Abuse and neglect in Wandsworth care home

The request was partially successful.

Sylvia Rushbrooke

Dear Metropolitan Police Service (MPS),
Re Wandsworth police - York Court care home Battersea owned by FSHC closed itself Dec 2015

Multiple residents were physicaly hurt at this care home some reported to the police - this home was under the Wandsworth LA serious service level investigation from June 2014 until after closure Dec 2015

1 Please can tell me how many residents were reported to the police as having physical harm done to them at this home between Sep 2013 when it opened to date?

2 How many suspected thefts were reported by relatives during the same period

3 The outcome of the serious service level investigatrion by the LA at this home that took place over 18 months 2014/2015 that was implemented due to concerns that constituted institutional abuse and neglect (as per another FOI)

4 How many charges were brought against staff at that home 2014/2015?

5 How many safeguardings matters were reported to the police re this home 2014/2015

Yours faithfully,

Sylvia Rushbrooke

Metropolitan Police Service (MPS)

Dear Ms Rushbrooke

Freedom of Information Request Reference No: 2017040000032

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 02/04/2017.  I note you seek
access to the following information:

"Re Wandsworth police - York Court care home Battersea owned by FSHC
closed itself Dec 2015

Multiple residents were physicaly hurt at this care home some reported to
the police - this home was under the Wandsworth LA serious service level
investigation from June 2014 until after closure Dec 2015

1 Please can tell me how many residents were reported to the police as
having  physical harm done to them at this home between Sep 2013 when it
opened to date?

2 How many suspected thefts were reported by relatives during the same
period

3 The outcome of the serious service level  investigatrion by the LA at
this home that took place over 18 months 2014/2015 that was implemented
due to concerns that constituted institutional abuse and neglect (as per
another FOI)

4 How many charges were brought against staff at that home 2014/2015?

5 How many safeguardings matters were reported to the police re this home
2014/2015"

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will receive a response within the
statutory timescale of 20 working days as defined by the Act.  

If you have any further enquiries concerning this matter, please contact
us at [email address] or on the phone at 0207 161 3500, quoting the
reference number above. Should your enquiry relate to the logging or
allocations process we will be able to assist you directly and where your
enquiry relates to other matters (such as the status of the request) we
will be able to pass on a message and/or advise you of the relevant
contact details.

Yours sincerely

R. Loizou
Support Officer - Freedom of Information Triage Team
 
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 the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner 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 website at www.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Ms Rushbrooke

Freedom of Information Request Reference No: 2017040000032

I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 02/04/2017.  I note
you seek access to the following information:

Re Wandsworth police - York Court care home Battersea owned by FSHC closed
itself Dec 2015 Multiple residents were physicaly hurt at this care home
some reported to the police - this home was under the Wandsworth LA
serious service level investigation from June 2014 until after closure Dec
2015

1 Please can tell me how many residents were reported to the police as
having  physical harm done to them at this home between Sep 2013 when it
opened to date?

2 How many suspected thefts were reported by relatives during the same
period

3 The outcome of the serious service level  investigatrion by the LA at
this home that took place over 18 months 2014/2015 that was implemented
due to concerns that constituted institutional abuse and neglect (as per
another FOI)

4 How many charges were brought against staff at that home 2014/2015?

5 How many safeguardings matters were reported to the police re this home
2014/2015

This is to inform you that the MPS are unable to proceed with your request
as we require further information from you.  

Regarding question 3

Please explain what you mean by outcome? The MPS could only provide
information regarding reports of crimes and any action taken regarding any
crimes.

After receiving your reply, your request will then be considered and you
will receive a response within the statutory timescale of 20 working days.

However, if the requested additional information has not been received by
30/05/2017 I will assume you no longer wish to proceed with this request
and will treat it as withdrawn.

Should you have any further enquiries concerning this matter, please
contact me on 020 7161 1566 or via email at [email address],
quoting the reference number above.

Yours sincerely,

Paul Mayger
Information Manager
 
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 the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner 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 website at www.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Sylvia Rushbrooke

Dear Metropolitan Police Service (MPS),
You have asked for clarity of question 3 as follows;
3 The outcome of the serious service level investigatrion by the LA at
this home that took place over 18 months 2014/2015 that was implemented
due to concerns that constituted institutional abuse and neglect (as per
another FOI)

Regarding question 3

Please explain what you mean by outcome? The MPS could only provide
information regarding reports of crimes and any action taken regarding any
crimes.

As we have been informed this was an investigation on York Court from June 2014 by the LA until at least closure that included multiple residents getting unknown caused injuries - and the police were involved re some injured resident - we believe the police would know the official final outcome, result, findings, status, and actions taken on those involved regarding the organisational abuse found/happened at York Court- the subject of that investigation undertaken by the authorities on this home that spanned over 18 months.
What was the result of that investigation as informed to the police who were also called to the home re multiple matters relating to residents that got harmed and had multiple belongings stolen from them and reported

Yours faithfully,

Sylvia Rushbrooke

Sylvia Rushbrooke

Dear Metropolitan Police Service (MPS),

I have no reposne to my request in spite of responding to your request for me to clarify 3 which I did -
Please advise why there is still a delay and the time allowed re my reuest has passed

Yours faithfully,

Sylvia Rushbrooke

Metropolitan Police Service (MPS)

Dear Ms Rushbrooke,

Thank you for your email. I am sorry that the MPS have not been able to respond within the 20 working day time frame. I have checked our system and can see that my colleague Paul Mayger is dealing with your request.

Paul, please would you give Ms Rushbrooke an update on her request?

Regards,

David.

show quoted sections

Metropolitan Police Service (MPS)

Dear Ms Rushbrooke

Freedom of Information Request Reference No: 2017040000032

I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 02/04/2017.  I note
you seek access to the following information:

Re Wandsworth police - York Court care home Battersea owned by FSHC closed
itself Dec 2015 Multiple residents were physicaly hurt at this care home
some reported to the police - this home was under the Wandsworth LA
serious service level investigation from June 2014 until after closure Dec
2015

1 Please can tell me how many residents were reported to the police as
having  physical harm done to them at this home between Sep 2013 when it
opened to date?

2 How many suspected thefts were reported by relatives during the same
period

3 The outcome of the serious service level  investigatrion by the LA at
this home that took place over 18 months 2014/2015 that was implemented
due to concerns that constituted institutional abuse and neglect (as per
another FOI)

4 How many charges were brought against staff at that home 2014/2015?

5 How many safeguardings matters were reported to the police re this home
2014/2015

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated.

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).

Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.  Please see the legal annex for further
information on this section of the Act.

For your information we are considering the following exemption(s):

Section 40 Personal Information

I can now advise you that the amended date for a response is 26/05/2017

I am awaiting some further information in relation to question 5. I am not
expecting this to take much longer and hope to send a response to you by
the end of this week.

May I apologise for any inconvenience caused.

Should you have any further enquiries concerning this matter, please
contact me on 020 7161 1566 or via email at [email address],
quoting the reference number above.

Yours sincerely

Paul Mayger
Information Manager

LEGAL ANNEX

Section 17(2) provides:

(2) Where-

a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.

 
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 the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner 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 website at www.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Sylvia Rushbrooke

Dear Metropolitan Police Service (MPS),
Thank you for the update

Yours faithfully,

Sylvia Rushbrooke

Sylvia Rushbrooke

Dear Metropolitan Police Service (MPS),
I made my request 2 April
It is now the 1 June
I understand 40 days is the norm re a response
Pleaee can you give an estimated time to expect a response to the actual request made 1 April

Yours faithfully,

Sylvia Rushbrooke

Metropolitan Police Service (MPS)

Dear Ms Rushbrooke,

Thank you for your email. I am sorry that the MPS have not been able to respond to your request within the 20 working day timeframe. I have checked our system and can see that your case has been allocated to Paul Mayger.

Paul, please would you give Ms Rushbrooke and update on her request?

Regards,

David.

show quoted sections

Sylvia Rushbrooke

Dear Metropolitan Police Service (MPS),

This request has been outstanding for some months please can I have an update - as it relates to a care home that closed itself due to organisational abuse and a long standing LA investigation into institutional abuse and negelct from at least June 2014 until Dec 2015 I would have thought the information requested would be readily accesible re this abusive care home bearing in mind that multiple residents got multiple unknown caused injuries
Please can you advise of the delays or refer to internal review

Yours faithfully,

Sylvia Rushbrooke

Metropolitan Police Service (MPS)

Dear Ms Rushbrooke

Freedom of Information Request Reference No: 2017040000032

I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 02/04/2017.  I note
you seek access to the following information:

* Re Wandsworth police - York Court care home Battersea owned by FSHC
closed itself Dec 2015 Multiple residents were physicaly hurt at this
care home some reported to the police - this home was under the
Wandsworth LA serious service level investigation from June 2014 until
after closure Dec 2015 1 Please can tell me how many residents were
reported to the police as having  physical harm done to them at this
home between Sep 2013 when it opened to date? 2 How many suspected
thefts were reported by relatives during the same period 3 The outcome
of the serious service level  investigatrion by the LA at this home
that took place over 18 months 2014/2015 that was implemented due to
concerns that constituted institutional abuse and neglect (as per
another FOI) 4 How many charges were brought against staff at that
home 2014/2015? 5 How many safeguardings matters were reported to the
police re this home 2014/2015

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated.

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).

Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.  Please see the legal annex for further
information on this section of the Act.

Section 30 Investigatioins
Section 40 Personal Information
I am awaiting final approval for a response to you. I have reminded the
relevant department that this FOIA is outstanding.
May I apologise for any inconvenience caused.
Should you have any further enquiries concerning this matter, please
contact me on 020 7161 1566 or via email at [email address],
quoting the reference number above.
Yours sincerely

Paul Mayger
Information Manager
LEGAL ANNEX

Section 17(2) provides:

(2) Where-

a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.

 
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 the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner 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 website at www.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

1 Attachment

Dear Ms Rushbrooke

Freedom of Information Request Reference No: 2017040000032

I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 02/04/2017.  I note
you seek access to the following information:

Re Wandsworth police - York Court care home Battersea owned by FSHC closed
itself Dec 2015 Multiple residents were physicaly hurt at this care home
some reported to the police - this home was under the Wandsworth LA
serious service level investigation from June 2014 until after closure Dec
2015

1 Please can tell me how many residents were reported to the police as
having  physical harm done to them at this home between Sep 2013 when it
opened to date?

2 How many suspected thefts were reported by relatives during the same
period

3 The outcome of the serious service level  investigatrion by the LA at
this home that took place over 18 months 2014/2015 that was implemented
due to concerns that         constituted institutional abuse and neglect
(as per another FOI)

4 How many charges were brought against staff at that home 2014/2015?

5 How many safeguardings matters were reported to the police re this home
2014/2015 .

SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at within the MPS.  The searches located information relevant to your
request.

DECISION

The MPS only discloses details of any investigation via the Directorate of
media and communication after much consideration of public interest.

1 Please can tell me how many residents were reported to the police as
having  physical harm done to them at this home between Sep 2013 when it
opened to date?

Please see the attached file titled 8314 Final FOIV2 Redacted under
Section 40 Personal information exemption and Section 30 Investigations.

2 How many suspected thefts were reported

Please see the attached file titled 8314 Final FOIV2 Redacted under
Section 40 Personal information exemption and Section 30 Investigations.

2b  How many suspected thefts were reported by relatives during the same
period

This is exempt under Section 40 and 30.

3 The outcome of the serious service level  investigatrion by the LA at
this home that took place over 18 months 2014/2015 that was implemented
due to concerns that         constituted institutional abuse and neglect
(as per another FOI)

There was no Police involvement in the York Court Provider Concerns
Enquiry or closure programme.

4 How many charges were brought against staff at that home 2014/2015?

None

5 How many safeguardings matters were reported to the police re this home
2014/2015 .

Three safeguarding matters were reported to the Police during the time
stated in your FOI request.

Regarding questions 1, 2a and 2b
Having located and considered the relevant information, I am afraid that I
am not required by statute to release any further information.
 
This email serves as a Refusal Notice under Section 17(1)(a)(b)(c) of the
Freedom of Information Act 2000 (the Act).
__________________
Before I explain the reasons for the decisions I have made in relation to
your request, I thought that it would be helpful if I outline the
parameters set out by the Act within which a request for information can
be answered.
The Act creates a statutory right of access to information held by public
authorities. A public authority in receipt of a request must, if
permitted, confirm if the requested information is held by that public
authority and, if so, then communicate that information to the applicant.
The right of access to information is not without exception and is subject
to a number of exemptions, which are designed to enable public authorities
to withhold information that is not suitable for release. Importantly, the
Act is designed to place information into the public domain, that is, once
access to information is granted to one person under the Act, it is then
considered public information and must be communicated to any individual
should a request be received.  
Under the Act, there are two types of exemptions that can be applied to
information considered unsuitable for public release. These exemptions are
referred to as absolute exemptions and qualified exemptions. When an
absolute exemption is applied to information, a public authority is not
required to consider whether release of that information is in the 'public
interest'. When a qualified exemption is applied to information, a public
authority must establish whether the 'public interest' lies in disclosing
or withholding the requested information. The public interest is
determined by conducting a 'Public Interest Test' (PIT).
Both absolute and qualified exemptions can be further divided into
class-based or prejudice-based exemptions. Class-based exemptions are
those in which it is assumed the disclosure of information would result in
harm. There is therefore no requirement to demonstrate what that harm may
be. Prejudiced-based exemptions are those where firstly, it is necessary
to establish the nature of the prejudice/harm that may result from
disclosure and secondly, to determine the likelihood of the prejudice
occurring.

show quoted sections

Sylvia Rushbrooke

Dear Metropolitan Police Service (MPS),
Thank you for the information
However to clarify -
I am unsure why certain information may have been withheld regarding public interest etc
I understand
- If there is a plausible suspicion of wrongdoing on the part of the public authority, this
may create a public interest in disclosure.
And even where this is not the case , there is a public interest in releasing information to provide a full picture
I belive the information requested is in the public interest as matters re care homes is very much in the interest of the public to provid a full picture of abuse neglect in care homes and how it is dealt with and persons made accuntable or responsible

Information requested was to try and ascertain how much involvement the police had in the matters of York Court that the LA were dealing with and supposedly investigaing institutional nglect an abuse from June 2014 until the home closed itself Dec 2015 and who if anyone was made responsible or accountable for the known abuse negelect that the LA CCG GP and others were aware of and may have failed to appropriatly inform the police or include the police
Some relatives are still in counselling re the impact the homes treament of residents had on them
Relatives it seems were also not included in the LA investigtion as witnesses that reported multiple serious issues to the LA CQC the home and the CCG - 56 complaints were made to the CQC inc 7 whistle blowing - 37 safeguardings were raised not including incidents that should have been and were not

Re Exemption 30 40
Is the information personal data, as defined in the DPA?

I do no believe I have asked for any personal data or anything that constitutes personal data

For data to constitute personal data, it must relate to a living individual, and that individual must be
identifiable. For data to constitute personal data, it must relate to a living individual, and that individual must be identifiable

Information requested would not identify any individuals - there were at least 60-70 residents at this care home - multiple relatives reported thefts to the home none can be identified from information requested

Please advise on the exempts and information specifically withheld

Yours faithfully,

Sylvia Rushbrooke

Metropolitan Police Service (MPS)

Dear Ms Rushbrooke

Freedom of Information Review Reference No: 2017060000865

I write in connection with your request for a review of the handling
and/or decision relating to  2017040000032 which was received by the
Metropolitan Police Service (MPS) on  21/06/2017.  

A review will now be conducted in accordance with the Code of Practice
issued under Section 45 of the Freedom of Information Act 2000 (the Act).
 The reviewing officer will reconsider the original request before
responding to you with their findings.

There is no statutory time limit in relation to the completion of an
Internal Review.  However, the MPS aim to complete Internal Reviews within
20 working days or in exceptional cases, within 40 working days.  This is
based upon guidance published by the Information Commissioner.

If it is not possible to complete the Internal Review within this
timescale you will be informed at the earliest opportunity.

If you are unhappy with the outcome of an Internal Review you may wish to
refer the matter to the Information Commissioner's Office (ICO).

For information on how to make an application to the Information
Commissioner please visit their website at www.ico.org.uk.  Alternatively,
write to or phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  0303 123 1113

Yours sincerely

R. Loizou
Support Officer - Freedom of Information Triage Team

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

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email. The MPS accepts no responsibility for unauthorised agreements
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Metropolitan Police Service (MPS)

Dear Ms Rushbrooke,
 
Just to let you know I have now passed this email to my colleague for
(internal review).
 
My colleagues will formally acknowledge your questions.
 
Regards,
 
Paul Mayger - Information Manager | Strategy & Insight | Strategy &
Governance | METHQ | Metropolitan Police Service
Telephone 0207 161 1566 | Email [email address]
Address: Information Rights Unit, PO Box 57192, London, SW6 1SF
 
Protective Marking:
Not Suitable for Publication
Recipients of this email should be aware that all communications within
and to and from the Metropolitan Police Service are subject to
consideration for release under the Data Protection Act, Freedom of
Information Act and Environmental Information Regulations. The MPS will
consider information for release unless there is are valid and
proportionate public interest reasons not to, therefore, sensitive
information not for public disclosure must be highlighted as such. Further
advice can be obtained from the Information Rights Unit - 020 7161 3500
(783500).
 
 
 
 
 
 
 
 

show quoted sections

Metropolitan Police Service (MPS)

Dear Ms Rushbrooke

Freedom of Information Review Reference No: 2017060000865

I am sorry that you are disappointed with the outcome of your request for
information.

Further to our earlier correspondence dated 21/06/2017, I am now able to
provide a response to your complaint concerning Freedom of Information Act
request reference number: 2017040000032.  

Background to your complaint:

This review concentrates on the following request that you submitted to
the Metropolitan Police Service (MPS) on 02/04/2017:

Re Wandsworth police - York Court care home Battersea owned by FSHC closed
itself Dec 2015 Multiple residents were physicaly hurt at this care home
some reported to the police - this home was under the Wandsworth LA
serious service level investigation from June 2014 until after closure Dec
2015

1 Please can tell me how many residents were reported to the police as
having  physical harm done to them at this home between Sep 2013 when it
opened to date?

2 How many suspected thefts were reported by relatives during the same
period

3 The outcome of the serious service level  investigatrion by the LA at
this home that took place over 18 months 2014/2015 that was implemented
due to concerns that         constituted institutional abuse and neglect
(as per another FOI)

4 How many charges were brought against staff at that home 2014/2015?

5 How many safeguardings matters were reported to the police re this home
2014/2015

On 02/05/2017, in respect of question 3: The outcome of the serious
service level  investigation by the LA at this home that took place over
18 months 2014/2015 that was implemented due to concerns that constituted
institutional abuse and neglect , we asked you to clarify what you meant
by 'outcome'. We advised you that we would only be able to provide
information regarding reports of crimes and any action regarding any
crimes.

On 06/05/2017, you responded as follows:
As we have been informed this was an investigation on York Court from June
2014 by the LA until at least closure that included multiple residents
getting unknown caused injuries - and the police were involved re some
injured resident  - we believe the police would know the official final
outcome, result,  findings, status, and actions taken on those involved
regarding the organisational abuse found/happened at York Court- the
subject of that investigation undertaken by the authorities on this home
that spanned over 18 months.
What was the result of that investigation as informed to the police who
were also called to the home re multiple matters relating to residents
that got harmed and had multiple belongings stolen from them and reported

On 17/06/2017, we provided you with a response to your request for
information. Some of the information requested was refused by virtue of
Sections 30 and 40 of the Freedom of Information Act (the Act).

Details of the investigation

As part of my review I have considered whether or not the application of
Section 30 and 40 exemptions was appropriate in this case.  To reach my
conclusion I have reviewed the information obtained by the Information
Manager (IM) with responsibility for your request and have also made my
own enquiries.

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to:
Uphold our original decision of a partial disclosure and to exempt the
remainder of information by virtue of exemptions Section 30 and 40 of the
Act

Reasons for affirming the use of Section 40
Section 40 is an absolute class based exemption.

A Freedom of Information Act request is not a private transaction. Both
the request itself, and any information disclosed, are considered suitable
for open publication. This is because, under the Act, any information
disclosed is released into the wider public domain, effectively to the
world, not just to an individual.

Section 40 (2) & (3) - Personal Information: Absolute Exemption/Class
Based

Under Section 40(2) and (3) of the Act, Public Authorities are able to
withhold information where its release would identify any living
individual and breach the principles of the Data Protection Act 1998
(DPA).

The exemption has been applied as full disclosure of the information you
have requested could identify living individuals linked to criminal
investigations. This constitutes personal data which would, if released,
would be in breach of the rights provided by the DPA.

The review takes note of your comment: I do not believe I have asked for
any personal data or anything that constitutes personal data

For data to constitute personal data, it must relate to a living
individual, and that individual must be identifiable. For data to
constitute personal data, it must relate to a living individual, and that
individual must be identifiable

Information requested would not identify any individuals - there were at
least 60-70 residents at this care home - multiple relatives reported
thefts to the home none can be identified from information requested

You have argued that the MPS cannot rely on Section 40 of the Act as
disclosure of the requested information could not lead to the
identification of individuals.

The Freedom of Information Act is designed to place information into the
public domain. Therefore, once access to information is granted to one
person under the Act, it is then considered to be public information and
must be communicated to any individual upon request.  In accordance with
this principle, the MPS adopts an applicant and motive blind approach when
responding to requests for information and routinely publishes information
disclosed under the Freedom of Information Act on the MPS Internet.
Therefore any information disclosed under FOIA is not just a disclosure to
the requestor but to the world.
The definition of 'personal data' is far wider than simply the name or
address of a living individual.   'Personal data' is defined in section
1(1) of the Data Protection Act as data that relates to a living
individual who can be identified from those data or from those data and
other information that is in the possession of, or likely to come into the
possession of, the data controller

The eight principles of the Data Protection Act 1998 (DPA) govern the way
in which data controllers must manage personal information. Principle one
of the DPA provides that personal data must be processed fairly and
lawfully. In view of this requirement, the MPS refused to provide you with
the requested information in full. You were not provided with the crime
reference numbers, the incident dates and the outcome decisions as the
disclosure of this information along with the information provided could
be used to identify victims, suspects and others linked to allegations of
crime. The information you have requested is considered by the MPS to be
personal information, the release of which would be unfair, constituting
unfair processing of personal data under principle one of the DPA.

Although there has been articles in the press concerning York Court, this
has not related to specific named individuals.  It would be unfair to
place this type of information into the public as those linked to these
allegations of crime would not reasonably expect the MPS to publish
information that would allow them to be identified.

Due regard has to be given to Condition one and six of Schedule 2 of the
DPA. Condition one of the DPA requires that consideration is given to
whether consent for disclosure has been given whilst Condition six
requires that consideration is given to whether disclosure would
constitute legitimate processing of that data. The MPS has found that as
no prior consent has been given to release this information and in the
case of legitimate processing, as the release and publication of this
personal data would be unexpected, that it is appropriate not to release
this information requested in full.

Reasons for claiming Exemption Section 30 - Investigations

The review takes note of your comments: I am unsure why certain
information may have been withheld regarding public interest etc I
understand
 - If there is a plausible suspicion of wrongdoing on the part of the
public authority, this may create a public interest in disclosure.
And even where this is not the case, there is a public interest in
releasing information to provide a full picture I believe the information
requested is in the public interest as matters re care homes is very much
in the interest of the public to provide a full picture of abuse neglect
in care homes and how it is dealt with and persons made accountable or
responsible'
 
Section 30(1)(a) of the Act allows an authority to exempt information
where it has, at any time, been held for the purpose of specified criminal
and other investigations or proceedings; and where it relates to the
obtaining of information from confidential sources and was obtained or
recorded for a number of specified investigations or proceedings.  

Section 30 of the Act provides:

(1) Information held by a public authority is exempt information if it has
at any time been held by the authority for the purpose of -
(a) any investigation which the public authority has a duty to conduct
with a view to it being ascertained -
(i) whether a person should be charged with an offence, or
(ii) whether a person charged with an offence is guilty of it

Held at any time

The Information Commissioner's Office (ICO) reminds public authorities
that 'Section 30(1) provides an exemption from the duty to disclose
information that a public authority has held at any time for certain
investigations or proceedings. As long as the other requirements of the
exemption are satisfied, the exemption will apply to information even if
it was not originally obtained or generated for one of those purposes and
it will continue to protect information even if it is no longer being used
for the specified investigation or proceeding. It is only necessary for
the information to have been held at some point for those purposes. The
exemption applies to information rather than documents so it is possible
that information contained in a document created after the conclusion of
an investigation or set of proceedings could still attract the exemption…'
Further reference to this guidance can be found by way of this link:

http://www.ico.org.uk/for_organisations/...

The review can advise that in this specific case Section 30(1)(a) of the
Act has been engaged as the information requested relates to
investigations, which the MPS has a duty to conduct with a view to it
being ascertained whether a person/s should be charged with an offence/s,
or whether a person/s charged with an offence/s is guilty of it. Where
this exemption is engaged, the public interest must favour the maintenance
of the exemption over disclosure of the information. Where the public
interest favours disclosure, the information in question should be
disclosed despite the exemption being engaged. As a class based exemption,
this means it is not necessary to identify some harm that may occur as a
result of disclosure in order to engage the exemption, however the ICO
reminds public authorities 'although you do not have to identify some
prejudice in order to engage the exemption, it will be an important factor
when applying the public interest test.'

The review is satisfied that, whilst release of the requested information
in full would reinforce the MPS commitment as an open and transparent
organisation, this has to be balanced against the harm that would be
caused by how victims or witnesses perceived how the MPS would treat any
information which formed part of any investigation, as mentioned in the
original response, 'During the course of any police investigation,
enquires are made to secure evidence. These enquires are made for the
duration of the case and are based upon proven methods as well as the
judgement and experience of the officer(s) in charge of the investigation.
The MPS is reliant upon these techniques to conduct its investigations and
the public release of the modus operandi employed during the course of
this investigation could prejudice the ability of the MPS to conduct
further, similar investigations. It is not in the public interest to
disclose information that may compromise the MPS's ability to complete any
future criminal investigations.'

In ICO Decision Notice FS50548394
https://ico.org.uk/media/action-weve-tak...
when considering the balance of the public interest, the Commissioner
believed that consideration should be given to protecting what is inherent
in those exemptions contained in section 30(1) - the effective
investigation and prosecution of crime - which required the following:

"        'the protection of witnesses and informers to ensure people are
not deterred from making statements or reports for fear it might be
publicised;
"        the maintenance of independence of the judicial and prosecution
processes;
"        preservation of the criminal court as the sole forum for
determining guilt;
"        allowing the investigating body space to determine the course of
an investigation; and
"        information that deals with specialist techniques.'

The ICO further advises when weighing up the public interest in relation
to this exemption the following factors (amongst others) should be
considered:
"        the stage or stages reached in any particular investigation or
criminal proceedings;
"        whether and to what extent the information has already been
released into the public domain;
"        the significance or sensitivity of the information; and
"        the age of the information.'

The review is satisfied that the case is not made out for the release of
the requested information in full and that the public interest has been
met by providing a partial disclosure of the information requested. The
review is satisfied that section 30(1)(a) Act is appropriately engaged.

Additionally, you have stated the following: Information requested was to
try and ascertain how much involvement the police had in the matters of
York Court that the LA were dealing with and supposedly investigating
institutional neglect an abuse from June 2014 until the home closed itself
Dec 2015 and who if anyone was made responsible or accountable for the
known abuse neglect that the LA CCG GP and others were aware of and may
have failed to appropriately inform the police or include the police Some
relatives are still in counselling re the impact the homes treatment of
residents had on them Relatives it seems were also not included in the LA
investigation as witnesses that reported multiple serious issues to the LA
CQC the home and the CCG - 56 complaints were made to the CQC inc 7
whistle blowing - 37  safeguarding's were raised not including incidents
that should have been and were not

May I draw your attention to the response provided to you in our response
dated 6/5/17: There was no Police involvement in the York Court Provider
Concerns Enquiry or closure programme.

Section 16 - Advice and Assistance

Following an unannounced comprehensive inspection of York Court Care Home
on 19 and 20/01/15, the Care Quality Commission published their findings
on 17/11/2015. This followed 'a number of meetings with the Local
Authority and the Local Clinical Commissioning Group to discuss concerns
about the service.' The findings can be found using the link below:

https://www.cqc.org.uk/sites/default/fil...

Conclusion:

All requests and internal reviews are dealt with on a case-by-case basis.
 The internal review is intended to provide a fair and thorough review of
handling issues and of decisions taken pursuant to the Act. It enables a
fresh decision to be taken on a reconsideration of all the factors
relevant to the request.  For this reason, as far as is practicable, FOIA
internal reviews within the MPS are conducted by individuals that have had
no connection with the initial handling of a request to facilitate a fresh
look at the circumstances of a request.  

I hope the explanation provided clarifies why on this occasion the MPS has
upheld the original response of relying on Section 30 and 40 exemptions
under the Act.

If you are dissatisfied with the outcome of this Internal Review you have
the right to appeal the decision by contacting the Information
Commissioner's Office (ICO) for a decision on whether the request for
information has been dealt with in accordance with the requirements of the
FOIA.

For information on how to make an application to the Information
Commissioner please visit their website at www.ico.org.uk.  Alternatively,
write to or phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  0303 123 1113

Yours sincerely

Yvette Taylor
Information Manager

LEGAL ANNEX

Section 1 (1) of the Act provides:

(1)Any person making a request for information to a public authority is
entitled-
(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him

LEGAL ANNEX

Section 1 (1) of the Act provides:
(1)Any person making a request for information to a public authority is
entitled-
(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him
Section 30(1) of the Act provides:

Section 30(1)(a) of the Act provides: Investigations
1) Information held by a public authority is exempt information if it has
at any time been held by the authority for the purposes of-
(a) any investigation which the public authority has a duty to conduct
with a view to it being ascertained (i) whether a person should be charged
with an offence, or (i) whether a person charged with an offence is guilty
of it
Section 40 of the Act provides.
(2)Any information to which a request for information relates is also
exempt information if-
(a) it constitutes personal data which do not fall within subsection (1),
and
(b) either the first or the second condition below is satisfied.
(3)The first condition is-
(a)in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the M1Data Protection
Act 1998, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene-
(i) any of the data protection principles, or
(ii)section 10 of that Act (right to prevent processing likely to cause
damage or distress), and
(b)in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the
M2Data Protection Act 1998 (which relate to manual data held by public
authorities) were disregarded.

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

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