Dear Essex Police,

Please could you provide me with an up to date fleet list of the following information about the force's ARV's. I understand there are potential security implications so the information is vague and only relating to marked vehicles.

Make of the vehicle
Model of the vehicle
Where the vehicle is based (Understand if this is not possible)
Vehicle roof code if any (Understand if this is not possible)
Vehicle registration (Understand if this is not possible)

Yours faithfully,

James Stevens

Info Rights Freedom Essex, Essex Police

1 Attachment

Thank you for your enquiry which has been logged under the above
reference.

Under the Freedom of Information Act we are required to reply within 20
working days. The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit. However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at s14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests. Further
information can be found on the Commissioner’s website at
[1]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[2]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Kind regards,

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [3][Essex Police request email]

 

[4]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[5]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [6][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [7]https://ico.org.uk/

 

 

show quoted sections

Info Rights Freedom Essex, Essex Police

3 Attachments

Thank you for your enquiry which has been logged under the above
reference.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at
Sec1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Sec1(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 otherwise be apparent) why the exemption applies.

In respect of your enquiry:

Please could you provide me with an up to date fleet list of the following
information about the force's ARV's. I understand there are potential
security implications so the information is vague and only relating to
marked vehicles.

 

Make of the vehicle

Model of the vehicle

Where the vehicle is based (Understand if this is not possible) Vehicle
roof code if any  (Understand if this is not possible) Vehicle
registration (Understand if this is not possible)

 

Having completed enquiries within Essex Police and in respect of Section
1(1)(a), Essex Police does hold information relating to your request.
Under Section 1(1)(b) the attached has been provided in relation to your
FOI submission.

 

The data is in respect of marked police vehicles for the Essex Police
Roads Policing Unit .

 

The attached information is information that can be retrieved within the
cost limits set under the FOI act  - Essex Police is unable to provide
Roof IDs of the vehicles as Essex Police does not hold a central
database, but we can provide details of the make model, vehicle
registration of the vehicles. The location of the vehicle has not been
included, vehicles will be based at different locations as operationally
required.

 

No further details in respect of unmarked or covert vehicles will be
provided by virtue of Section 24 National Security and Section 31 (1) Law
Enforcement

 

Essex Police neither confirms nor denies that it holds any other
information relevant to the types of vehicles and call signs by virtue of
the following exemptions

 

·         S24(2) National Security;

·         S31(1) Law Enforcement.

 

Sections 24 and 31 are prejudice based qualified exemptions and there is a
requirement to articulate the harm that would be caused in confirming or
denying that the information is held as well as carrying out a public
interest test. 

Overall harm for the NCND

To disclose details of vehicles and where they are based could
subsequently harm the ability of the police service to protect the public
it serves and could prejudice its ability to perform core functions. Any
release under the Freedom of Information Act is a disclosure to the world,
not just to the individual making the request.  To confirm or not that any
other information is held pertinent to this request would undermine the
security of the national infrastructure.

 

Factors favouring confirming or denying for Section 24

The information simply relates to national security and disclosure would
not actually harm it. The public are entitled to know how public funds are
spent and by disclosing this information the public would be able to see
where public money is being spent.

In the current financial climate of cuts and with the call for
transparency of public spending this would enable improved public debate.

 

Factors against confirming or denying for Section 24

 Security measures are put in place to protect the community that we
serve.  As evidenced within the harm to confirm whether any other
information is held pertinent to this request would highlight to
terrorists and individuals intent on carrying out criminal activity who
and what information is shared with other forces, commercial businesses
and law enforcement agencies.

 

Taking into account the current security climate within the United
Kingdom, no information (such as the citing of an exemption which confirms
any other information pertinent to this request is held, or conversely,
stating ‘no information held’) which may aid a terrorist should be
disclosed.  To what extent this information may aid a terrorist is
unknown, but it is clear that it will have an impact on a force’s ability
to monitor terrorist activity.

 

Irrespectively of what other information is or isn’t held, the public
entrust the Police Service to make appropriate decisions with regard to
their safety and protection and the only way of reducing risk is to be
cautious with what is placed into the public domain.

 

The cumulative effect of terrorists gathering information from various
sources would be even more impactive when linked to other information
gathered about terrorism.  The more information disclosed over time will
give a more detailed account of the tactical infrastructure of not only a
force area but also the country as a whole. Any incident that results from
such a disclosure would by default affect National Security.

 

Section 31 – Law Enforcement

Factors favouring complying with Section 1(1)(a) confirming that
information is held

Confirming or denying that any information exists relevant to this request
would lead to a better informed public Confirmation that information
exists relevant to this request would lead to a better informed public
which demonstrates complete openness and transparency.

 

Factors against complying with Section 1(1)(a) neither confirming nor
denying that information is held

The Police Service will never disclose information which could identify
investigative activity and therefore undermine their investigations.  To
do so would hinder the prevention or detection of crime.

 

Balancing Test    

The points above highlight the merits of confirming or denying the
requested information exists. The Police Service is charged with enforcing
the law, preventing and detecting crime and protecting the communities we
serve. As part of that policing purpose, information is gathered which can
be highly sensitive relating to high profile investigative activity.   

Weakening the mechanisms used to monitor any type of criminal activity,
and specifically terrorist activity would place the security of the
country at an increased level of danger. 

 

In addition, any disclosure by Essex Police that places the security of
the country at risk, no matter how generic, would undermine any trust or
confidence individuals have in us, therefore, at this moment in time it is
our opinion that for these issues the balance test favours neither
confirming nor denying that any other information is held.

 

No inference can be drawn from this refusal that information is or isn’t
held.

 

Thank you for your interest in Essex Police

Kind regards

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[1][Essex Police request email]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[2]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[3]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [4][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [5]https://ico.org.uk/

 

 

 

 

From: Info Rights Freedom Essex
Sent: 20 April 2020 09:00
To: James Stevens <[6][FOI #659775 email]>
Subject: FOI 14384 - EP's List Of Armed Response Vehicles (ARV's)

 

Thank you for your enquiry which has been logged under the above
reference.

Under the Freedom of Information Act we are required to reply within 20
working days. The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit. However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at s14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests. Further
information can be found on the Commissioner’s website at
[7]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[8]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Kind regards,

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [9][Essex Police request email]

 

[10]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[11]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [12][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [13]https://ico.org.uk/

 

 

show quoted sections