Superintendent Amanda Bell - Head of Professional Standards - and the Investigation of complaints against ACC Paul Fullwood, Martin McGartland case...

Gwrthodwyd y cais gan Cambridgeshire Constabulary.

Martin McGartland

08 July 2019

Dear Cambridgeshire Constabulary,

On 7th June 2019 Superintendent Amanda Bell, Head of Professional Standards, wrote to me concerning my complaint/s against ACC Paul Fullwood as follows;

Dear Mr McGartland,

Thank you for your e-mail dated 3rd June 2019 and I appreciate your concerns. Please find my response below.

I note from your correspondence that you state that you do not accept my explanation that the failure to notify you of the referral to the Independent Office for Police Conduct was an ‘oversight’. I can assure you that this was indeed an oversight and nothing more. The referral was made to the IOPC on the 20th May 2019 and is something we have to do by law where the allegations meet certain criteria as they did in this case.

I have also noted that you have requested a copy of the completed referral application (including 7.1) and supporting information. I have enclosed with this letter a copy of the Independent Office for Police Conduct (IOPC) Referral Form (Form 7.1) and the documents that accompanied it, which are:

• The complaint e-mail dated 3rd May 2019
• Case Register
• PSD Complaint Recording Form
• The Referral e-mail to the IOPC

I am still awaiting the mode of investigation decision to be made by the IOPC to determine if they will own as an Independent investigation or whether they will refer it back to my department for investigation. Once this has been determined you will of course be notified.

If this investigation is returned to my department for investigation I assure you this will be investigated transparently and proportionately, meeting the requirements of both relevant legislation and the College of Policing Code of Ethics.

Yours sincerely, A L Bell Superintendent Amanda Bell
Head of Professional Standards
ENDS

The IOPC / IPCC did in fact return the complaint/s - referral back to Supt Bell, her PSD, weeks ago, but I have not heard from her. Emails I have sent about this matter have not been answered.

Under the FOIA I would like to know;

1. Has the 'investigation' began into my complaint/s against ACC Paul Fullwood. If it has, what date did it commence. If it has not, please explain the delay?

As above, I was informed by Ms Bell (as Head of PSD) that; "I am still awaiting the mode of investigation decision to be made by the IOPC to determine if they will own as an Independent investigation or whether they will refer it back to my department for investigation. Once this has been determined you will of course be notified."

Ms Bell also assured me in her (copied / pasted above letter) that; "If this investigation is returned to my department for investigation I assure you this will be investigated transparently and proportionately, meeting the requirements of both relevant legislation and the College of Policing Code of Ethics."

2. Will Cambridgeshire Constabulary, Ms Bell - Head of PSD - be asking an external police force to investigate the complaints against her boss (ACC Paul Fullwood) to ensure both independence and transparency. If not, please explain why not?

Yours faithfully,

Martin McGartland

Gadawodd Martin McGartland anodiad ()

As of today (23 July 2019) Superintendent Amanda Bell, Head of Professional Standards, has STILL not contacted me. And she continues to IGNORE my emails and is OBSTRUCTING (and delaying) the 'investigation' of my complaints against one of her bosses (ACC Paul Fullwood) ....

I have made a complaint against her today.

no-reply@bch.ecase.gsi.gov.uk on behalf of FOI Team, Cambridgeshire Constabulary

1 Atodiad

Dear Martin McGartland,

I am writing in response to your request for information, received 8th
July.

Yours sincerely,
James Cooper

Martin McGartland

Martin McGartland

02 August 2019

Dear Cambridgeshire Police / PSD,

I note that you have dated your reply of today as 15 July BUT have sent it today - 02 August 2019; Link to letter here; https://www.whatdotheyknow.com/request/s... More covering up..... what's that all about?

Where have I heard the Lies that you have included in your reply (copied and pasted at the foot of this message) before? ..... I know, from another corrupt Police force - Northumbria Police - who your force were meant to be reviewing (relating to my unsolved attempted murder) but who your force have now been covering up for and protecting. I refer you to your previous Lie, my reply - page link here: https://www.whatdotheyknow.com/request/n...

Your force [Including CC Jon Boutcher, Acc Paul Fullwood) know no shame... a 'campaign' .... there is a campaign all right, however, on the part of your forces and Northumbria Police who are covering up a re-written / suppressed (being covered up) Jon Boutcher Review report in to my attempted murder.

Jon Boutcher and ACC Paul Fullwood continue to cover up that report, finding and recommendations from me (despite their (many) promises and assurances to me that I would be given a copy of it. Jon Boutcher, ACC Fullwood will not even answer questions I have I have been asking them (for almost 1 year) as the victim in the case, i.e. Did your review undercover any evidence and our suspicions of wrongdoing? Which both Jon Boutcher, ACC Fullwood also assured, promised me (many times) would be acted upon and taken forward. All that too is being covered up along with review findings, the report. What is it that Jon Boutcher, ACC Paul Fullwood and your force is hiding?

The Lie,( as with my other request - your reply of today) ... The covering Up from the public of info relating to complaints against your Head of PSD Amanda Bell- Link here; https://www.whatdotheyknow.com/request/s... ) which your force, ACC Fullwood and Co, PSD are once again using / abusing, that my request is 'vexatious' is also being used to cover up information that I have requested. I have already made complaints against CC Jon Boutcher and ACC Fullwood. I expect those to be covered up too. Jon Boutcher and ACC Fullwood, so far as I am concerned, are two fast talking salesmen who let me down sooo very badly. More fool me for trusting them. They duped me, broke promise after promise.

I am making FOI requests which relate issues that are not only in the public interest (I.e. Police covering up for the police, Police protecting police, covering up reports, failing victim of an attempted murder, delaying complaints against ACC Fullwood, failing to update complainant about complaint/s , investigation, failing to reply to emails etc ). I suspect that your force are now lying about me in an attempt to cover up for and protect Jon Boutcher and Paul Fullwood (who I am clear are both ruthless). I have zero trust or faith in ACC Paul Fullwood or Jon Boutcher. I expect my complaints against both of them to be Whitewashed and covered up by other police officers.

Yours sincerely,

Martin McGartland

THIS LETTER / REPLY WAS SENT TO ME ON 02 AUGUST 2019 VIA WHAT DO THEY KNOW. BUT IS WAS DATED 15 JULY 2019. MORE COVER UP .... WHAT'S THAT ALL ABOUT? PAGE LINK TO THAT REPLY, THE LETTER (Please click on the download button to view):
https://www.whatdotheyknow.com/request/s...

Our Ref: FOI2019/04368 & FOI2019/4734 15 July 2019

By email only to: [FOI #587800 email]

Dear Martin McGartland

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2000 Ref No: FOI2019/04368

I write in connection with your request for information received on 8th July. I note you seek access to the following information:

Under the FOIA I would like to know;

1. Has the 'investigation' began into my complaint/s against ACC Paul Fullwood. If it has, what date did it commence. If it has not, please explain the delay?

As above, I was informed by Ms Bell (as Head of PSD) that; "I am still awaiting the mode of investigation decision to be made by the IOPC to determine if they will own as an Independent investigation or whether they will refer it back to my department for investigation. Once this has been determined you will of course be notified."

Ms Bell also assured me in her (copied / pasted above letter) that; "If this investigation is returned to my department for investigation I assure you this will be investigated transparently and proportionately, meeting the requirements of both relevant legislation and the College of Policing Code of Ethics."

2. Will Cambridgeshire Constabulary, Ms Bell - Head of PSD - be asking an external police force to investigate the complaints against her boss (ACC Paul Fullwood) to ensure both independence and transparency. If not, please explain why not?

Response

The Freedom of Information Act was designed to give individuals a greater right of access to official information with the intention of making public bodies more transparent and accountable. Due to the obvious high interest in policing activity, the Police Service attracts large volumes of requests which place huge pressures on smaller teams of individuals charged with ensuring lawful compliance with the Act.

We must collectively use those resources wisely, and principles have been established within the judicial and legislative framework to protect authorities when requests are inappropriate and an improper use of a formal procedure causing disproportionate impact and unjustified levels of disruption, to meet the request.

Cambridgeshire Constabulary are not obliged to comply with your requests referenced above by virtue of Section 14 (1) which states the following;

Section 1(1) does not oblige a public authority to comply with a request for information if the request is vexatious.

Your requests have all been received within a short period of time, there are multiple questions within each one and the content is similar as they relate to complaints you have about the force. Whilst giving maximum support to individuals genuinely seeking to exercise the right to know, the Commissioner's general approach will be sympathetic towards authorities where requests can be characterised as being part of a campaign for an underlying issue.

The subject areas of your requests have individually affected you and it appears you may be abusing your rights of access to information by using FOI legislation as a means to vent anger in regard to a particular decision that affects you.

FOI legislation is designed to provide opportunities whereby the public can shine a torch on the decision making and workings of a public authority. However, this does not mean that information has to automatically be disclosed. To do so without some thought process would be reckless and likely to breach other relevant legislation. Therefore any requests for information have to be carefully thought through and the relevant exemptions and public interest factors considered.

This is not a simplistic task and whenever a request is received, FOI units have to engage with the information owners, in order to ascertain if the data can be retrieved, as we have a statutory obligation to do so. This immediately places additional workloads and distractions on policing departments whose primary function is to investigate the more complex and serious crimes faced by the force.

Post that activity, FOI units also have to engage with the various stakeholders in disclosure. Again, due to the subject area this is likely to be senior detectives and persistent engagement on the same subject due to numerous requests over a short time period begins to impact on their core functions. It is also impactive on FOI units, who are usually operating at maximum capacity in terms of having to service the ever growing number of other requests we receive.

Our standard practice though, as has been followed for your past requests, is that such a burden is seen as necessary in order to service our statutory obligations under FOI. It is therefore rare that any request would be immediately refused under S14, simply because it was complex or required extensive information retrieval and or consultation. Therefore, the decision to apply the Section 14(1) vexatious request exemption has been made due to the frequent correspondence over the same issue with yourself and also the overlapping of requests before we as a public authority have had chance to deal with earlier enquiries. This letter acts as a refusal notice.

Please be advised that any future requests on this subject matter will not be responded to.

Should you have any further enquiries concerning this matter please do not hesitate to contact me quoting the above reference number.

Yours sincerely

James Cooper
Information Rights

Cambridgeshire Constabulary provides you the right to request an independent review of this response under its review procedure. If you require such a review you must notify us within two months from the date of this letter. After lodging a complaint with Cambridgeshire Constabulary if you are still dissatisfied with the decision you may make an application to the Information Commissioner. For information on how to make a complaint please visit their website at https://ico.org.uk/concerns/ or contact them on 0303 123 1113.