Allegations finalised 'Under Schedule 3 - investigated' (2%)

The request was refused by Merseyside Police.

Dear Merseyside Police,

Police complaints Statistics for England and Wales 2022/23
(Experimental statistics)

https://www.policeconduct.gov.uk/publica...

'Table 14: Means by which allegations were finalised in 2022/23'

reveals that:

58 allegations (2%) relating to Merseyside Police were finalised 'Under Schedule 3 - investigated'

'Table 16: Allegations finalised by investigation under Schedule 3 in 2022/23'

reveals that:

47 were 'Investigated (not subject to special procedures)'

and that:

11 were 'Investigated (subject to special procedures)'.

Please provide brief details of each of the 11 allegations in the latter category and the outcome of these investigations.

Yours faithfully,

J Roberts

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
internally and you will be advised of the location. Any related
communication must be direct to the identified location and not the FOI
e-mail address.

 

*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances delays may be
unavoidable. We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================*

Freedom Of Information, Merseyside Police

1 Attachment

Good Afternoon,

 

I write in connection with your FOI request for information, in which you
seek access to the following information:

 

Police Complaints

 

Following receipt of your request, enquiries were conducted within
Merseyside Police to locate information relevant to your request. The
information requested is held by Merseyside Police, however, to provide
the information requested in full would exceed the 18- hour time/cost
limit. The information is not held in a readily retrievable format and
would require a detailed manual review of a large volume of case files and
open-source research. This email therefore serves as a Refusal Notice.

 

Section 17, Freedom of Information Act, 2000, requires Merseyside Police,
when refusing to provide such information (because the information is
exempt) to provide you the applicant with a notice which:

(a) states that fact,

(b) specifies the exemption(s) in question and

(c) states (if that would not otherwise be apparent) why the exemption
applies.

 

Reason for Decision:

[1]Section 12(1) states that information need not be disclosed if the cost
of locating/retrieving that information exceeds the ‘appropriate level’ of
£450, or 18 hours based on a cost of £25 per hour. The majority of the
information requested has been disclosed.

 

Please see attached response table for full breakdown of exemptions used
in this case.

 

Kind regards,

Alex McCausland

Data Access Analyst

CJ Data Access

 

Complaint Rights

Your attention is drawn to the information following this response, which
details your rights of review and of complaint.

Making a complaint or appeal about your Freedom of Information response

We accept that sometimes you may not agree with the decision we’ve made
about your Freedom of Information request. If this is the case there is an
internal complaints procedure that should be followed.

You can make your internal review request by email to
[2][Merseyside Police request email] or in writing to:

 

Freedom of Information Team

Data Access Unit
Merseyside Police

PO BOX 59

LIVERPOOL

L69 1JD

 

It should detail:

What the original request was

The nature of the complaint

Why you feel you should have received more information

Your complaint will be fully investigated and will be dealt with by a
staff member who was not involved in the original decision. We will write
to you to advise the outcome of your complaint.

If you are dissatisfied with the results of your complaint you have the
right to appeal to the Information Commissioner. He can be contacted at:

 

The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow

Cheshire SK9 5AF

More information is available from the Information Commissioner's website

[3]http://www.ico.org.uk

 

 

 

 

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================*

References

Visible links
1. https://www.legislation.gov.uk/ukpga/200...
2. mailto:[Merseyside Police request email]
3. http://www.ico.org.uk/

Dear Merseyside Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Merseyside Police's handling of my FOI request 'Allegations finalised 'Under Schedule 3 - investigated' (2%)'.

I don't see how s12 can be engaged.

Consider this excellent response from Cleveland Police that concerned 16 and not 11 records:

https://www.whatdotheyknow.com/request/1...

Furthermore, table 18 of the IOPC report includes information which you provided relating to Schedule 3 allegations:

'Table 18: Nature of allegations finalised under Schedule 3 by how they were handled in 2022/23'

https://www.policeconduct.gov.uk/publica...

At the very least, you ought to have a record of the information you provided for Table 18. Ideally, I would like case summaries in the style provided by Cleveland Police.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...

Yours faithfully,

J Roberts

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
internally and you will be advised of the location. Any related
communication must be direct to the identified location and not the FOI
e-mail address.

 

*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances delays may be
unavoidable. We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================*

Freedom Of Information, Merseyside Police

Good Morning,

 

I acknowledge receipt of your email requesting that Merseyside Police
review the response to your request for information concerning FOI
application number AM 2023 1390, seeking information relating to police
complaints.

 

An internal review will be undertaken surrounding the FOI response - this
will be considered independently by a member of staff in the Information
Security Unit. The review will be conducted in accordance with the
Merseyside Police review procedure and every effort will be made to have a
response to you no later than the 06/12/2023 (20 working days from receipt
of internal review request, as advocated by the ICO). However, if it
becomes clear that the review will not be completed by this date you will
be contacted. The reference for your internal review is IR 2023 1532

 

Kind regards,

 

Alex McCausland
Data Access Analyst
Merseyside Police

P Please consider the environment - do you really need to print this
email?

For more information about the use and disclosure of personal data, see
our [1]privacy notice

 

 

 

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================*

References

Visible links
1. https://www.merseyside.police.uk/hyg/fpn...

Information Security, Merseyside Police

5 Attachments

Dear Mr Roberts, 

 

Further to your request for Merseyside Police to conduct an internal
review of your Freedom of Information request, I confirm that I have
completed my review. 

 

Upon careful consideration of your request, I have examined our systems
and processes, and I am confident that the application of this exemption
is justified. It is my view that the original response remains valid,
specific details of your request are as below. 

 

I appreciate, in your request for an internal review, you state you have
received data from another force. Unfortunately, as each force is
organised differently, there are occurrences where one force, or several,
may not be able to answer questions other forces can and vice versa. 

 

Your request:  

Police complaints Statistics for England and Wales 2022/23 
(Experimental statistics) 
 
[1]https://gbr01.safelinks.protection.outlo...
 
'Table 14: Means by which allegations were finalised in 2022/23' 
 
reveals that: 
 
58 allegations (2%) relating to Merseyside Police were finalised 'Under
Schedule 3 - investigated' 
 
'Table 16: Allegations finalised by investigation under Schedule 3 in
2022/23' 
 
reveals that: 
 
47 were 'Investigated (not subject to special procedures)' 
 
and that: 
 
11 were 'Investigated (subject to special procedures)'. 
 
Please provide brief details of each of the 11 allegations in the latter
category and the outcome of these investigations. 
 

Decision: 

 

Under the UK Freedom of Information Act (FOIA), there are specific
provisions that exempt an individual from accessing certain requested
data. 

 

According to Section 12 (2) of the FOIA, Merseyside Police is not required
to disclose information if it estimates that the cost of locating,
retrieving, and providing the requested information would exceed the
appropriate limit. This provision is designed to balance transparency with
the practical limitations of handling extensive or complex information
requests. 

 

Section 17, Freedom of Information Act, 2000, requires Merseyside Police,
when refusing to provide such information (because the information is
exempt) to provide you the applicant with a notice which: 

(a) states that fact, 

(b) specifies the exemption(s) in question and 

(c) states (if that would not otherwise be apparent) why the exemption
applies. 

 

Reason for Decision: 

 

Exempt under Section 12 – Exemption where cost of compliance exceeds
appropriate limit. 

[2]https://www.legislation.gov.uk/ukpga/200...

  

Complainant Rights: 

Should you be dissatisfied with my review you have a further right of
appeal to the Information Commissioner the contact details for whom are
below. 

The Office of the Information Commissioner 

Wycliffe House 

Water Lane 

Wilmslow 

Cheshire SK9 5AF 

More information is available from the Information Commissioner's website 

[3]https://ico.org.uk/ 

 

Yours Sincerely,

Phillip

Phillip Caddick (He/Him)
Information Security Officer
CSD Information Security

Email: [email address]
Website: [4]www.merseyside.police.uk

[5][IMG]    [6][IMG]    [7][IMG]    [8][IMG]   

P Please consider the environment - do you really need to print this
email?

For more information about the use and disclosure of personal data, see
our [9]privacy notice

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================*

References

Visible links
1. https://www.policeconduct.gov.uk/publica...
2. https://www.legislation.gov.uk/ukpga/200...
3. https://ico.org.uk/
4. http://www.merseyside.police.uk/
5. https://www.facebook.com/merseypolice
6. https://x.com/merseypolice
7. https://www.youtube.com/merseysidepolice
8. https://www.instagram.com/merseysidepolice
9. https://www.merseyside.police.uk/hyg/fpn...