Dear Northamptonshire Police,

Provide all correspondence between you and the FCO regarding death of Harry Dunne.

Provide all information held which relates in any way to Dominic Raab/the Foreign Office asking Northamptonshire Police to delay telling Harry Dunn's family that the woman involved in the crash that killed their son had left the UK.

Yours faithfully,

Edward Williams

Barrie Gemma,

1 Atodiad

Dear Mr Williams

 

RE: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION  Our Ref:
007163/19

 

With reference to your e-mail received 01/11/2019 requesting information:

 

Provide all correspondence between you and the FCO regarding death of
Harry Dunne.

 

Provide all information held which relates in any way to Dominic Raab/the
Foreign Office asking Northamptonshire Police to delay telling Harry
Dunn's family that the woman involved in the crash that killed their son
had left the UK.

 

This is to inform you that Northamptonshire Police are currently dealing
with high levels of demand for information. Every effort will be made to
ensure that you receive an appropriate response on time, however, we may
not be able to complete the response to your request within 20 working
days. The ICO is aware and we are currently enacting a recovery plan.

 

On behalf of Northamptonshire Police, I do apologise for any inconvenience
that may be caused by this delay and if you wish to discuss this any
further then please contact the undersigned.

 

Northamptonshire Police provides a review and appeals procedure within the
terms of the Freedom of Information Act 2000. If you decide to make an
appeal and, having followed the full process you are still dissatisfied,
you will then have the right to direct your comments to the Information
Commissioner who will give due consideration to the matter. See Appendix
'a' attached.

 

Yours sincerely

 

Gemma Barrie

C1374 Gemma Barrie| Freedom of Information Officer and Researcher

Force Information Unit | Professional Standards Department

Northamptonshire Police

 

Telephone: 101 | Ext No. 343701 - (If calling from outside
Northamptonshire, please call 03000 111 222)

Email: [1][email address]

Address: Force Headquarters, Wootton Hall, Wootton Hall Park, Northampton
NN4 0JQ

 

Northamptonshire Police "Putting Communities First"

 

The content of this email should be treated as RESTRICTED unless otherwise
indicated

 

 

dangos adrannau a ddyfynnir

Barrie Gemma,

1 Atodiad

Dear Mr Williams   

 

RE: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION  Our Ref:
007163/19

 

With reference to your e-mail received 01/11/2019 requesting information
as reproduced below:

 

Provide all correspondence between you and the FCO regarding death of
Harry Dunne.

 

Provide all information held which relates in any way to Dominic Raab/the
Foreign Office asking Northamptonshire Police to delay telling Harry
Dunn's family that the woman involved in the crash that killed their son
had left the UK.

 

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.

 

Section 17 of the Freedom of Information Act 2000 requires
Northamptonshire Police, when refusing to provide such information
(because the information is exempt within the provisions of the Act) is
required to provide you, 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 exemptions
apply.

 

Northamptonshire Police is not obliged to provide information relevant to
question 1 by virtue of:

 

Section 27(1) International Relations

Section 30(1) Investigations and Proceedings Conducted by Public
Authorities

Section 40(2) Personal Information

 

Section 27(1) International Relations

 

Factors favouring release

Disclosure would provide openness and transparency by highlighting that
Northamptonshire Police is proactively engaging with Governmental
Departments and other law enforcement agencies both at home and abroad.

 

Factors favouring non-disclosure

The importance of building and maintaining goodwill within international
relations cannot be underestimated. By releasing any communications that
Northamptonshire Police has exchanged with Governmental Departments would
undermine the relationship, trust and confidence built up between them.

 

Section 30(1) Investigations and Proceedings Conducted by Public
Authorities

This exemption is qualified and class-based.  This covers information held
at any time for the purposes of a specific investigation, criminal or
otherwise.  The information is collected and collated as part of an
investigation carried out by Northamptonshire Police.

 

This exemption is class-based and legislators, therefore, have accepted
that the release of any information in this class may be harmful. 
However, since the exemption is qualified, I am required to apply the
public interest test.

 

Factors favouring release

Disclosure of this information would enlighten members of the public as to
the effectiveness and efficiency of the Force. This may promote awareness
and accountability where expenditure of public funds is concerned.

 

Factors favouring non-disclosure

Information relating to a criminal investigation will rarely be disclosed
under the Freedom of Information Act. Preliminary disclosure may prejudice
the outcome of an investigation and undermine the right to a fair trial
and therefore undermine the relationship and confidence between the Force
and the public or others involved in the investigation. The Police service
is tasked with protecting the community and solving crime and they would
not disclose information if it would jeopardise those important roles. By
disclosing the requested information in this case would mean that criminal
investigations would be less effective and the small benefit in increased
public awareness would not be adequate compensation for such an impact on
society.

 

Balance test

Whilst there is a public interest in the transparency of investigations,
there is a very strong public interest in the integrity of police
investigations and operations in this area.  As much as there is public
interest in knowing that policing activity is appropriate and balanced in
this type of matter, this will only be overridden in exceptional
circumstances. Therefore it is our opinion that for these issues the
balancing test for  release is not made out.

 

S40(2) Personal Information

This absolute exemption applies because the right given under the Freedom
of Information Act 2000 to request official information held by public
authorities, does not apply to personal data or personal data of third
parties. Any requests for third party information become subject to
exemption in consideration of infringement of the Principles of the Data
Protection Act and therefore attract pursuance of exemption under section
40 of the Freedom of Information Act 2000 - in this instance disclosure
would breach the First, Second and Sixth Principles of the Data Protection
Act 2018.

 

Northamptonshire Police neither confirms nor denies that it holds
information relevant to question 2 by virtue of:

 

Section 30(3) Investigations and Proceedings Conducted by Public
Authorities

Section 40(5) Personal Information

 

Section 30(3) Investigations and Proceedings Conducted by Public
Authorities

 

Factors against maintaining a neither confirm nor deny stance

Confirming that information exists could promote public trust in providing
transparency and demonstrating openness and accountability into how
investigations take place. If an investigation is closed and proceedings
have been completed, it would also give the public satisfaction that the
investigation was conducted properly.

 

Factors favouring maintaining a neither confirm nor deny stance

By neither confirming nor denying that information is held, any on-going
investigations will not be exposed and therefore will not be prejudiced or
undermined. In addition confirmation that any information does exist could
affect the forces future law enforcement capabilities which would hinder
the prevention and detection of crime. In addition, Northamptonshire
Police would never reveal who, what and when information about a
particular individual is recorded as this would clearly undermine the law
enforcement and investigative process. 

 

Balance test

Whilst there is a public interest in the transparency of investigations,
there is a very strong public interest in the integrity of police
investigations and operations in this area.  As much as there is public
interest in knowing that policing activity is appropriate and balanced in
this type of matter, this will only be overridden in exceptional
circumstances. Therefore it is our opinion that for these issues the
balancing test for confirming or denying whether any information relevant
to your request exists is not made out.

None of the above can be viewed as an inference that information does or
does not exist.

 

S40(5) Personal Information  

 

This absolute exemption applies because the right given under the Freedom
of Information Act 2000 to request official information held by public
authorities, does not apply to personal data or personal data of third
parties. Any requests for third party information become subject to
exemption in consideration of infringement of the Principles of the Data
Protection Act and therefore attract pursuance of exemption under section
40 of the Freedom of Information Act 2000 - in this instance disclosure
would breach the First, Second and Sixth Principles of the Data Protection
Act 2018. However, this should not be taken as conclusive evidence that
the information you requested exists or does not exist.

 

I trust you find this information to be satisfactory but if you have any
further queries please do not hesitate to contact me.

 

Northamptonshire Police provides a review and appeals procedure within the
terms of the Freedom of Information Act 2000. If you decide to make an
appeal and, having followed the full process you are still dissatisfied,
you will then have the right to direct your comments to the Information
Commissioner who will give due consideration to the matter. See Appendix
'a' attached.

 

Yours sincerely

 

Gemma Barrie

C1374 Gemma Barrie| Freedom of Information Officer and Researcher

Force Information Unit | Professional Standards Department

Northamptonshire Police

 

Telephone: 101 | Ext No. 343701 - (If calling from outside
Northamptonshire, please call 03000 111 222)

Email: [1][email address]

Address: Force Headquarters, Wootton Hall, Wootton Hall Park, Northampton
NN4 0JQ

 

Northamptonshire Police "Putting Communities First"

 

The content of this email should be treated as RESTRICTED unless otherwise
indicated

 

dangos adrannau a ddyfynnir

Dear Northamptonshire Police,

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

I am writing to request an internal review of Northamptonshire Police's handling of my FOI request 'Harry Dunn'.

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

Yours faithfully,

Edward Williams

Kightley-Jones Trina,

1 Atodiad

Dear Mr Williams

 

I write in response to your requirement for an internal review of your
Freedom Of Information request reference number 7163/19 asking that we:

 

1)      Provide all correspondence between you and the FCO regarding death
of Harry Dunne.

2)      Provide all information held which relates in any way to Dominic
Rabb/ the Foreign Office asking Northamptonshire Police to delay telling
Harry Dunn’s family that the woman involved in the crash that killed their
son had left the UK.

 

I have reviewed the response that Northamptonshire Police provided.  I
have referred to the Freedom Of Information Act 2000 legislation and
considered the exemptions that have been applied against the information
requested. Having done so I can confirm that I believe the use of Section
27 (1); Section 30 (1) and Section 40 (2) have been correctly applied to
question 1. It is also the case that I believe Section 30 (3) and Section
40 (5) have been correctly applied to question 2.

 

The necessary public interest tests have been applied  providing factors
of consideration for disclosure and non-disclosure and formed part of the
response that you were provided with.

 

If you are not satisfied with the response that has been provided please
find attached a document which provide you with details of how to submit a
complaint.

 

Yours Sincerely

 

Trina Kightley-Jones

 

C1278 Trina Kightley-Jones | Data Protection & Information Unit Manager |

Force Information Unit | Professional Standards Department

Northamptonshire Police

 

Telephone: 101 | Ext No. 344567 - (If calling from outside
Northamptonshire, please call 03000 111 222)

Email: [1][email address]

Address: Force Headquarters, Wootton Hall, Wootton Hall Park, Northampton
NN4 0JQ

 

Northamptonshire Police "Fighting Crime, Protecting People"

 

The content of this email should be treated as OFFICIAL - SENSITIVE unless
otherwise indicated

 

 

dangos adrannau a ddyfynnir

Gadawodd Edward Williams anodiad ()

Referred to ICO today for s50.