Ben van der Merwe

Dear Cleveland Police,

I would be grateful if you are able to provide me the following data under the Freedom of Information Act:

For March 2020 onwards, information on every planned protest or march ('protest') in your area that police have been formally made aware of, including:

1. Whether the protest was authorised by the police,
2. The purpose or affiliation of the protest,
3. The date and location of the protest,
4. Whether the protest took place,
5. If the protest took place:
a). The number of arrests made at the protest,
b). The number of cautions made at the protest,
c). Whether any fine was issued to the organisers.

If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, it would be great if you could provide advice and assistance, under Section 16, as to how I can better word the request.

Yours faithfully,

Ben van der Merwe

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

Enquiry ref: 12793-21

I acknowledge receipt of your enquiry received by this office on 1st April.

As set out by the Freedom of Information Act it will be our aim to respond to your request by 4th May. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

However although every effort will be made to ensure a response is provided within statutory deadlines, 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.

Please note the ‘working day’ is defined as any day other than a Saturday, 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.

If you have any questions regarding your request please 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

“Delivering outstanding policing for our communities”

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 van de Merwe,

 

Enquiry Ref: 12793/2021

 

I write in connection with your request for information dated 1^st April
2021 and received by this office on that date.  Below are the questions
raised in your request and all of the information we have been able to
retrieve.

 

For March 2020 onwards, information on every planned protest or march
('protest') in your area that police have been formally made aware of,
including:

1. Whether the protest was authorised by the police,

2. The purpose or affiliation of the protest,

3. The date and location of the protest,

4. Whether the protest took place,

5. If the protest took place:

a). The number of arrests made at the protest,

b). The number of cautions made at the protest,

c). Whether any fine was issued to the organisers.

Having considered the content of your request we must advise that we would
rely upon the following to answer question 5 a-c.

 

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.

 

Having made enquiries regarding question 5 of your request we have been
advised that every arrest or caution form issued would need to be
retrieved and read through to ascertain if it was pertinent to your
request and it is estimated that this would take in excess of the
appropriate time stipulated by the Secretary for Constitutional Affairs,
Lord Falconer on the 18th Of October 2004, that is, eighteen hours. This
falls under the exemption of 'Compliance exceeding the appropriate limit'
covered by Section 12 (1) of the Freedom of Information Act 2000 and as
such this work could not be undertaken.

As a gesture of goodwill, outside of the Freedom of information Act, we
have supplied information, relative to your request that was retrieved or
before it was realised that the fees limit would be exceeded. I hope that
this is of help to you and note that it does not affect our legal right to
rely on the fees regulations for the remainder of your request.

 

 

Description
Date Operation (POPS /
from Date to Name Crime etc.)
/ LPA /
Force Wide
Protest - M
(Avenue of
June 2020 BLM Trees)
Operation Protest - M
19/06/20 June Cresswell (MIMA)
Protest - M
Operation (Town
June 2020 Ludlow Centre)
Operation Protest - M
24/10/20 24/10/20 Brough LPA (POPS)

 

Please note any statistical data supplied in relation to Freedom of
Information requests is a snapshot of data held at the time the request
was received by the Freedom of Information office and is subject to
constant change/updates.

 

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.

 

We have made every effort to ensure a response was provided within
statutory deadlines, however due to current circumstances delays have been
unavoidable.  If your response was late we apologise for any inconvenience
it may have caused and thank you for your patience.  If we can be of any
further assistance please do not hesitate to 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

 

“Delivering outstanding policing for our communities”

 

 

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

Ben van der Merwe

Dear Cleveland Police,

Thank you for your response. I note you write:

"Having made enquiries regarding question 5 of your request we have been
advised that every arrest or caution form issued would need to be
retrieved and read through to ascertain if it was pertinent to your
request and it is estimated that this would take in excess of the
appropriate time stipulated by the Secretary for Constitutional Affairs,
Lord Falconer on the 18th Of October 2004, that is, eighteen hours. This
falls under the exemption of 'Compliance exceeding the appropriate limit'
covered by Section 12 (1) of the Freedom of Information Act 2000 and as
such this work could not be undertaken."

Paragraph 4 of section 45 of the Code of Practice states that the public authority, as part of their duties under Section 16 of the FOI Act,

"should consider providing an indication of what, if any, information could be provided within the cost ceiling. The authority should also consider advising the applicant that by reforming or re-focussing their request, information may be able to be supplied for a lower, or no, fee.”

In order to keep my request below the cost ceiling, I would therefore like to refocus it by removing question 5.

Yours faithfully,

Ben van der Merwe

Ben van der Merwe

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 'Information on protests'.

Paragraph 4 of section 45 of the Code of Practice states that the public authority, as part of their duties under Section 16 of the FOI Act,

"should consider providing an indication of what, if any, information could be provided within the cost ceiling. The authority should also consider advising the applicant that by reforming or re-focussing their request, information may be able to be supplied for a lower, or no, fee.”

The response to my request indicated that it was Question 5 specifically which placed the burden of answering it above the cost ceiling. The authority should therefore have given me the option of narrowing my request to exclude Question 5.

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,

Ben van der Merwe

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 van der Merwe,

Enquiry Ref: 12933/2021

I acknowledge receipt of your refined request for information (questions 1 - 4 of your original request) dated 14th May 2021 and received by this office on 17th May 2021. Please accept my apologies for not forwarding the acknowledgement earlier but it appears to have been missed.

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 15th June 2021. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

Although every effort will be made to ensure a response is provided within statutory deadlines, 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.

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.

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

“Delivering outstanding policing for our communities”

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 Van der Merwe

I am writing in connection with your email asking for an internal review dated 26th May. Please accept our apologies for not articulating our Section 16 duties correctly and what we should of included is that unfortunately on this occasion we are unable to suggest how to refine questions 5a-c without it taking over the time specified. However we did include as a gesture of goodwill outside of the act all of the information we had received for questions 1 - 4.

I am aware you have submitted a new request for questions 1-4 which we are currently dealing with and again apologies for the acknowledgment being omitted and we will endeavour to have a response to you as soon as possible.

If you still require an Internal Review please advise and if we can help in any other way 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

“Delivering outstanding policing for our communities”

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 Mrs Johnson,

Thank you for your response. Would you be able to clarify whether the information you did send excluded only the information specified in question 5 (therefore making the narrowing of my request unnecessary)?

Yours sincerely,

Ben van der Merwe

Freedom of Information, Cleveland Police

Dear Mr Van Der Merwe

I am writing in response to your below email. The information we sent previously as a gesture of goodwill was all the information that we had retrieved at that time and did answer part of your request excluding question 5. However we have made further enquiries to see if we can obtain any further information for you in relation to the affiliation of the protests and we are awaiting responses to those.

With the above information can you advise if you still require an Internal Review.

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

“Delivering outstanding policing for our communities”

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 Mrs Johnson,

Thank you very much for your clarification. I'm happy to await the response from your enquiries, so there is no need for an internal review at this point.

Yours sincerely,

Ben van der Merwe

Freedom of Information, Cleveland Police

Dear Mr van der Merwe,

 

Enquiry Ref: 12933/2021

 

I write in connection with your request for information dated 17^th May
2021 and received by this office on that date. 

Below are the questions raised in your request and our response?

 

For March 2020 onwards, information on every planned protest or march
('protest') in your area that police have been formally made aware of,
including:

1. Whether the protest was authorised by the police,

2. The purpose or affiliation of the protest,

3. The date and location of the protest,

4. Whether the protest took place,

a) We have made further enquiries and have been able to provide exact
dates for each of the 4 protests along with the location they were held at
and we can confirm that all of the marches/protests took place and were
authorised by the police.

 

Description
Date Operation (POPS / Crime
from Name etc.) / LPA /
Force Wide
Protest –
Middlesbrough
– Authorised
(Avenue of
13/06/20 BLM Trees)
       
Protest -
Middlesbrough
Operation (Town Centre)
07/06/20 BLM Ludlow Authorised
       
Protest -
Middlesbrough
Operation – Authorised
19/06/20 BLM Cresswell (MIMA)
Protest –
Anti Covid Middlesbrough
restrictions Operation - Authorised
24/10/20 protest Brough LPA (POPS)

 

 

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.

 

We have made every effort to ensure a response was provided within
statutory deadlines, however due to current circumstances delays have been
unavoidable.  If your response was late we apologise for any inconvenience
it may have caused and thank you for your patience.  If we can be of any
further assistance please do not hesitate to 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

 

“Delivering outstanding policing for our communities”

 

 

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