Dear Mr James, Gloucestershire Constabulary Freedom of Information request 2015.811
On the 09/11/2015 you sent an email constituting a request under the Freedom of
Information Act asking the following:
referring to the following video concerning an officer of your force: https://youtu.be/cpP6tRqLaM8?list=PLYN2tk1G4O2D6JPuL_JqlJV9LbP9b98KU
1. Has this seargent undergone any recorded psychological evaluation of his outrageous
and unlawful behavior in stealing a camera from a member of the public.
2. Has he also been recorded as being disciplined for misfeasance in a public office for the
lies he told.
Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public
authorities. Unless exemptions apply, the first duty at s1 (1)(a) is to confirm or deny whether
the information specified in a request is held. The second duty at s1 (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 be apparent) why the
Gloucestershire Constabulary can neither confirm nor deny that it holds the information you
requested, as the duty in s1 (1)(a) of the Freedom of Information Act 2000 does not apply.
To give a statement of the reasons why neither confirming nor denying is appropriate in this
case would itself involve disclosure of exempt information, therefore under section 17(4), no
explanation can be given. To the extent that Section 40(5) Personal Information applies,
Gloucestershire Constabulary has determined that in all the circumstances of this request
the public interest in maintaining the exclusion of the duty to neither confirm nor deny
outweighs the public interest in confirming whether or not the information is held.
Please be aware that information released under the Freedom of Information Act should be
considered a release in the widest sense, i.e. to the World, and the release of this
information, including either confirming or denying whether or not it is held would breach the
Data Protection Principles, namely the first principle which requires that personal information
be processed fairly and lawfully. This acts as a refusal notice for this part of your request.
I can confirm that the Constabulary holds some relevant information. The Constabulary
released the following press statement on 27/03/2014: “A full misconduct investigation has now been completed and the complaint against this
officer has been upheld.
“A written warning has been given to the officer and we apologise unreservedly to the
member of the public for the way they were treated.
“Al officers sign an oath to serve the public with respect to all people and while we believe
our staff uphold this in the vast majority of incidents clearly in this case the standard of
behaviour fell short of what is expected.
“The officer was removed from frontline duties at the start of the internal investigation and
wil now be subject to a personal development plan to ensure this doesn't happen again.”
If you are not satisfied with this response or any actions taken in dealing with your request,
you have the right to ask that we review your case under our internal procedure. Please
note that a request for an internal review must be made within 20 working days of the
response to your original request.
If you decide to request that such a review is undertaken and following this process you are
stil unsatisfied, you then have the right to direct your complaint to the Information
Commissioner for consideration.
Mrs G Macpherson