Information on the Protection from Harassment Act

The request was partially successful.

Dear Sir or Madam,

I would like to request the following information from the Metropolitan Police.

1. How many Harassment warnings were issued by the Metropolitan police in the years, 2005, 2006, 2007 & 2008?

2. How many people were arrested for Section 2 of the Protection from harassment Act offences, by the Metropolitan police in the years, 2005, 2006, 2007 & 2008?

3. How many people were charged for Section 2 of the Protection from harassment Act offences, by the Metropolitan police in the years, 2005, 2006, 2007 & 2008?

4. How many people were convicted for Section 2 of the Protection from harassment Act offences, following charges made by the Metropolitan police in the years, 2005, 2006, 2007 & 2008?

5. For each of the above questions I would request a gender percentage. i.e. Quest 1. 35% of harassment warnings were issued to females, 65% to males.

Yours faithfully,

Mr Paul Andrews

Metropolitan Police Service (MPS)

Dear Mr Andrews,

Freedom of Information Request Reference No: 2009030007619
I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 24 March 2009. I
note you seek access to the following information:

"1. How many Harassment warnings were issued by the Metropolitan police in
the years, 2005, 2006, 2007 & 2008?
2. How many people were arrested for Section 2 of the Protection from
harassment Act offences, by the Metropolitan police in the years,
2005, 2006, 2007 & 2008?
3. How many people were charged for Section 2 of the Protection from
harassment Act offences, by the Metropolitan police in the years,
2005, 2006, 2007 & 2008?
4. How many people were convicted for Section 2 of the Protection from
harassment Act offences, following charges made by the Metropolitan
police in the years, 2005, 2006, 2007 & 2008?
5. For each of the above questions I would request a gender percentage.
i.e. Quest 1. 35% of harassment warnings were issued to females, 65%
to males. "

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact K Simmons via the e-mail address at the top of this
letter,quoting the reference number above.

Yours sincerely

Kevin Simmons
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Andrews

Freedom of Information Request Reference No: 2009030007619

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 24/03/2009. I note you seek
access to the following information:

** 1. How many Harassment warnings were issued by the Metropolitan
police in the years, 2005, 2006, 2007 & 2008? 2. How many people
were arrested for Section 2 of the Protection from harassment Act
offences, by the Metropolitan police in the years, 2005, 2006, 2007 &
2008? 3. How many people were charged for Section 2 of the Protection
from harassment Act offences, by the Metropolitan police in the
years, 2005, 2006, 2007 & 2008? 4. How many people were convicted for
Section 2 of the Protection from harassment Act offences, following
charges made by the Metropolitan police in the years, 2005, 2006, 2007
& 2008? 5. For each of the above questions I would request a gender
percentage. i.e. Quest 1. 35% of harassment warnings were issued to
females, 65% to males.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at the Performance Information Bureau.

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

I have today decided to disclose the located information to you in full.

Please find attached information pursuant to your request above.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact Mark Stanford on telephone number 0207 1613581 quoting the
reference number above.

Yours sincerely

Mark Stanford
Performance Analyst
In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law. Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Sir or Madam,

I r
equire information n the key in the spreadsheet, namely what does TIC mean? further the request was not dealt with infull as does not disclose info on harrassment warnings issued
Yours faithfully,

Mr Andrews

Metropolitan Police Service (MPS)

Mr Andrews,

TIC means that the offence was Taken into consideration for the proceeding against the accused of a separate offence.

A warning and a caution are the same proceeding, but different terminology.

If you wish to discuss any further please feel free to contact me direct on 0207 1613581

Regards

Mark

show quoted sections

Dear Metropolitan Police Service (MPS),

With reference to the linked FOI request, it appears you may have mislead with your suggestion that a caution is the same as a warning.

http://www.whatdotheyknow.com/request/in...

A warning is a specific and relates to FORM 9993 - harassment letter.

Can you please revisit this request and provide the correct information?

Yours faithfully,

Mr Andrews

Metropolitan Police Service (MPS)

Dear Mr Andrews

Freedom of Information Request Reference No: 2011030004699

I write in connection with your letter dated 15 March 2011 requesting that
the Metropolitan Police Service (MPS) review its response to your request
for information relating to:

* Original FOI case number 2009030007619.

The review will be conducted in accordance to the MPS's complaints
procedure. The MPS endeavour to respond to your complaint by 12 April
2011.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Strong
FOIA Complaints Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Metropolitan Police Service (MPS)

Dear Mr Andrews,

Freedom of Information Request Reference No: 2011030004699

Further to our letter of 18 March 2011, I have unfortunately been unable
to meet the response time originally provided to you in relation to:

* Original FOI case number 2009030007619

I hope to complete your review no later than 16 May 2011. Should there be
any unforeseen delay, I will contact you and update you as soon as
possible.

I apologise for the delay, and thank you for your patience.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Strong
FOIA Complaints Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Dear Metropolitan Police Service (MPS),

I am confused, there is no letter of the 18th of March, am I missing something?

Yours faithfully,

MrPaul Andrews

Metropolitan Police Service (MPS)

Dear Mr Andrews,

Freedom of Information Request Reference No: 2011030004699

I do apologise for the oversight, you are correct in that no letter was
sent to you on the 18th March. The correct date my last letter should have
referred to was 1 April 2011.

Kind regards,

Yours sincerely

S. Strong
FOIA Complaints Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Dear Metropolitan Police Service (MPS),

Thanks for this clarification, of course you haven't bothered to keep to the suggestion that you'd have responded by the 12th of April.

Can you tell me when the response will be available?

Yours faithfully,

Mr Paul Andrews

Metropolitan Police Service (MPS)

Dear Mr Andrews,

Freedom of Information Request Reference No: 2011030004699

* Original FOI case number 2009030007619.

I write to you in respect of your email received today.

As explained within my letter dated 13 April 2011, the MPS hope to
complete your review no later than 16 May 2011. Should there be any
unforeseen delay, the MPS will contact you and update you as soon as
possible.

Once again I apologise for the oversight within that previous letter,
which incorrectly stated that we had corresponded with you on 18th March.

Yours sincerely

S. Strong
FOIA Complaints Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Dear Metropolitan Police Service (MPS),

And the reason for this significant delay is?

Yours faithfully,

Mr Paul Andrews

T. Morgan left an annotation ()

I know an individual who was issued with a harassment warning by the police over something very petty.

The PFH Act is in my view an increasely abused piece of legislation.

Metropolitan Police Service (MPS)

Dear Mr Andrews,

Freedom of Information Request Reference No: 2011030004699

Further to our letter of 11 April 2011, I am now able to provide a
response to your complaint dated 15 March 2011 concerning:

* Original FOI case number 2009030007619.

Original FOIA Request for Information 24 March 2009
1. How many Harassment warnings were issued by the Metropolitan police in
the years, 2005, 2006, 2007 & 2008?

2. How many people were arrested for Section 2 of the Protection from
harassment Act offences, by the Metropolitan police in the years, 2005,
2006, 2007 & 2008?

3. How many people were charged for Section 2 of the Protection from
harassment Act offences, by the Metropolitan police in the years, 2005,
2006, 2007 & 2008?

4. How many people were convicted for Section 2 of the Protection from
harassment Act offences, following charges made by the Metropolitan police
in the years, 2005, 2006, 2007 & 2008?

5. For each of the above questions I would request a gender percentage.
i.e. Quest 1. 35% of harassment warnings were issued to females, 65% to
males.

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to:

* Set aside the original decision

REASON FOR DECISION

I would first like to apologise for the delay to your Internal Review
response, and thank you for your patience. The MPS had recently received a
high volume of complaints, which unfortunately led to a delay in the
completion of your case. The MPS are striving to ensure timescales are
met, whilst ensuring our responses are accurate and robust. Additionally
your review was delegated to a member of staff in the past three weeks to
progress. On my return I note that you were not provided with a recent
update on the status of your case in my absence. I do apologise for any
inconvenience this oversight may have caused.

Your original FOI response was provided on 28 April 2009, yet your
official request for review has been received on 15 March 2011. The MPS
would not usually conduct an Internal Review for a FOI response completed
over a year ago. However, based on the fact you queried the accuracy of
the data back in 2009 and based on research I have conducted on the
information originally provided to you, I will review your original
request in full.

On review of the original response provided to you, I note that you were
provided with data from CRIS (Crime Reporting Information System)
regarding individuals accused of offences under the Protection from
Harassment Act 1997 Section 2, for calendar years 2005-2008. Whilst this
data may be of assistance to you, I appreciate it does not fully answer
your request.

On review of your request it is important to note that whilst the data
provided to you may not fully answer your questions, it is the most
relevant data that could be collated for your request within 18 hours.

Question One
How many Harassment warnings were issued by the Metropolitan police in the
years, 2005, 2006, 2007 & 2008?

You are correct in your letter of complaint that a warning is specific and
relates to form 9993 (harassment letter). The issue of the 9993 form is
not a legal requirement and nor is it a form of case disposal. This form
is issued in allegations of harassment that do not reach the evidential
standards for charging. The form is issued to ensure individuals are aware
that behaviour has amounted to harassment of a victim.

On research into harassment warnings issued, I can confirm that the MPS do
not centrally collate data entered from warning form 9993. There is no
CRIS (Crime Reporting Information System) marker to identify the number of
harassment warnings issued in the MPS. There is therefore no readily
available data I can collate within 18 hours to answer this part of your
request.

The information disclosed to you within the original response related to
people accused of offences under the Protection from harassment Act 1997
Section 2, not data collated from warnings issued via the use of the 9993
form. I do apologise for this oversight.

The information for this question would be located within the 'details'
page of each CRIS / crime report and to locate each one to provide you
with a total figure would require a trawl of all no crime/non-specified
investigations and harassment classified CRIS reports. In demonstrating
the difficulty in attempting such a trawl of all entries, it is relevant
to explain that for 2005 alone there were 13,311 records entered onto CRIS
that were either a 'No Crime' or 'Crime Related Incident'. To locate the
information relevant for this part of your request for just one year would
therefore the exceed the 18 hours allocated to a public authority to
extract, locate and retrieve information requested under the Freedom of
Information Act.

The information you have requested for this part of your request is
therefore exempt under Section 12(1) of the Act.

Question Two
How many people were arrested for Section 2 of the Protection from
harassment Act offences, by the Metropolitan Police in the years, 2005,
2006, 2007 & 2008?

The data-set provided to you initially is information the MPS can locate
within 18 hours, which is as close to assisting with your request as is
possible. That data is 'accused' data (obtained through the CRIS system),
rather than 'arrest' data from the custody system. However, it is not
likely to capture completely accurate statistics pertinent to your
request. 'Arrest' data would provide the most accurate answer to your
specific question rather than 'accused' data.

In terms of compliance under the Act, the data-set you have already
obtained is therefore provided under our duty to assist, as Section 12(1)
applies to this part of request.

The custody system unfortunately does not enable the MPS to search for
'arrest' data specifically under Section 2 of the Protection from
Harassment Act. The code in that electronic system does not allow a search
for an arrest under the specific section 2 of the Protection from
Harassment Act. For this reason the provision of 'accused' data for
offences under Section 2 is the best data-set which could be collated
within 18 hours.

Other than the provision of those statistics, the only other relevant data
which can be obtained within 18 hours which may be of interest to you is
the total harassment arrest data for the years you have highlighted. This
information (which would not just include arrests under Section 2) would
be collated from the Custody recording system, and would be classed as a
new FOIA request. To search through each arrest to find those which were
conducted specifically under Section 2 of the Act would exceed 18 hours.

It is important for me to convey the difficulty in attempting to search
through each harassment arrest on the Custody system to identify whether
they specifically related to arrests under Section 2 of the Protection
from Harassment Act. I can confirm in 2008 there were approximately 3000
arrests for harassment. It would exceed 18 hours to examine each of these
separate entries on the system to obtain the answer to your request. It
would take approximately 5 minutes to check whether each arrest was under
Section 2 or not. Additionally, for the years 2005 - 2007 a member of
staff would have to locate and extract information from the original case
files for detail in regards to which Section of the Harassment Act the
arrest was made under. It is estimated that it would be likely to take
10-15 minutes to locate the relevant data from each paper record once
located.

Question Three
How many people were charged for Section 2 of the Protection from
Harassment Act offences, by the Metropolitan Police in the years, 2005,
2006, 2007 & 2008?

Section 12 applies to this part of your request for the exact same reason
provided for question two. Whilst the statistics you were provided with
contains 'charge' data, this is charge data of those classed as accused
under Section 2 of the Protection from Harassment Act.

Whilst the disclosed data-set is the most helpful information that can be
provided under Section 16 of the Act, to obtain a fully accurate answer
from MPS systems and records would exceed 18 hours.

Question Four
How many people were convicted for Section 2 of the Protection from
Harassment Act offences, following charges made by the Metropolitan Police
in the years, 2005, 2006, 2007 & 2008?

The answer to this question was not provided within the original response.
However under our duty to assist you were provided with the Home Office
'clear-up' statistics, for those accused of offences under the Protection
from Harassment Act.

On review of this question, conviction data is not centrally recorded
information by the MPS. The MPS is not required to record conviction data
as a measure of performance. Should this information be held, it would be
stored either on individual case files or on the PNC (Police National
Computer). Each case file and PNC entry would need to be manually checked
for relevant information, which would exceed 18 hours to locate and
extract.

As I am unable to obtain the accurate number of individuals arrested and
charged specifically under Section 2 of the Protection from Harassment
Act, I am also unable to search the PNC database for the conviction data
you have requested, which would relate to those individuals.

Under our duty to assist, I would advise you try contacting the CPS in
regards to this part of your request, as they may be able to assist you
further in regards to conviction data. Whilst they may not be able to
provide you with a full answer to this question, they may be able to
disclose further conviction information which would be of interest to you.
CPS contact details are as follows:

The Freedom of Information Unit
CPS Headquarters
Rose Court
2 Southwark Bridge
London
SE1 9HS

[email address]

http://www.cps.gov.uk/

Five
For each of the above questions I would request a gender percentage. i.e.
Quest 1. 35% of harassment warnings were issued to females, 65% to males.

In explaining why the MPS is unable to provide an answer for questions two
and three , I am unable to provide you with the gender breakdown you
require for this part of your request for the same reason. To obtain the
information you have requested for this question would exceed the 18 hour
cost threshold for handling requests under the Act.

Information held for this part of your request is therefore withheld by
virtue of Section 12(1) of the Act.

I appreciate a cost refusal notice is not the response you would have
liked. However I do hope my response has explained why answering each
question posed would exceed 18 hours to locate, retrieve or extract. It is
important to add however that in terms of compliance under the Act, the
MPS is not required to answer any part of your requests if at least one
part would exceed the cost threshold. The information Commissioner issued
guidelines on using the Fees regulations dated 26 June 2009, advising that
'where a reasonable estimate has been made that the appropriate limit
would be exceeded, there is no requirement for a public authority to
undertake work up to the limit.'

Whilst considering the ICO stance on the Fees Regulations, I do hope that
the information already provided to you has been helpful in obtaining an
understanding of accused offence data under the Protection from Harassment
Act 1997 (Section 2).

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further enquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Strong
FOIA Complaints Officer

Legal Annex

Section 17(5) (Refusal Notice) of the Act provides:
A public authority which, in relation to any request for information, is
relying on a claim that section 12 or 14 applies must, within the time for
complying with section 1(1), give the applicant a notice stating that
fact.

Section 12(1) (Cost refusal) of the Act provides:
A public authority to whom a request for information is made may, within
the period for complying with section 1(1), give the applicant a notice in
writing (in this Act referred to as a "fees notice") stating that a fee of
an amount specified in the notice is to be charged by the authority for
complying with section 1(1).

Section 16(1)(2) (Duty to Assist) of the Act provides:
(1)It shall be the duty of a public authority to provide advice and
assistance, so far as it would be reasonable to expect the authority to do
so, to persons who propose to make, or have made, requests for information
to it.
(2)Any public authority which, in relation to the provision of advice or
assistance in any case, conforms with the code of practice under section
45 is to be taken to comply with the duty imposed by subsection (1) in
relation to that case.

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Andi Ali left an annotation ()

I used to work for Her Majesty’s Revenue and Customs (HMRC) and had a number of false sexual allegations against me, by HMRC staff, after HMRC had misused public funds to charge me with holding 'extreme political views' for heckling the British National Party (BNP) at a lawful demonstration (I kid you not). I then reported it to the police under the Protection from Harassment Act 1997 - especially as HMRC have admitted in writing their staff made false sexual allegations against me. (People who make false sexual allegations against somebody are surely guilty of offences under that act). The police argue that HMRC are above the law, a view I am in the process of questioning. Point being, it's amazing what the police claim is an offence under this act, and what is not. For more about my case go here http://studyingthebnp.blogspot.com/ Go luck with your request buddy.