Information about your dealings with Stonewall [Extraneous material removed]

Roedd y cais yn rhannol lwyddiannus.

Dear West Midlands Police,

This is a request under the Freedom of Information Act 2000 (FOIA). Please provide any information that you hold answering to any of the following descriptions:

1. Any application you made in 2019 or 2020 to be a “Stonewall Diversity Champion” or to be included on Stonewall’s “Workplace Equality Index,” including any attachments or appendices to those applications. Please redact personal details if necessary.

2. Any feedback you received in 2019 or 2020 from Stonewall in relation to either application or programme.

3. Any other communication you have received from Stonewall in 2019 or 2020 unless privileged or otherwise exempt from disclosure (but if you claim privilege or exemption in relation to any material, please say in broad terms what the material is and the basis on which you claim to be entitled to withhold it).

4. Full details of any equality impact assessment you carried out connected with any of these applications (including any equality impact assessment carried out prior to an earlier application of the same kind, if no further assessment was done).

5. Details of the total amount of money you paid to Stonewall (i) in 2019; (ii) in 2020, whether or not as payment for goods or services.

6. Whether you intend to continue your membership of any Stonewall scheme in the future, and if so which.

Yours faithfully,

Ermine Amies

Freedom of Information,

Thankyou for your e-mail, you have contacted the Freedom of Information
Department

Valid FOI requests will be considered in accordance with the Freedom of
Information Act 2000 and you will receive a response, subject to the
information not being exempt or containing a reference to a third party
Although every effort will be made to ensure a response is provided within
the statutory timescale of 20 working days, due to current circumstances
delays may be unavoidable.  We apologise for any inconvenience and will
endeavour to process your request as quickly as is practicable.

What can I not access under FOI?
You will not be able to access information:

  *   about yourself. This is a Subject Access
Request<https://www.west-midlands.police.uk/abou...>
(SAR)
  *   about third parties
  *   about your police record
  *   to access legal aid
  *   for employment purposes
  *   for civil proceedings
  *    for insurance requests
  *    in relation to police certificates for the purpose of emigration,
visas and residency
If you want to make a request on any of the above, visit our main website
to find out how:
https://www.west-midlands.police.uk/abou...

or make contact with the `Live Chat` team on the force website who will be
able to assist you further.
https://www.west-midlands.police.uk/cont...

Preventing crime, protecting the public and helping those in need.
If it’s not 999, search WMP Online<https://www.west-midlands.police.uk/>

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

Freedom of Information,

6 Atodiad

Dear Ermine Amies

 

 

FOI Request Reference: 188A/21

 

Thank you for your request for information, received 04/02/2021.

 

REQUEST

 

1. Any application you made in 2019 or 2020 to be a “Stonewall Diversity
Champion” or to be included on Stonewall’s “Workplace Equality Index,”
including any attachments or appendices to those applications. Please
redact personal details if necessary.

 

2. Any feedback you received in 2019 or 2020 from Stonewall in relation to
either application or programme.

 

3. Any other communication you have received from Stonewall in 2019 or
2020 unless privileged or otherwise exempt from disclosure (but if you
claim privilege or exemption in relation to any material, please say in
broad terms what the material is and the basis on which you claim to be
entitled to withhold it).

 

4. Full details of any equality impact assessment you carried out
connected with any of these applications (including any equality impact
assessment carried out prior to an earlier application of the same kind,
if no further assessment was done).

 

5. Details of the total amount of money you paid to Stonewall (i) in 2019;
(ii) in 2020, whether or not as payment for goods or services.

 

6. Whether you intend to continue your membership of any Stonewall scheme
in the future, and if so which.

 

RESPONSE

 

Our data are not organised in such a way as to allow us to provide this
information within the appropriate (cost) limit within the Freedom of
Information (FOI) Act (see ‘Reason for Decision’ below).

 

Although excess cost removes the force’s obligations under the Freedom of
Information Act, as a gesture of goodwill I have supplied information,
relative to your request, retrieved before it was realised that the fees
limit would be exceeded (see attached). I trust this is helpful, but it
does not affect our legal right to rely on the fees regulations for the
remainder of the request.

 

REASON FOR DECISION

 

Please note that researching each individual case would exceed the
appropriate limit (FOIA, s.12).  Multiple people within the organisation
may have been in touch with Stonewall, therefore in order to locate and
retrieve this information would exceed the FOI time limit.

 

The cost of compliance with the whole of your request is above the amount
to which we are legally required to respond, i.e. the cost of locating and
retrieving the information would exceed the appropriate costs limit under
section 12(1) of the FOI Act 2000. For West Midlands Police, the
appropriate limit is set at £450, as prescribed by the Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulations
2004, S.I. 3244.

 

Further information on section 12 of FOI is available here:

 

https://www.app.college.police.uk/app-co...

 

ADDITIONAL INFORMATION

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[1]http://foi.west-midlands.police.uk/

 

RIGHT OF APPEAL

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[2]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

Andrea Mobberley

Freedom of Information

Corporate Communications | West Midlands Police
 

[3][email address]

Preventing crime, protecting the public and helping those in need.

[4]If it’s not 999, search WMP Online

[5]twitter icon [6]Instagram Icon [7]YouTube Icon [8]Facebook icon

[9]View all our social network links

 

Our vision: Preventing crime, protecting the public and helping those in
need

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/
2. http://foi.west-midlands.police.uk/revie...
3. mailto:[email address]
4. website
https://www.west-midlands.police.uk/
5. http://www.twitter.com/wmpolice
6. http://www.instagram.com/westmidlandspol...
7. http://www.youtube.com/westmidlandspolice
8. http://www.facebook.com/westmidlandspolice
9. Social Networks
https://www.west-midlands.police.uk/cont...

Dear West Midlands Police,

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

I am writing to request an internal review of West Midlands Police's handling of my FOI request 'Information about your dealings with Stonewall #DontSubmitToStonewall'. FOI Request Reference: 188A/21

Your response to this request is not credible. Please review.

You say: “Our data are not organised in such a way as to allow us to provide this information within the appropriate (cost) limit within the Freedom of Information (FOI) Act (see ‘Reason for Decision’ below).”

“Although excess cost removes the force’s obligations under the Freedom of Information Act, as a gesture of goodwill I have supplied information, relative to your request, retrieved before it was realised that the fees limit would be exceeded (see attached). I trust this is helpful, but it does not affect our legal right to rely on the fees regulations for the remainder of the request.”

You claim section 12 exemption and refer me to a document prepared by the College of Policing.

I do not accept that you do not hold or have access to this information electronically and you should have worked with me to refine my request to make it possible to respond within the appropriate limit.

I direct your attention to the inadequacy of the College of Policing policy as it fails:

a) to reflect the actual advice of the Information Commissioner’s Office where the cost of compliance exceeds the appropriate limit and

b) to include police responsibility to provide advice and assistance to people who make Freedom of information requests. Specifically, you have a section 16 duty to provide me with advice and assistance to refine my request and make it possible for you to comply without incurring excessive costs. You should also turn your minds to any other ways in which you can help me to refine my request so that it captures a representative picture of your dealings with Stonewall without exceeding the appropriate limit.

Note: For completeness, I am noting your responses:

1. Any application you made in 2019 or 2020 to be a “Stonewall Diversity Champion” or to be included on Stonewall ’s “Workplace Equality Index,” including any attachments or appendices to those applications. Please redact personal details if necessary.

You said; “I am writing to inform you that we have searched our records and the information you requested is not held by West Midlands Police. We do not actually hold the specific recorded information that is being requested as it was an electronic application. “

2. Any feedback you received in 2019 or 2020 from Stonewall in relation to either application or programme.

You said “– See Feedback attached” This feedback is a document entitled “West Midlands Police WEI Consultancy” covering Feedback Option 7: The Employee Lifecycle, Option 11: Monitoring, Option 12: Supply Chains

3. Any other communication you have received from Stonewall in 2019 or 2020 unless privileged or otherwise exempt from disclosure (but if you claim privilege or exemption in relation to any material, please say in broad terms what the material is and the basis on which you claim to be entitled to withhold it).

You say: “ Multiple people within the organisation may have been in touch with Stonewall, therefore in order to locate and retrieve this information would exceed the FOI time limit.”

4. Full details of any equality impact assessment you carried out connected with any of these applications (including any equality impact assessment carried out prior to an earlier application of the same kind, if no further assessment was done).

You say: “I am writing to inform you that we have searched our records and the information you requested is not held by West Midlands Police. We didn’t conduct an Equality Assessment about making a submission to the Workplace Index because one is not required. It is not the creation of a policy or process.”

5. Details of the total amount of money you paid to Stonewall (i) in 2019; (ii) in 2020, whether or not as payment for goods or services.

You say: The total for 2019 is £2,680. The total for 2020 is £2,809. Membership fees and conferences would be Services rather than Goods

6. You intend to continue your Diversity Champions membership

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

Yours faithfully,

Ermine Amies

Gadawodd Ermine Amies anodiad ()

West Midland Police response to this request is not credible.

They say data are not organised in such a way as to allow provision of the information.

They claim section 12 exemption re requests where the cost of compliance exceeds the appropriate limit. West Mids Police referred me to a document prepared by the College of Policing which does not accurately reflect the law and the Information Commissioners’ Office guidance.

It is not credible that they do not hold or have access to this information electronically. They failed in their duty to work with me to refine my request to make it possible to respond within the appropriate limit.

They have provided a feedback document entitled “West Midlands Police WEI Consultancy” covering Feedback Option 7: The Employee Lifecycle, Option 11: Monitoring, Option 12: Supply Chains

The total paid to Stonewall in 2019 & 2020 is £5,489.

The force intends to continue your Diversity Champions membership.

Dear Freedom of Information,

I have received no acknowledgement of my request for an internal review 12 working days ago. Please advise when the review will be completed.

Yours sincerely,

Ermine Amies

Freedom of Information,

Thankyou for your e-mail, you have contacted the Freedom of Information
Department

Valid FOI requests will be considered in accordance with the Freedom of
Information Act 2000 and you will receive a response, subject to the
information not being exempt or containing a reference to a third party
Although every effort will be made to ensure a response is provided within
the statutory timescale of 20 working days, due to current circumstances
delays may be unavoidable.  We apologise for any inconvenience and will
endeavour to process your request as quickly as is practicable.

What can I not access under FOI?
You will not be able to access information:

  *   about yourself. This is a Subject Access
Request<https://www.west-midlands.police.uk/abou...>
(SAR)
  *   about third parties
  *   about your police record
  *   to access legal aid
  *   for employment purposes
  *   for civil proceedings
  *    for insurance requests
  *    in relation to police certificates for the purpose of emigration,
visas and residency
If you want to make a request on any of the above, visit our main website
to find out how:
https://www.west-midlands.police.uk/abou...

or make contact with the `Live Chat` team on the force website who will be
able to assist you further.
https://www.west-midlands.police.uk/cont...

Preventing crime, protecting the public and helping those in need.
If it’s not 999, search WMP Online<https://www.west-midlands.police.uk/>

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

Gadawodd Ermine Amies anodiad ()

Internal review due by 4 April.

Freedom of Information,

Dear Ms Aimes

 

FOI Internal Review Reference: 381A/21

Thank you for your correspondence, received 07/03/2021 where you requested
West Midlands Police to review its response to your request for
information under reference number 188A/21.

 

On 04/02/21 you requested the following:

1. Any application you made in 2019 or 2020 to be a “Stonewall Diversity
Champion” or to be included on Stonewall’s “Workplace Equality Index,”
including any attachments or appendices to those applications. Please
redact personal details if necessary.

2. Any feedback you received in 2019 or 2020 from Stonewall in relation to
either application or programme.

3. Any other communication you have received from Stonewall in 2019 or
2020 unless privileged or otherwise exempt from disclosure (but if you
claim privilege or exemption in relation to any material, please say in
broad terms what the material is and the basis on which you claim to be
entitled to withhold it).

4. Full details of any equality impact assessment you carried out
connected with any of these applications (including any equality impact
assessment carried out prior to an earlier application of the same kind,
if no further assessment was done).

5. Details of the total amount of money you paid to Stonewall (i) in 2019;
(ii) in 2020, whether or not as payment for goods or services.

6. Whether you intend to continue your membership of any Stonewall scheme
in the future, and if so which.

 

 The force responded on 3^rd March 2021 and advised that all our data are
not organised in such a way as to allow us to provide all the information
within the appropriate (cost) limit within the Freedom of Information
(FOI) Act. In relation to question 3, we advised that multiple people
within the organisation may have been in touch with Stonewall, therefore
in order to locate and retrieve this information would exceed the FOI time
limit.

The force advised that the cost of compliance with the whole of your
request is above the amount to which we are legally required to respond,
i.e. the cost of locating and retrieving the information would exceed the
appropriate costs limit under section 12(1) of the FOI Act 2000, and
provided a link for further information on section 12:

[1]https://www.app.college.police.uk/app-co...

 

Although excess cost removes the force’s obligations under the Freedom of
Information Act, as a gesture of goodwill the force provided information,
relative to your request, retrieved before it was realised that the fees
limit would be exceeded, and advised that this does not affect our legal
right to rely on the fees regulations for the remainder of the request.

 

The force advised that information was not held for question 1 because it
was an electronic application, and information was not held for question 4
because we didn’t conduct an Equality Assessment about making a submission
to the Workplace Index as one is not required.

The force provided the information requested for questions 2, 5, and 6.

 

REQUEST

You have requested an internal review of the force response on the
following basis:

You do not accept that the force do not hold or have access to the
information for question 3 electronically.

 

In addition you state that you believe the force should have worked with
you to refine your request to make it possible to respond within the
appropriate limit.

You refer specifically to section 16 duty to provide you with advice and
assistance to refine your request and make it possible for the force to
comply without incurring excessive costs.

 

RESPONSE

The response has now been reviewed and the force maintains that your
request was responded to on a proper basis.

The force is unable to provide `any other communication the force has
received from Stonewall in 2019 or 2020` for question 3, because the
information is not held centrally or in any electronic, or other,
searchable format. Any member of the force may have been contacted by
Stonewall and therefore we would have to establish which employees were
employed in 2019 and 2020 and contact every one of these employees, that
are still serving, in order to request that they search all communications
that they hold in order to establish if any relevant information is held.
The force would have had approximately 10,000 employees in the years 2019
and 2020 and this is why to try to canvass them all and request that they
search all the communications that they hold would exceed the time/fees
limit. Such a search would also not locate information that may have been
held during those years by employees that may now have left the service,
and their communications destroyed.    

 

The force was/is unable to suggest any practical way in which your request
may be modified in order to satisfy your query or bring it within the 18
hours stipulated by the Regulations due to the generic nature of the
request i.e. it encompasses any communication submitted in any form, to
any employee over a two year period. However, the force did try to assist
by providing the information held for the remainder of the request, and
also advising where information is not held. 

 

I am also willing to consider any refinements that you are able to make to
your request to bring it within the time/fees limit. If you would like to
look into refining your request please contact us again.

 

I hope that this is of assistance.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF

Please note due to Covid-19:

The ICO’s offices will be closed for the foreseeable future. They are
therefore unable to receive correspondence via post, you can instead link
to their website: [2]ico.org.uk

 

Yours sincerely,

 

Mrs R Williams

 

59614 Rebecca Williams l FOI Manager

Lloyd House l West Midlands Police

Preventing crime, protecting the public and helping those in need.

[3]If it’s not 999, search WMP Online

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. https://www.app.college.police.uk/app-co...
2. http://ico.org.uk/
3. website
https://www.west-midlands.police.uk/