RE; ACPO guidance. Northumbria Police cover-up in Martin McGartland case

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.

Gwrthodwyd y cais gan Northumbria Police.

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

The CPS have written a letter dated 9th Sept 2011,link here: http://www.whatdotheyknow.com/request/82... and within their letter they included the following;

“On 12.1.11 Our Counter Terrorism Division contacted a Superintendent at Northumbria Police who confirmed that for the last four months they have been inundated with related FOI requests and so had the PSNI. Accordingly, they had received guidance from the ACPO Central Referral Unit.”

Under the freedom of information act can you please supply me with all correspondence, information and documents relating to this matter. Please also include for details, including copies of all advice or ‘guidance from the ACPO Central Referral Unit’ relating to this matter, all FOI requests and or my cases.

I must add that the comments by the CPS within their letter concerning; ‘... a Superintendent at Northumbria Police who confirmed that for the last four months they have been inundated with related FOI requests and so had the PSNI.’ There are going to be requests made when NP refuse to answer FOI request/s, when NP and its officers act corruptly , when NP collude with others, when NP cover-up, when NP break the Law and when NP continually lie, when NP do not answer my questions (as the victim, when NP refuse to update me as the victim, as they are required to do by law etc etc. This is what Sue Sim, Chris Thomson and many other bent cops within NP have been doing. That is what they have done, what they continue to do when dealing with me, my attempted murder case. Moreover, the fact of the matter is that NP have never released any of the information I have been requesting or asked for, what NP have done is lied and claimed that my requests have been or were 'vexatious' when the truth is they themselves were saying this to cover-up their own wrongdoing and serious corruption in my case. They continue to do so even to this day.

Yours faithfully,

Martin McGartland

Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

You can keep up to date with the NP, HMG cover-up in the Martin McGartland case by going to;

https://www.facebook.com/#!/MartinMcGart...

www.martinmcgartland.co.uk

https://www.facebook.com/#!/pages/Jim-Ca...

https://www.facebook.com/#!/pages/Northu...

https://www.facebook.com/#!/pages/Northu...

You can also search google, facebook and youtube for Martin McGartland Northumbria Police.

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

You are now in breach of the FOIA. Please let me have your reply to my request.

Yours faithfully,

Martin McGartland

Northumbria Police

1 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 September 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.
 
You asked:

The CPS have written a letter dated 9th Sept 2011,link here:
http://www.whatdotheyknow.com/request/82...
and within their letter they included the following;
“On 12.1.11 Our Counter Terrorism Division contacted a Superintendent at
Northumbria Police who confirmed that for the last four months they have
been inundated with related FOI requests and so had the PSNI. Accordingly,
they had received guidance from the ACPO Central Referral Unit.”
Under the freedom of information act can you please supply me with all
correspondence, information and documents relating to this matter. Please
also include for details, including copies of all advice or ‘guidance from
the ACPO Central Referral Unit’ relating to this matter, all FOI requests
and or my cases.
I must add that the comments by the CPS within their letter concerning;
‘... a Superintendent at Northumbria Police who confirmed that for the
last four months they have been inundated with related FOI requests and so
had the PSNI.’ There are going to be requests made when NP refuse to
answer FOI request/s, when NP and its officers act corruptly , when NP
collude with others, when NP cover-up, when NP break the Law and when NP
continually lie, when NP do not answer my questions (as the victim, when
NP refuse to update me as the victim, as they are required to do by law
etc etc. This is what Sue Sim, Chris Thomson and many other bent cops
within NP have been doing. That is what they have done, what they continue
to do when dealing with me, my attempted murder case.

Moreover, the fact of the matter is that NP have never released any of the
information I have been requesting or asked for, what NP have done is lied
and claimed that my requests have been or were 'vexatious' when the truth
is they themselves were saying this to cover-up their own wrongdoing and
serious corruption in my case. They continue to do so even to this day.

In response:

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

This request is clearly on a subject previously declared as vexatious
under Section 14 of the Freedom of Information Act 2000 and therefore
requires no acknowledgement or response.  However, as some of the
information may be classed as personal data, you may wish to submit a
subject access request to this office.  The request will then be
considered under section 7 of the Data protection Act 1998.

I have attached a link to further information on how to make such a
request below.

http://www.northumbria.police.uk/foi/dat...

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.

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

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Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

I would like you to carry out an Internal review of this request

Yours faithfully,

Martin McGartland

Northumbria Police

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

Helen Robbins

Disclosure Section
[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 -
[1]http://www.northumbria.police.uk

References

Visible links
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Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

I have this evening made a complaint to the ICO concerning this request.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland,

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

Thank you for your email dated the 17th October 2011 in which you
requested a review of the response to your request for access to
information which may be held by Northumbria Police. May I take this
opportunity to apologise sincerely for the delay in our responding to you.
 The delay has been due to an inordinately high level of work in my
department.

You asked:

The CPS have written a letter dated 9th Sept 2011,link here:
http://www.whatdotheyknow.com/request/82...
and within their letter they included the following;
“On 12.1.11 Our Counter Terrorism Division contacted a Superintendent at
Northumbria Police who confirmed that for the last four months they have
been inundated with related FOI requests and so had the PSNI. Accordingly,
they had received guidance from the ACPO Central Referral Unit.”
Under the freedom of information act can you please supply me with all
correspondence, information and documents relating to this matter. Please
also include for details, including copies of all advice or ‘guidance from
the ACPO Central Referral Unit’ relating to this matter, all FOI requests
and or my cases.
I must add that the comments by the CPS within their letter concerning;
‘... a Superintendent at Northumbria Police who confirmed that for the
last four months they have been inundated with related FOI requests and so
had the PSNI.’ There are going to be requests made when NP refuse to
answer FOI request/s, when NP and its officers act corruptly , when NP
collude with others, when NP cover-up, when NP break the Law and when NP
continually lie, when NP do not answer my questions (as the victim, when
NP refuse to update me as the victim, as they are required to do by law
etc etc. This is what Sue Sim, Chris Thomson and many other bent cops
within NP have been doing. That is what they have done, what they continue
to do when dealing with me, my attempted murder case.

Moreover, the fact of the matter is that NP have never released any of the
information I have been requesting or asked for, what NP have done is lied
and claimed that my requests have been or were 'vexatious' when the truth
is they themselves were saying this to cover-up their own wrongdoing and
serious corruption in my case. They continue to do so even to this day.

In response:

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

This request is clearly on a subject previously declared as vexatious
under Section 14 of the Freedom of Information Act 2000 and therefore
requires no acknowledgement or response.  However, as some of the
information may be classed as personal data, you may wish to submit a
subject access request to this office.  The request will then be
considered under section 7 of the Data protection Act 1998.

I have attached a link to further information on how to make such a
request below.

http://www.northumbria.police.uk/foi/dat...

Your request for review asked:
 
Dear Northumbria Police,

I would like you to carry out an Internal review of this request.

Yours faithfully,

Martin McGartland

Your response to your request for review is as follows:

As you have not made out any specific arguments as to why you disagree
with the response you were provided, this review has taken the opportunity
to re-visit and review your request and its response as a whole.

The initial response sent to you advised you that information classed as
your personal data would not be supplied in response to a Freedom of
Information request. You were therefore given advice on how to make a
subject access request as per section 7 of the Data Protection Act 1998.

I can confirm that any information held that would identify an individual
including you, is exempt from disclosure under the Act. As correspondence
regarding you/your requests would clearly identify you, those documents
fall into the category of personal data and should therefore be considered
under the Data Protection Act 1998 rather than the Freedom of Information
Act 2000. It was therefore entirely appropriate to offer you advice on how
to make a valid request under the Data Protection Act 1998.

When considered in the arena of the Freedom of Information Act 2000, the
exemption outlined in Section 14 of the Act comes into consideration.

Section 14 - Freedom of Information Act 2000

Section 14 of the Freedom of Information Act does not oblige a public
authority to comply with a request for information if the request is
deemed as Vexatious.

On the 13th November 2009 you were advised of the following
“I advise that any requests under the Act that are received from you after
4.00pm on Friday 13th November 2009 which are related to those previously
received from you will not be considered under the legislation. I confirm
that any further requests made under the Act, received after the date
given, for information relating to the incident in which you were shot on
the 17th June 2009 and any subsequent information relating to
investigation arising from the incident, associated legal proceedings,
media related matters and any complaints made by yourself related to the
incident and subsequent investigation will be categorised as Vexatious and
will not be administered in any capacity.”

On the 9th September 2011 you were advised of the following –
“I am therefore satisfied that your request is of a vexatious nature and I
therefore must advise you that further requests made under the Act, for
information relating to Martin McGartland, informant information, police
complaints and discipline policies, procedures and statistics, incidents
of the type that Mr McGartland was involved in and related matters will
not be acknowledged or responded to.”

Your latest request is clearly linked to the above subjects and can
therefore be seen to fall into the vexatious category under the Freedom of
Information Act 2000. There is therefore no requirement to supply an
acknowledgement or a response to this type of request. I add that the
declaration of vexatious has been reviewed and upheld previously.

In summary, the decision to provide you with the response as published was
appropriate and the advice offered to further aid and assist regarding
making a subject access request was sufficiently informative.

This concludes my internal review into your request under the Freedom of
Information Act 2000. 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

Hayley Morrison
Disclosure Manager
Legal Department
Northumbria Police
Direct Dial:  01661 868715
Email:  hayley[email address]

Hayley Morrison
Disclosure Manager
Legal Department
Northumbria Police
Direct Dial:  01661 868715
Email:  hayley[email address]

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/

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

You will be aware that I made a complaint to the ICO 10 days ago, as above.

It is clear to anyone reading the correspondence and news reports relating to this case that NP and Sue Sim are involved in a cover-up;

http://www.scribd.com/doc/73354318/This-...

http://www.scribd.com/doc/73844265/Sue-S...

http://www.scribd.com/doc/73493650/IRA-B...

http://www.scribd.com/doc/73354318/This-...

Sue Sim and NP are going to need more than the 'help' of 'men in black' (MI5) and/or the ICO to get them out of of this kind of cover-up.

We will await the outcome of the ICO.

Yours faithfully,

Martin McGartland

www.martinmcgartland.co.uk