Northumbria Police 'Review' of late 2006 early 2007

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

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn rhannol lwyddiannus.

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

I note from your reply dated 13th December 2011; http://www.whatdotheyknow.com/request/ma... you answered number 5 as follows; "The review was conducted at the end of 2006 to the beginning of 2007."

Please supply me with all recorded information you hold concerning following;

1. What was the date in late 2006 in which the 'review' began and on what date was it concluded?

2. How many officers within NP were involved with the the review, what was the rank of each officer involved?

3. Which officer/s, including rank, within NP authorised the review and for what reason/s?

4. What was the findings of the review?

5. Please supply all recorded information concerning the type of review that NP carried out in this case.

6. Please supply all recorded information concerning how NP's cold case review team and also their MIT deal with and also review unsolved major incidents and investigations i.e attempted murders where firearms have been used?

7. All recorded information held by NP concerning the conducting of periodic reviews relating to unsolved Major
Incident Investigation/s by its 'Dedicated major crime review section"?

Yours faithfully,

Martin McGartland

Northumbria Police

Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

You should note that we shall neither acknowledge nor respond to questions
1-5 of your request as this is clearly on a subject area that has been
previously classed as vexatious, of which you are aware.

Therefore, we will process the remaining parts of your request as follows:-

"6. Please supply all recorded information concerning how NP's cold case
review team and also their MIT deal with and also review unsolved major
incidents where firearms have been used?
7. All recorded information held by NP concerning the conducting of
periodic reviews relating to unsolved Major Incident Investigation/s by its
'Dedicated major crime review section"?

A response to those parts should be provided by 16th January 2012.

Yours sincerely

Jan Mcewan

Disclosure Section

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

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Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

You have stated that; "You should note that we shall neither acknowledge nor respond to questions
1-5 of your request as this is clearly on a subject area that has been previously classed as vexatious, of which you are aware."

You are very well aware that the ICO has already made it clear that requests relating to me were not 'vexatious'.

I am now requesting that NP deal with my request in full. If NP are not willing to do so can they please supply me with their reasons. I am also requesting NP's help and assistance under the FOIA i.e. concerning how I can challenge the NP 2009 'vexatious' Notice as I maintain it is unlawful. The 2009 notice has never been reviewed nor dealt with by ICO. Will NP be now reviewing it? If not, please explain why not.

The ICO has now tested NP's 'vexatious' claims and the ICO has stated that NP were wrong, that the requests relating to me were not 'vexatious'.

I look forward to your urgent reply.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland

 I can confirm that the Vexatious Notice issued on 13 November 2009 has
been reviewed by Northumbria Police in March 2011 in relation to FOI's
817/10, 819/10, 820/10 and 834/10.

That review upheld the initial decision that was made.

As was explained in that review, you may wish to refer the matter to the
office of the Informattion Commissioner should you remain dissatisfied.

Yours sincerely

Michael Cleugh

Data Protection & Disclosure Advisor

From:        Martin McGartland <[FOI #97037 email]>
on 16/12/2011 14:46

To:        [Northumbria Police request email]
cc:        
Subject:        Re: Freedom of Information Act 2000 (FOIA) Request 999/11
- Review of Investigation [NOT PROTECTIVELY MARKED]

     Dear Northumbria Police,
   
    You have stated that; "You should note that we shall neither
    acknowledge nor respond to questions
    1-5 of your request as this is clearly on a subject area that has
    been previously classed as vexatious, of which you are aware."
   
    You are very well aware that the ICO has already made it clear that
    requests relating to me were not 'vexatious'.
   
    I am now requesting that NP deal with my request in full. If NP are
    not willing to do so can they please supply me with their reasons.
    I am also requesting NP's help and assistance under the FOIA i.e.
    concerning how I can challenge the NP 2009 'vexatious' Notice as I
    maintain it is unlawful. The 2009 notice has never been reviewed
    nor dealt with by ICO. Will NP be now reviewing it? If not, please
    explain why not.
   
    The ICO has now tested NP's 'vexatious' claims and the ICO has
    stated that NP were wrong, that the requests relating to me were
    not 'vexatious'.
   
    I look forward to your urgent reply.
   
    Yours faithfully,
   
    Martin McGartland
   
   

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

You say that; "I can confirm that the Vexatious Notice issued on 13 November 2009 has been reviewed by Northumbria Police in March 2011 in relation to FOI's 817/10, 819/10, 820/10 and 834/10. That review upheld the initial decision that was made."

What did 817/10, 819/10, 820/10 and 834/10 have to do with NP's first 2009 Vexatious Notice? I suspect they were added by NP to try to justified their flawed and unlawful 2009 Vexatious decision (or wild claims). In any event NP's 'Vexatious' decisions have now been tested by ICO, in fact, the ICO upheld complaints against NP and even stated that; "The force refused the complainant’s request on the basis that, as it was part of a campaign, the request was vexatious under section 14(1) of the Act. The Commissioner finds that the force incorrectly applied section 14(1) to the request. He requires the public authority to respond to the request in accordance with the provisions of section 1 of the Act within 35 calendar days." The Commissioner also stated that; "The Commissioner finds that the force has not provided sufficient evidence to show that the complainant’s request itself was intended to cause significant disruption or annoyance or has had these effects." ... "The Commissioner’s decision is that the public authority did not deal with the request for information in accordance with the Act." Given same I would like NP to re-consider and also carryout proper review/s of their 2009 'vexatious' Notice.

Can you please release me copies of the findings of your March 2011 'review'. I at no time asked for a review, however, I would like NP to review their 2009 Vexatious Notice now given that the ICO has already issued Desions Notice's stated that request made by me and others, to NP, were not Vexatious. The 2009 Vexatious Notice was flawed, it was/is part of the NP cover-up.

Moreover, I am making a request for an internal review of this request. I have spoken to ICO and they have confirmed that NP can not continue to refer to their 2009 Vexatious Notice i.e. the request must be dealt with as a new request.

I note NP have still not dealt with above request, can they please do so.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland

817/10, 819/10, 820/10 and 834/10 were all connected to the same subject.
That subject had been declared vexatious. The review carried out in March
2011 is freely available via the Whatdotheyknow web-site. I have attached
a link below to further assist you.

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

Whilst you say that you had not asked for an internal review, I must
advise that in an e-mail sent via the Whatdotheyknow website from you
01/02/2011 you stated "I am once again requesting that NP carry out an
internal review on this and all of my other requests". Further to this
another e-mail from you dated 02/03/2011 stated "Can you please update me
with regard to the internal review I requested on this matter"

Regarding your latest request, Northumbria Police can only review a
request and its response, once the response to the request has been sent.
At this point your request has not had a response, we are therefore not in
a position to carry out a review at this stage. However, please note that
we shall rely on section 17 (6)(c) of the Act regarding those parts of
your request that have not been acknowledged. That section states that "It
would in all circumstances be unreasonable to expect the authority to
serve a further notice under subsection (5) in relation to the current
request".

Once a  full response is sent to you, an internal review may be requeted.

Yours sincerely

Michael Cleugh
Data Protection & Disclosure Advisor

From:        Martin McGartland <[FOI #97037 email]>
on 28/12/2011 13:39

To:        [Northumbria Police request email]
cc:        
Subject:        Internal review of Freedom of Information request -
Northumbria Police 'Review' of late 2006 early 2007

     Dear Northumbria Police,
   
    You say that; "I can confirm that the Vexatious Notice issued on 13
    November 2009 has been reviewed by Northumbria Police in March 2011
    in relation to FOI's 817/10, 819/10, 820/10 and 834/10. That review
    upheld the initial decision that was made."
   
    What did 817/10, 819/10, 820/10 and 834/10 have to do with NP's
    first 2009 Vexatious Notice? I suspect they were added by NP to try
    to justified their flawed and unlawful 2009 Vexatious decision (or
    wild claims). In any event NP's 'Vexatious' decisions have now been
    tested by ICO, in fact, the ICO upheld complaints against NP and
    even stated that; "The force refused the complainant’s request on
    the basis that, as it was part of a campaign, the request was
    vexatious under section 14(1) of the Act. The Commissioner finds
    that the force incorrectly applied section 14(1) to the request. He
    requires the public authority to respond to the request in
    accordance with the provisions of section 1 of the Act within 35
    calendar days." The Commissioner also stated that; "The
    Commissioner finds that the force has not provided sufficient
    evidence to show that the complainant’s request itself was intended
    to cause significant disruption or annoyance or has had these
    effects." ... "The Commissioner’s decision is that the public
    authority did not deal with the request for information in
    accordance with the Act." Given same I would like NP to re-consider
    and also carryout proper review/s of their 2009 'vexatious' Notice.
   
    Can you please release me copies of the findings of your March 2011
    'review'. I at no time asked for a review, however, I would like NP
    to review their 2009 Vexatious Notice now given that the ICO has
    already issued Desions Notice's stated that request made by me and
    others, to NP, were not Vexatious. The 2009 Vexatious Notice was
    flawed, it was/is part of the NP cover-up.
   
    Moreover, I am making a request for an internal review of this
    request. I have spoken to ICO and they have confirmed that NP can
    not continue to refer to their 2009 Vexatious Notice i.e. the
    request must be dealt with as a new request.
   
    I note NP have still not dealt with above request, can they please
    do so.
   
    Yours faithfully,
   
    Martin McGartland
   
   

dangos adrannau a ddyfynnir

Gadawodd Jeff Hayward anodiad ()

I think Northumbria Police are ' addicted ' to the word ' vexatious '.Do Northumbria Police ever give a straight answer.Their answers are as bent as their actions in this case !

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

The point I was making that I have never requested an internal review of the 2009 'vexatious' notice. Moreover, the ICO have stated that NP were incorrect by using 'vexatious', they also stated that requests relating to my case were NOT 'vexatious'. However, NP are continuing to claim requests are 'vexatious'.

I am requesting that NP carry out a review of their 2009 'vexatious' notice given that ICO have now issued a number of DN's stated that requests relating to me are.were not 'vexatious'. I also spoke to the ICO a number of days ago and was told that NP can not continue to refer to a 2009 'vexatious' notice while dealing with other requests.

NP only linked the above request to hide, conceal and cover-up in this case. Please confirm that NP will now be rev reviewing the 2009 'vexatious' notice given it has now been tested by ICO and found not to be 'vexatious'.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland

The ICO supports an approach of 40 days to request an internal review of
responses given to requests.  

At this stage of this request, there is no requirement to review the
notice given to you in 2009.

Yours sincerely

Michael Cleugh
Data Protection & Disclosure Advisor

From:        Martin McGartland <[FOI #97037 email]>
on 30/12/2011 20:08

To:        [Northumbria Police request email]
cc:        
Subject:        Re: Internal review of Freedom of Information request -
Northumbria Police 'Review' of late 2006 early 2007 [NOT PROTECTIVELY
MARKED]

     Dear Northumbria Police,
   
    The point I was making that I have never requested an internal
    review of the 2009 'vexatious' notice. Moreover, the ICO have
    stated that NP were incorrect by using 'vexatious', they also
    stated that requests relating to my case were NOT 'vexatious'.
    However, NP are continuing to claim requests are 'vexatious'.
   
    I am requesting that NP carry out a review of their 2009
    'vexatious' notice given that ICO have now issued a number of DN's
    stated that requests relating to me are.were not 'vexatious'. I
    also spoke to the ICO a number of days ago and was told that NP can
    not continue to refer to a 2009 'vexatious' notice while dealing
    with other requests.
   
    NP only linked the above request to hide, conceal and cover-up in
    this case. Please confirm that NP will now be rev reviewing the
    2009 'vexatious' notice given it has now been tested by ICO and
    found not to be 'vexatious'.
   
    Yours faithfully,
   
    Martin McGartland
   
   

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

What has that got to do with the fact that the ICO have now issued a number of DN's stated that requests relating to me are not 'vexatious', those have only been dealt with within the past number 8 weeks or so. Moreover, I have spoken tho the ICO in the past number of days and they have told me that you, NP can not rely on that 2009 'vexatious' notice. That notice was flawed, it has been tested already by the ICO.

I can see why you, NP would not want to reveiw that flawed notice, however, they must now do so gien the above. If NP are not going to review it I am asking them to explain their reasons for not doing so.

I await your reply.

Yours faithfully,

Martin McGartland

Northumbria Police

1 Atodiad

Provision of Information held by Northumbria Police under the Freedom of
Information Act 2000 (the" Act")

With regard to your email in which you make a request for information that
Northumbria Police may hold.

I regret that Northumbria Police 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.

Specifically in relation to your request Northumbria Police are
considering the exemption as set out in the following parts of the Act:

Section 31 - Law Enforcement

I can now advise you that the new date for the provision of the
information is 13 February 2012.  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

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial:  01661 868347

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/

Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

Scottish Information Commissioner concealing Martin McGartland's name and asks Strathclyde Police's Chief Constable to do same. The State Cover-up

http://www.scribd.com/martymcgartland/d/...

www.martinmcgartland.co.uk

Northumbria Police

2 Atodiad

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 14 December 2011 in which you made a request
for access to certain information which may be held by Northumbria Police.

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),
subject to certain limitations and exemptions.

As advised in your acknowledgement, dated 16th January, you should note
that we shall neither acknowledge nor respond to questions 1-5 of your
request as this is clearly on a subject area that has been previously
classed as vexatious, of which you are aware.

Therefore, we will process the remaining parts of your request as follows:-

You asked:

6. Please supply all recorded information concerning how NPs cold case
review team and also their MIT deal with and also review unsolved major
incidents where firearms have been used?

7. All recorded information held by NP concerning the conducting of
periodic reviews relating to unsolved Major Incident Investigation/s by
its Dedicated major crime review section"?

In response:

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

Following receipt of your request, searches were conducted with the Crime
Department of Northumbria Police. I can confirm that the information you
have requested is held by Northumbria Police.

I have today decided to disclose the located information to you as follows.

6. No information held - There is no specific information held on how cases
involving firearms are reviewed. The Major Crime Team review cases such
as attempted murders with consideration being given to the Murder
Investigation Manual. This document has previously been released into
the public domain in a redacted format by the Association of Chief
Police Officers and the relevant part of that document is attached for
your information.

(See attached file: ACPO Murder Investigation Manual - Section
4_20120113_14.pdf)

7. Where investigations remain open and throughout a case, action is taken
when lines of enquiry are appropriate. There is no force policy on the
regularity of conducting reviews relating to major investigations.

Northumbria Police undertake a wide range of reviews aimed at
identifying further opportunities to detect crime and acting on
identified learning points and best practice.

Historic reviews are conducted into cases of long term undetected
homicides or stranger rape with a view to evaluating whether there are
new grounds for opening new lines of enquiry. They are carried out
periodically or when there are significant changes in legislation or
technology that may help an investigation. Other Serious Offences are
also considered for review at the direction of a Chief Officer or Head
of Crime.

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. 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.

(See attached file: FOI Complaint Rights.doc)

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

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347

[NOT PROTECTIVELY MARKED]
NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk