Dear West Mercia Police,

Please can you provide a copy of the following:

1) Service recovery policy / guidance - This is in relation to a low level complaint whereby i am seeking to ascertain what current policy is when an individual unhappy with police action attempts to discuss the matter with a first line supervisor to prevent escalating issue to formal complaint. What guidance / policy do you have / issue

2) Copy of criming policy when counter allegations are made - This relates to an incident whereby an allegation has been made of assault and the "defendant" makes a counter allegation against the perceived first "victim" What is the policy on recording and investigating the counter allegation

3) Copy of crimining standards policy in relation to section 47 and 39 assaults, and injuries that would be classified in what bracket, and a copy of the charging standards for such assaults and injuries that would be classed as 47 / 39

Yours faithfully,

P.B

Information Compliance, West Mercia Police

 
Dear Mr Bennett
 
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 12623
 
I write in connection with your request for West Mercia Police information
which was dated and received on 20th September 2019.
 
Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). 
 
Please note that due to an unprecedented number of requests being received
for subject access and FOI, for the foreseeable future requests are now
being triaged and addressed in the following order; Subject Access
requests and then FOI requests.  Every effort will be made to meet our
statutory timescales for responses, subject to the information not being
exempt or containing a reference to a third party. and we ask for your
understanding.
We will aim to provide the information within 20 working days as required
by the Freedom of Information Act.
 
There may be a fee payable for the retrieval, collation and provision of
the information you request.  If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you chose not to make payment then your request will remain
unanswered.
 
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.
 
Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.
 
 
Yours sincerely
 
 
Information Compliance Administrator
Information Compliance Unit
Warwickshire Police & West Mercia Police
P O Box 55
Hindlip  WR3 8SP
 
DD 01905 331545 (Ext. 2545)
 
 
 

Dear Information Compliance,

Could you please review the original request and provide a rough date of when you will be able to provide the information. Thank you

Yours sincerely,

Paul Bennett

Information Compliance, West Mercia Police

Dear Mr Bennett,

 

FREEDOM OF INFORMATION REQUEST REFERENCE NOs:  West Mercia Police 12623 –
Internal review

 

I write further to your email of 20 October 2019 requesting an internal
review of your FOI request.

 

Request for internal review

 

You have sought an internal review of the way your request has been
handled.

 

Decision of internal review

 

I apologise that you have not received a response to your request for
information within 20 working days as stipulated by the Freedom of
Information Act 2000 (“The Act”).  We have been dealing with an
unprecedented number of requests which we have been working through as
quickly as possible.  Your request is currently being worked on and a
response will be provided to you as soon as possible.

 

 

Should you have any further queries concerning this matter, please contact
the Information Compliance Unit quoting the reference number above.

 

If you remain unsatisfied with the outcome of this internal review you
have the right to apply to the Information Commissioner.  Their contact
details are outlined below.

 

 

Kind regards,

 

David

 

David COLE (C60405), Supervisor – Information Compliance Unit

Warwickshire Police & West Mercia Police

Email [1][West Mercia Police request email]

Post Information Compliance Unit, PO Box 55, West Mercia Police
Headquarters, Hindlip Hall, Worcester, WR3 8SP

[2]www.warwickshire.police.uk

[3]www.westmercia.police.uk

 

The Information Commissioner

 

If after lodging a complaint with WMP you are still dissatisfied with the
decision, you may make application to the Information Commissioner (ICO)
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 [4]website.  Alternatively, you can contact the ICO in
writing or via phone:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel:  0303 123 1113 (local rate) or 01625 545745 (national rate)

Fax:  01625 524 510

 

 

dangos adrannau a ddyfynnir

Dear Information Compliance,

David,

Thank you for the update.
I look forward to hearing from you in due course

Yours sincerely,

Paul Bennett

@ Freedom of Information,

 
Dear Mr Bennett
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 12623
I write in connection with your request for information which was received
on 20^th September 2019. Please find below the response to your request:
 
Request:
 
Please can you provide a copy of the following:
 
1) Service recovery policy / guidance - This is in relation to a low level
complaint whereby I am seeking to ascertain what current policy is when an
individual unhappy with police action attempts to discuss the matter with
a first line supervisor to prevent escalating issue to formal complaint.
What guidance / policy do you have / issue
 
2) Copy of criming policy when counter allegations are made - This relates
to an incident whereby an allegation has been made of assault and the
"defendant" makes a counter allegation against the perceived first
"victim" What is the policy on recording and investigating the counter
allegation
 
3)  a) Copy of criming standards policy in relation to section 47 and 39
assaults, and injuries that would be classified in what bracket, and
 
      b) a copy of the charging standards for such assaults and injuries
that would be classed as 47 / 39             
 
Reply:-
 
Q1. There is a training aid available to all intranet users and presented
at Management training days, regarding “how to deal with complaints” which
contains data on Service Recovery and it states:
"There will be times when someone approaches the police because they are
dissatisfied with the service they have received. It may be clear that the
grievance is based on a misunderstanding that can be resolved ‘there and
then’ by contacting the person and explaining. There is no need to record
their concern as a Police Reform Act (PRA) complaint provided that they
are satisfied by that explanation and confirm that they no longer wish to
pursue a complaint."
 
This is supported by the IPCC Statutory Guidance 2015 para 3.19 which
states:
"3.19 If a person’s complaint can be dealt with there and then, to the
satisfaction of the person making the complaint, there is no need to
record it under the Police Reform Act 2002, provided he or she confirms
that he or she is withdrawing the complaint. However, it may be valuable
to keep a log of such issues as there may still be learning to be gained
from them. In all other circumstances the complaint should be recorded
unless it falls within the exemptions listed below."
The IPCC Statutory Guidance can be accessed at the link below:
[1]https://policeconduct.gov.uk/sites/defau...
 
Q2. & Q3 a)
This information can be found in Home Office Counting Rules (HOCR),
Violence Against the Person section which is a public facing document and
can be accessed via the internet.  The HOCR is the policy for the way all
police forces in England & Wales count and record all reports of crime. 
 
b) Sec.39 and Sec.47 assaults require CPS charging advise not Police
charging advice.  To request information about the CPS charging standards,
I would suggest CPS (Crown Prosecution Service) are best placed to advise
on this.
 
Every effort has been made to ensure that the information provided is as
accurate as possible
Your attention is drawn to the below which details your right of
complaint.
Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.
 
Yours sincerely
 
 
 
Sabina Harris
Information Compliance Officer
Information Compliance Unit
Warwickshire Police and West Mercia Police
Internal ext: 3864
Direct Line: 01788 853864
email: [email address]
 
Not protectively marked
 
 
 
Warwickshire Police in complying with their statutory duty under sections
1 and 11 of the Freedom of Information Act 2000 to release the enclosed
information 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 The Force Solicitor, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.
 
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 Warwickshire Police
(WP) to review their decision.
 
Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the person 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 person named 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 WP
made under the Freedom of Information Act 2000 (the Act) regarding access
to information, you can lodge a complaint with WP to have the decision
reviewed.  WP must be notified of your intention to complain within 20
working days of the date of its response to your Freedom of Information
request.  Complaints should be made in writing and addressed to:
 
Information Compliance Unit
West Mercia Police Headquarters
PO Box 55
Hindlip Hall
Hindlip
Worcester
WR3 8SP
 
Alternatively, you can email
[2][email address]
 
In all possible circumstances, WP will aim to respond to your complaint
within 20 working days.
 
The Information Commissioner
 
If after lodging a complaint with WP you are still dissatisfied with the
decision, you may make application to the Information Commissioner (ICO)
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 [3]website.  Alternatively, you can contact the ICO in
writing or via phone:
 
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
Tel:  0303 123 1113 (local rate) or 01625 545745 (national rate)
Fax:  01625 524 510
 
 
 
 
 

References

Visible links
1. https://policeconduct.gov.uk/sites/defau...
2. mailto:[email address]
3. https://ico.org.uk/

Dear @ Freedom of Information,

Thank you for your update

Yours sincerely,

Paul Bennett