visible links
1. https://www.dailymail.co.uk/femail/artic...
2. mailto:[email address]
5. https://www.cleveland.police.uk/
6. https://www.facebook.com/clevelandpolice/
7. https://twitter.com/ClevelandPolice
8. https://www.instagram.com/clevelandpolic...
9. https://www.linkedin.com/company/clevela...
10. https://www.cleveland.police.uk/contact-...