Northumbria police corruption and the seven member complaint scrutiny panel - Will they be looking at the Martin McGartland case?

Martin McGartland (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to Northumbria Police and Crime Commissioner

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Roedd y cais yn rhannol lwyddiannus.

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police and Crime Commissioner,

Under FOIA 2000 please supply follow recorded information;

1. Will any of the complaints made by me, Martin McGartland, concerning very serious corruption by Sue Sim, other senior Northumbria officers be scrutinized by the new seven member complaint scrutiny panel. If not, please explain why not?

2. Regards 1 above, who makes the decisions on what cases,
complaints the panel look at? (please include name/s and rank/s ..)

3, What are the names of the seven independent members of the complaint scrutiny panel and what is their background?

4, Can victims of crime and or those who are unhappy with the way Northumbria Police have deal with them, their complaints contact the seven member panel directly when, as in my case, there are very serious allegations of criminal corruption and cover-up against Sue Sim (others) within by Northumbria Police or it that to controlled by Vera Baird?

I should add that I have already made complaint/s against Sue Sim directly to Vera Baird, however, she is refusing to investigate and is making all sorts of silly excuses as to why she can't investigate while ignoring all of the compelling evidence. I maintain that Vera Baird is simp0ly turning a blind-eye to very serious criminal corruption and cover-up by Sue Sim, Northumbria police when dealing with the Martin McGartland cases.

5, Have the panel looked or investigated complaints where there have been allegations of corruption against Northumbria police, its officers. If not,
why not? If they have what is their findings?

6, I want to place on the record that I am giving my full consent to have any complaints I, Martin McGartland, have made against NP to be pasted to the seven members complaint scrutiny Panel so that they can be investigated. Given
above will the PCC now refer my complaint/s to them to be independently looked at. If not, please explain why not?

I want to place on the record that complaints I have made to Northumbria police, its PSD are still to this day (13 April 2014) are being ignored, whitewashed and or not recorded. These complaints are being made by me as the victim of an attempted murder, as a result of very serious and ungoing criminal corruption and cover-up by Sue Sim and some other very senior Northumbria police officers.

I am also requesting that this request is passed to both Vera Baird and the seven members complaint scrutiny Panel. I am happy for any of them to contact me via email (you already have my email address) at any time. I have so much compelling evidence to prove that Sue Sim, other senior NP officers are involved in serious corruption, cover-up when involved in my case.

The fact is that nothing much has changed within NP or its PSD since this; http://www.itv.com/news/tyne-tees/story/... The NP HQ and PSD is still very much corrupt.

Yours faithfully,

Martin McGartland

Enquiries, Northumbria Police and Crime Commissioner

Dear Mr McGartland,

Subject: Freedom of Information Acknowledgement – Reference 511314

I refer to the request, which you have made under the Freedom of Information Act 2000 for records held by this office.

Your request dated 13 April 2014 was received by this department on 14th April 2014.

A final decision on your request would normally be sent to you within 20 working days of receipt of your request. This means that you can expect to receive your decision by 15 May 2014.

There are some limited situations under the Freedom of Information Act, which could mean that the period for a final decision may be longer than the normal 20 working days. If this occurs in your request, we will promptly advise you in writing.

Should our final decision not reach you on time, please feel free to call the contact officer named to discuss any problems that may have arisen.

If you have not heard from us once the allotted time has expired, you are automatically entitled to appeal to this department for a review of the matter. This review is a full and new examination of the matter, and is carried out by a more senior member of staff of this office.

In the event that you need to make such an appeal, you can do so by writing to Kevin Payne of this department at the details given below. You should state that you are appealing because an initial decision was not sent to you within the time permitted. In that event, you would normally have 40 days (after the original decision should have been sent to you) in which time to make the appeal.

Yours sincerely.

Kevin

Kevin Payne
Business Administration Apprentice

Office of Mrs Vera Baird QC
Police and Crime Commissioner for Northumbria

Victory House
Balliol Business Park
Benton Lane
Newcastle upon Tyne
Tyne and Wear
NE12 8EW

T: (0191) 221 9815
E: [email address]
W: www.northumbria-pcc.gov.uk

Follow us on: Twitter@northumbriapcc
Like us at: facebook.com/Vera.Baird.QC

Half of the money recovered from criminals and seized by Northumbria police gets taken by the Treasury. We want ALL the money recovered to be invested back into our communities.

Follow this link to sign the petition.

dangos adrannau a ddyfynnir

Kevin Payne, Northumbria Police and Crime Commissioner

2 Atodiad

Dear Mr McGartland,

Subject: Freedom of Information – Reference 511314

 

I refer to the request, which you have made under the Freedom of
Information Act 2000 for records held by this office.

I regret that the Office of the Police and Crime Commissioner for
Northumbria will not be able to complete its response to you by the date
originally stated.  We are still researching the information held and
considering whether any exemptions under the Act may apply.

I can now advise you that the new date for the provision of the
information is 13^th June 2014.  I can assure that every effort will be
made to ensure that a response will be provided to you within this new
timescale.

Your attention is drawn to the attachment which contains your complaint
rights.

Yours sincerely.

 

Kevin

 

Kevin Payne
Business Administration Apprentice

Office of Mrs Vera Baird QC
Police and Crime Commissioner for Northumbria

Victory House

Balliol Business Park

Benton Lane

Newcastle upon Tyne

Tyne and Wear

NE12 8EW

 

T: (0191) 221 9815

E: [1][email address]  

W:  [2]www.northumbria-pcc.gov.uk 

 

Follow us on: [3]Twitter@northumbriapcc

Like us at: [4]facebook.com/Vera.Baird.QC

 

 

  Half of the money recovered from criminals and seized by [6]pccemaillogo
Northumbria police gets taken by the Treasury. We want
ALL the money recovered to be invested back into our
communities.
[5]Follow this link to sign the petition.

 

 

References

Visible links
1. mailto:[email address]
2. http://www.northumbria-pcc.gov.uk/
3. https://twitter.com/NorthumbriaPCC
4. https://www.facebook.com/Vera.Baird.QC
5. http://epetitions.direct.gov.uk/petition...

Martin McGartland (Ataliwyd y cyfrif)

Dear Kevin Payne,

You will be aware that the ICO has stated that request under FOIA 2000 should be dealt with within 20 working days. Vera Baird, Northumbria PCC and or her office are breaching the FOIA by deliberately delaying this request.

You have not given any proper explanation as to there is a delay. Please will you now do so. I can confirm that I will be taking this matter up with the ICO.

I await your reply.

Yours sincerely,

Martin McGartland

Enquiries, Northumbria Police and Crime Commissioner

Dear Mr McGartland,

In reference to my earlier email, you will recall that I stated the reason for the extension of your Freedom of Information request.

The original response date to your request was extended due to the consideration of qualified exemptions which may apply to your request.

As you recall, the new date for the provision of the information is 13th June 2014. I can assure that every effort will be made to ensure that a response will be provided to you within this new timescale.

Yours sincerely.

Kevin Payne
Business Administration Apprentice
Office of Mrs Vera Baird QC
Police and Crime Commissioner for Northumbria

Victory House
Balliol Business Park
Benton Lane
Newcastle upon Tyne
Tyne and Wear
NE12 8EW

T: (0191) 221 9815
E: [email address]  
W:  www.northumbria-pcc.gov.uk 
 
Follow us on: Twitter@northumbriapcc
Like us at: facebook.com/Vera.Baird.QC

 
Half of the money recovered from criminals and seized by Northumbria police gets taken by the Treasury. We want ALL the money recovered to be invested back into our communities.

Follow this link to sign the petition.

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Dear Enquiries,

You say; "The original response date to your request was extended due to the consideration of qualified exemptions which may apply to your request." Please explain why it is believed that 'qualified exemptions' ... 'may' apply to this request?

Yours sincerely,

Martin McGartland

Enquiries, Northumbria Police and Crime Commissioner

Dear Mr McGartland,

I am writing to acknowledge your recent email and I refer you to my previous email, which stated:

The original response date to your request was extended due to the consideration of qualified exemptions which may apply to your request.

As you recall, the new date for the provision of the information is 13th June 2014. I can assure that every effort will be made to ensure that a response will be provided to you within this new timescale.

Yours sincerely.

Kevin - OPCC Northumbria

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Martin McGartland

05 June 2014

Dear Enquiries,

In my 3 June reply I asked; "Please explain why it is believed that 'qualified exemptions' ... 'may' apply to this request?" However, you have not answered. Please can you now do so.

I will once again remind you that the above is no reason to delay this request nor to break the law. This request should, by law, have been dealt with within 20 working days. The same is made very clear by the IC, ICO. I will be making a complaint about this and also about the way this request is (has) been dealt with.

I can not, for the life of me, see how Vera Baird can even attempt to claim that there is any type of exemption concerning this request when she, as she often does, spends a great deal of time adding information to the internet (and boasting about it) in had desperate attempt to get herself some publicity.

See here; "Northumbria Police & Crime Commissioner, Vera Baird – tackling police complaints. A panel set up by Northumbria Police and Crime Commissioner Vera Baird QC will scrutinise the way Northumbria Police handles complaints made against the force."; http://www.northumbria-pcc.gov.uk/sites/... /Commissioner%20Baird%20Tackles%20Police%20Complaints.pdf

And here; "Independent Police Complaints Scrutiny Panel" http://www.northumbria-pcc.gov.uk/getinv...

The public has a right to such information. As far as I can see this panel is far from 'Independent'. I have requested that this 'Independent' panal 'scrutinise' any complaints that I have made against Northumbria police.

I once again, for the record, can confirm that I am giving Vera Baird (and her team) my full consent to do so. There is no better complaints to scrutinise, than the Martin McGartland complaints, given they relate to very serious criminal Corruption by Sue Sim and many others (in including C/S Chris Thomson). What a test this would be for such an 'Independent' panel. As far as I am concerned it is nothing more than a Vera Baird cosy club.

Given the above this request must now be dealt with without any further deliberate delay.

Yours sincerely,

Martin McGartland

Martin McGartland (Ataliwyd y cyfrif)

Martin McGartland

05 June 2014

Dear Enquiries,

The first of the two links, as above, is broken. Here it is; http://www.northumbria-pcc.gov.uk/sites/...
Yours sincerely,

Martin McGartland

Enquiries, Northumbria Police and Crime Commissioner

1 Atodiad

Dear Mr McGartland,

Subject: Freedom of Information  Reference: 511314

I refer to the request, which you have made under the Freedom of
Information Act 2000 for records held by this office.

 

Your request was received by this department on 14 April 2014.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police
Crime Commissioner), subject to certain limitations and exemptions.

 
You asked:

1. Will any of the complaints made by me, Martin McGartland, concerning
very serious corruption by Sue Sim, other senior Northumbria officers be
scrutinized by the new seven member complaint scrutiny panel.  If not,
please explain why not?

2. Regards 1 above, who makes the decisions on what cases, complaints the
panel look at? (please include name/s and rank/s ..)

3, What are the names of the seven independent members of the complaint
scrutiny panel and what is their background?

4, Can victims of crime and or those who are unhappy with the way
Northumbria Police have deal with them, their complaints contact the seven
member panel directly when, as in my case, there are very serious
allegations of criminal corruption and cover-up against Sue Sim (others)
within by Northumbria Police or it that to controlled by Vera Baird?

5, Have the panel looked or investigated complaints where there have been
allegations of corruption against Northumbria police, its officers. If
not, why not?  If they have what is their findings?

6, I want to place on the record that I am giving my full consent to have
any complaints I, Martin McGartland, have made against NP to be pasted to
the seven members complaint scrutiny Panel so that they can be
investigated. Given above will the PCC now refer my complaint/s to them to
be independently looked at. If not, please explain why not?

 

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

 1. I can confirm that the Independent Police Complaints Scrutiny Panel
(the Panel) will only review complaints where the outcome is that the
complaint appeal is upheld.  

The current process in place is that upheld appeal complaint reference
numbers for the previous financial year are provided by Northumbria Police
to the Office of the Police and Crime Commissioner, who then selects cases
on an indiscriminate basis.  The Office of the Police and Crime
Commissioner then instructs the Panel to independently review the specific
cases that have been selected.

2. As set out in my response above, I can confirm that the Office of the
Police and Crime Commissioner selects those cases using the process
explained in my response to question 1.  It is those cases that are
reviewed by the Panel.

3. The information you require in this part of your request is considered
to be made up entirely of the personal data of the seven members of the
Panel.  I will not be providing information to satisfy this part of your
request as it is exempt in accordance with section 40(2) of the Freedom of
Information Act 2000.

Section 40(2) is a class based absolute exemption and there is no
requirement to consider the public interest in disclosure.  That being
said, where Section 40(2) is engaged in order to make the exemption
absolute, there needs to be evidence that a data protection principle
would be breached by disclosure.  In this case it would not be fair to
process information which could lead to the identification of an
individual.  Therefore the first principle of the Data Protection Act
would be breached.  

The full exemption is set out for you below:

Section 40(2) - Personal Information

(2) Any information to which a request for information relates is also
exempt information if -

(a) it constitutes personal data which do not fall within subsection (1),
and

(b) either the first or the second condition below is satisfied.

(3)     The first condition is -

(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the [1998 c.  29.] Data
Protection Act 1998, that the disclosure of the information to a member of
the public otherwise than under this Act would contravene -

(i) any of the data protection principles, or

(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and

(b) in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the
[1998 c.  29.] Data Protection Act 1998 (which relate to manual data held
by public authorities) were disregarded.

You should consider this to be a refusal under section 17 of the Act.

4. The panel members cannot be contacted as this is an internal process
and is not subject to statutory guidelines. Members work directly and
report to the Office of the Police and Crime Commissioner.

5. No, there have been no upheld appeals of this type. As stated in the
response to question 1, the current process in place is that upheld appeal
complaint reference numbers for the previous financial year are provided
by Northumbria Police to the Office of the Police and Crime Commissioner,
who then selects cases on an indiscriminate basis. The Office of the
Police and Crime Commissioner then instructs the Panel to independently
review the specific cases that have been selected.  

6. As set out above, there is an existing internal process for the panel
in reviewing cases and their remit is not to take direction from members
of the public.

You may be interested to know that Northumbria Police & Crime Commissioner
routinely publish information via the Disclosure Log.  The aim of the
Disclosure Log is to promote openness and transparency by voluntarily
placing information into the public arena.

The Disclosure Log contains copies of some of the information that has
been disclosed by Northumbria Police & Crime Commissioner in response to
requests made under the Freedom of Information Act 2000.

Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the
public interest.

The Disclosure Log will be updated quarterly.

I have provided the relevant link below.

[1]http://www.northumbria-pcc.gov.uk/transp...

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police & Crime Commissioner.  Your use of
the information must be strictly in accordance with the Copyright Designs
and Patents Act 1988 (as amended) or such other applicable legislation.
 In particular, you must not re-use this information for any commercial
purpose.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which is attached.

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely.

Kevin Payne
Business Administration Apprentice
Office of Mrs Vera Baird QC
Police and Crime Commissioner for Northumbria

 

References

Visible links
1. http://www.northumbria-pcc.gov.uk/transp...

Martin McGartland (Ataliwyd y cyfrif)

Dear Vera Baird,

You have deliberately broken the law by not dealing with this request within the 20 working day time limit. Moreover, it is also very clear that you have deliberately delayed this request without good reason. The content within your reply (little or nothing) could have been supplied much sooner (and within the 20 working day limit).

I can confirm that I will be making a comp0laint to the ICO concerning both the delay in dealing with this request as well as the way in which it has been deal with.

I am requesting an Internal review on the grounds that;

a. You have not dealt with my entire request property. Nor have you dealt with, answered my numbered questions properly.

b, You have been boasting on your website (and to any one who will listen) about this new 'Independent' panel. However, you are now attempting to conceal the identities of the panel members. The fact is that, in my view, you as Northumbria PCC are misleading the public as those individuals, the panel could not be regarded as 'independent' if you are keeping their identities secret from the people who elected you and who pay your wages. The public.

Moreover, it is on recorded that Northumbria police was one of the worse forces in the UK for dealing with complaints; http://www.itv.com/news/tyne-tees/story/... For all the public knows you, as you have already done in the past, may have chosen ex police officers (or family members) to be member/s of your, the Vera Baird, independent complaints panel. Why would you want to conceal the names of this independent panel from the public?

I suspect that the IC/ICO will order you to release the details, names of the panel members. Such members should be known to the public. You can not hide behind the personal information exemption when it concerns the names of those who are carrying out such an important 'independent' function on behalf of the public.

I await your reply and the outcome of your review.

Yours sincerely,

Martin McGartland

Enquiries, Northumbria Police and Crime Commissioner

Dear Mr McGartland,

We acknowledge receipt of your request for an internal review of the response you received in relation to the above mentioned Freedom of Information request.

We aim to provide a response to you within 20 working days of this acknowledgement.

Yours sincerely.

Kevin Payne
Business Administration Apprentice
Mrs Vera Baird QC
Police and Crime Commissioner for Northumbria

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Martin McGartland

20 July 2014

Dear Enquiries,

Can I please have an update on this request for an Internal review.

Yours sincerely,

Martin McGartland

Enquiries, Northumbria Police and Crime Commissioner

Dear Mr McGartland,

Thank you for your correspondence in which you requested a review of the
response to your request for access to certain information which may be
held by the Office of the Police & Crime Commissioner.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Office of
the Police & Crime Commissioner) subject to certain limitations and
exemptions.

You asked:

1. Will any of the complaints made by me, Martin McGartland, concerning
very serious corruption by Sue Sim, other senior Northumbria officers be
scrutinized by the new seven member complaint scrutiny panel.  If not,
please explain why not?

 

2. Regards 1 above, who makes the decisions on what cases, complaints the
panel look at? (please include name/s and rank/s ..)

 

3, What are the names of the seven independent members of the complaint
scrutiny panel and what is their background?

 

4, Can victims of crime and or those who are unhappy with the way
Northumbria Police have deal with them, their complaints contact the seven
member panel directly when, as in my case, there are very serious
allegations of criminal corruption and cover-up against Sue Sim (others)
within by Northumbria Police or it that to controlled by Vera Baird?

 

I should add that I have already made complaint/s against Sue Sim directly
to Vera Baird, however, she is refusing to investigate and is making all
sorts of silly excuses as to why she can't investigate while ignoring all
of the compelling evidence.  I maintain that Vera Baird is simp0ly turning
a blind-eye to very serious criminal corruption and cover-up by Sue Sim,
Northumbria police when dealing with the Martin McGartland cases.

 

5, Have the panel looked or investigated complaints where there have been
allegations of corruption against Northumbria police, its officers. If
not, why not?  If they have what is their findings?

 

6, I want to place on the record that I am giving my full consent to have
any complaints I, Martin McGartland, have made against NP to be pasted to
the seven members complaint scrutiny Panel so that they can be
investigated. Given above will the PCC now refer my complaint/s to them to
be independently looked at. If not, please explain why not?

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

 1. I can confirm that the Independent Police Complaints Scrutiny Panel
(the Panel) will only review complaints where the outcome is that the
complaint appeal is upheld.  

The current process in place is that upheld appeal complaint reference
numbers for the previous financial year are provided by Northumbria Police
to the Office of the Police and Crime Commissioner, who then selects cases
on an indiscriminate basis.  The Office of the Police and Crime
Commissioner then instructs the Panel to independently review the specific
cases that have been selected.

2. As set out in my response above, I can confirm that the Office of the
Police and Crime Commissioner selects those cases using the process
explained in my response to question 1.  It is those cases that are
reviewed by the Panel.

3. The information you require in this part of your request is considered
to be made up entirely of the personal data of the seven members of the
Panel.  I will not be providing information to satisfy this part of your
request as it is exempt in accordance with section 40(2) of the Freedom of
Information Act 2000.

Section 40(2) is a class based absolute exemption and there is no
requirement to consider the public interest in disclosure.  That being
said, where Section 40(2) is engaged in order to make the exemption
absolute, there needs to be evidence that a data protection principle
would be breached by disclosure.  In this case it would not be fair to
process information which could lead to the identification of an
individual.  Therefore the first principle of the Data Protection Act
would be breached.  

The full exemption is set out for you below:

Section 40(2) - Personal Information

(2) Any information to which a request for information relates is also
exempt information if -

(a) it constitutes personal data which do not fall within subsection (1),
and

(b) either the first or the second condition below is satisfied.

(3)     The first condition is -

(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the [1998 c.  29.] Data
Protection Act 1998, that the disclosure of the information to a member of
the public otherwise than under this Act would contravene -

(i) any of the data protection principles, or

(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and

(b) in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the
[1998 c.  29.] Data Protection Act 1998 (which relate to manual data held
by public authorities) were disregarded.

You should consider this to be a refusal under section 17 of the Act.

4. The panel members cannot be contacted as this is an internal process
and is not subject to statutory guidelines. Members work directly and
report to the Office of the Police and Crime Commissioner.

5. No, there have been no upheld appeals of this type. As stated in the
response to question 1, the current process in place is that upheld appeal
complaint reference numbers for the previous financial year are provided
by Northumbria Police to the Office of the Police and Crime Commissioner,
who then selects cases on an indiscriminate basis. The Office of the
Police and Crime Commissioner then instructs the Panel to independently
review the specific cases that have been selected.  

6. As set out above, there is an existing internal process for the panel
in reviewing cases and their remit is not to take direction from members
of the public.
You may be interested to know that Northumbria Police & Crime Commissioner
routinely publish information via the Disclosure Log.  The aim of the
Disclosure Log is to promote openness and transparency by voluntarily
placing information into the public arena.

The Disclosure Log contains copies of some of the information that has
been disclosed by Northumbria Police & Crime Commissioner in response to
requests made under the Freedom of Information Act 2000.

Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the
public interest.

The Disclosure Log will be updated quarterly.

Your request for an internal review stated:

This is a request for an internal review on the following grounds;

1. You have not dealt with my request correctly now within the rules of
FOIA 2000.

2.  You are claiming that all of the recorded information that I have
requested is personal data, information when you are very well aware that
it is not.

3.  Vera Baird, Northumbria PCC and or her office are using and abusing
FOIA 2000 to conceal non exempt recorded information that must be released
under FOIA 2000. This is a clear breach of the FOIA 2000.

As well as the above, it is noted that you, PCC office have not went on to
deal with this request as a DPA request given what you have claimed in
your reply. You also do not appear to have offered to deal with part or
all of this request as DPA in your reply.

I will be taking this up with ICO when I have received your reply to my
request for internal review of this request.

In response:

In response to your request for internal review, I shall address the
issues you have raised in turn.

You have claimed that your request has not been dealt with properly and
that your numbered questions have not been answered. However you have not
stated which part of the Act has been breached. I have therefore looked at
the procedure followed when handling your request for recorded
information.

Your request was acknowledged by the Office of the Police & Crime
Commissioner on the 14th April 2014. Subsequently on the 14th May 2014,
you were advised that the request had been extended to consider exemptions
that may be applicable. It was further clarified on the 22nd May that
qualified exemptions were being considered.

I can confirm that where complaints of corruption are made (as you have
claimed in your request), criminal investigations may be instigated,
subsequently exemptions as outlined in Section 30 (Investigations) and
Section 31(Law Enforcement) are considered. Both of these exemptions are
qualified exemptions and where these are being considered, the request can
be extended as in this case. Following this consideration, it was
determined that other exemptions were more suitable to this request and
therefore neither Section 30 nor Section 31 were actually engaged.

You have claimed that none of the numbered questions were answered
properly, though you have not stated why you believe they were not
answered properly. For completeness I have taken this opportunity to
revisit the response provided to each individual question.

The answers to questions 1. and 2. confirmed how cases are selected. As
your request was clearly about complaints that you stated had been made by
you, this information was provided in an effort to aid and assist rather
than applying the Section 40 (personal information) exemption to this part
of your request. Section 30 & 31 of the Act were also considered regarding
these parts of the request as any information (if  held) about possible
criminal investigations would be likely to be exempt from disclosure in
response to a Freedom of Information Act request.

The answer to question 3 confirmed that providing you with names, would
clearly identify people and therefore, Section 40 of the Act (Personal
Information) was fully applicable.

The answer to question 4 confirmed that the panel members cannot be
contacted by members of the public. However, contact with the Office of
the police and Crime Commissioner for Northumbria can be made via the
website which is available to the public. However for completeness and to
assist I have provided contact details for you below:

Telephone : 0191 221 9800

email : [1][Northumbria PCC request email]

online form available from :
[2]http://www.northumbria-pcc.gov.uk/contac...

Postal Address:
Police and Crime Commissioner
2nd Floor Victory House
Balliol Park
Benton Lane
Newcastle upon Tyne
NE12 8EW

The answer to question 5 confirmed that as the criteria you described had
not been met and accordingly no information was held.

The answer to question 6 confirmed that the panel do not take instruction
from members of the public.

It is clear that the questions asked were responded to in accordance with
the legislation.

It should be noted that the Act should not be seen as a way to raise an
individual grievance against a public authority. In this case it would
appear that these requests have been submitted regarding a particular case
rather than to benefit the public interest.

In conclusion, it is the decision of this review that the response was
handled in accordance with the requirements of the Act and you were
supplied individual responses to each question asked.

If you remain dissatisfied with the outcome of this review then it remains
open to you to refer this matter to the Information Commissioner at the
following address:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours sincerely.

Ruth Durham
Director of Policy, Performance and Scrutiny
Office of the Police and Crime Commissioner for Northumbria

 

 

 

References

Visible links
1. mailto:[Northumbria PCC request email]
2. http://www.northumbria-pcc.gov.uk/contac...