Dear Cleveland Police,

Please provide all names and rank of any Cleveland Police employee, either sworn officer or civilian who has been dismissed or resigned due to being investigated for misconduct for the last 20 years.
Please also provide the names of any persons employed by Cleveland Police who have committed any criminal offences for the last 20 years.

Please also state the offence involved

Yours faithfully,

Jonathan Davis

Freedom of Information, Cleveland Police

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For Legal please forward your e-mail to
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check the Subject Access section of the Cleveland Police website under the
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[2][email address] for all other
enquiries please contact Cleveland Police via 101.

 

References

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Freedom of Information, Cleveland Police

Dear Mr Davis,

Enquiry Ref: 12845/2021

I acknowledge receipt of your request for information dated 15th April 2021 and received by this office on 16th April 2021.

As set out by the Freedom of Information Act it will be our aim to respond to your request within 20 working days that is by 17th May 2021. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

Although every effort will be made to ensure a response is provided within statutory deadlines, due to current circumstances delays may be unavoidable. We apologise for any inconvenience and will endeavour to process your request as quickly as is practicable.

Please note the ‘working day’ is defined as any day other than a Saturday, a Sunday, or a day which is a bank holiday in any part of the United Kingdom. The first reckonable day is the first working day after receipt.

If you have any questions regarding your request please contact this office.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

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Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

dangos adrannau a ddyfynnir

Freedom of Information, Cleveland Police

Dear Mr Davis

Enquiry Reference: 12845 -21

I write in connection with regards to your request received in this office on 16th April. I note you seek the following:

1. Please provide all names and rank of any Cleveland Police employee, either sworn officer or civilian who has been dismissed or resigned due to being investigated for misconduct for the last 20 years.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Sec1 (1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Sec1 (1) (b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon s17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.

Section 40(2) Personal Information

Section 40 is an absolute exemption, which means that the legislators have identified that harm would be caused by any release. In addition there is no requirement to consider the public interest test.
Under subsection 2 of Section 40 of The Freedom of Information Act, information is exempt information if it constitutes personal information of which the applicant is not the data subject. In order to be considered exempt personal information, the information must satisfy one of two conditions. It must either be information which would be exempt from disclosure to the data subject under the provisions of the Data Protection Act (General Data Protection Regulation) 2018, or disclosure of the information would contravene any of the Data Protection Principles or cause damage or distress to the data subject.

On this occasion the information requested is clearly personal information and would contravene the first principle of the Data protection Act 2018 - lawfulness, fairness and transparency, what are the likely expectations of the data subjects, in that would they expect the Cleveland Police to release personal details to the world, since release of information under The Freedom of Information Act 2000, is release to the world at large and not just to the individual applicant and as such I believe to do so would amount to unfair processing and hence therefore is exempt under Section 40(2)(a).

Section 40 of the Freedom of Information Act 2000 is a class based and absolute exemption. This indicates that the legislators when writing this piece of legislation considered that the release of this type of information would cause harm to either the authority or the individuals involved.

2. Please also provide the names of any persons employed by Cleveland Police who have committed any criminal offences for the last 20 years.
3. Please also state the offence involved.

Having made enquiries within the Force we would rely on the below for question 2 and 3 to explain that if any part of your request exceeds the appropriate time stipulated by the Secretary for Constitutional Affairs, Lord Falconer on the 18th Of October 2004, that is, eighteen hours then the whole request has.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1 (1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1) (b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon Section 17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.

Having made enquiries within the Force regarding your request we have been advised that there is not a list of this information and if held it is recorded on the personal file of each employee and checked as part of the periodical vetting process however to provide the information would require either the manual retrieval and reading of every personal record or vetting form and it is estimated that this would take in excess of the appropriate time stipulated by the Secretary for Constitutional Affairs, Lord Falconer on the 18th Of October 2004, that is, eighteen hours. This falls under the exemption of 'Compliance exceeding the appropriate limit' covered by Section 12 (1) of the Freedom of Information Act 2000 and as such this work could not be undertaken. Therefore, please treat this as a refusal notice under S17 of the Freedom of information Act.
In accordance with Section 16 of the Act I have a duty to provide advice and assistance on this occasion I am unable to offer assistance as reducing the time specified would still take over the time period specified.
However as a gesture of good will, outside of the Act we have provided information relevant to one case that we have been made aware of an offence was Drink Driving in 2017 the court result was a fine and disqualification and a Final Written Warning was issued as a result of force investigation. There is also some information available on the below website:

https://www.cleveland.police.uk/foi-ai/c...

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

We have made every effort to ensure a response was provided within statutory deadlines, however due to current circumstances delays have been unavoidable. If your response was late we apologise for any inconvenience it may have caused.

If we can be of any further assistance please do not hesitate to contact this office.

Yours sincerely

Mrs M Johnson
Freedom of Information Decision Maker
Department of Standard & Ethics | 1 Cliffland Way | Hemlington | TS8 9GL

Website | Facebook | Twitter | Instagram | LinkedIn

Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

dangos adrannau a ddyfynnir