Austin Kelly - Was there Local Police Intelligence

The request was refused by Merseyside Police.

Dear Merseyside Police,

With regard to the case of Austin Kelly, convicted earlier in 2012 for abuse of children - reported in The Independent on 17th April [http://www.independent.co.uk/news/uk/cri...

1. Am I correct in assuming he had no previous convictions for this type of offence?
2. Was he barred from working with children by statute or court order?
3. Did Merseyside Police have any Local Police Intelligence that related to suggestions of such offence? If so, over what period?
4. Were the 9 children mentioned the only ones where abuse was suspected in this case?
5. Did he ask for other offences to be taken into account?
6. Were charges not proceeded with and if so for what reason(s)?
7. Did your Force ever provide any information about him to CRB in addition to any that might have been held on the National Computer?
8. Do you know whether the adults who were abused as children have been offered counselling?

Yours faithfully,

Jan Cosgrove

Merseyside Police

Dear applicant

Reference No : DM240/12


Thank you for your application for information concerning the Austin Kelly case. This will be dealt with under the terms of the Freedom of
Information Act 2000.

Your request will now be considered and you will receive a response within the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt nor containing a reference to a third party. In the event that we are not able to achieve this deadline you
will be informed at the earliest opportunity and given a revised time-scale.

There may be a fee payable for the retrieval, collation and provision of the information you have requested. If this is the case you will be
informed and the 20 working day timescale will be suspended until we receive payment from you.

Some requests may also require either full or partial transfer to another public authority in order to answer your query in the fullest possible
way. Again, you will be informed if this is the case.


Yours sincerely,

Mr D May
Disclosure Analyst
Information Bureau
Merseyside Police
PO Box 59, Liverpool. L69 1JD
Fax: 0151 777 7099
Email : [Merseyside Police request email]

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Merseyside Police

2 Attachments

Dear Ms Cosgrove

Response Letter - FOI Application DM240/12 (please quote in all
correspondence)

I write in connection with your request for information, which was received
by Merseyside Police on 12/11/2012, concerning:

With regard to the case of Austin Kelly, convicted earlier in 2012 for
abuse of children - reported in The Independent on 17th April

[http://www.independent.co.uk/news/uk/cri...

1. Am I correct in assuming he had no previous convictions for this
type of offence?

2. Was he barred from working with children by statute or court order?

3. Did Merseyside Police have any Local Police Intelligence that
related to suggestions of such offence? If so, over what period?

4. Were the 9 children mentioned the only ones where abuse was
suspected in this case?

5. Did he ask for other offences to be taken into account?

6. Were charges not proceeded with and if so for what reason(s)?

7. Did your Force ever provide any information about him to CRB in
addition to any that might have been held on the National Computer?

8. Do you know whether the adults who were abused as children have
been offered counselling?

I can confirm that Merseyside Police holds the information relating to your
request. Your request has been considered and I have today decided to:

i) Exempt the information relating to parts 1-7 of your request under
Sections 30(1)(a)(b)(c) and 40(2) of the Freedom Of Information Act; and
ii) Disclose the information relating to part 8 of your request

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:

Section 30 states that information held for the purposes of investigations
is exempt from disclosure.

Section 40 states that personal information is exempt from disclosure.

The information requested constitutes information held for the purposes of
a criminal investigation and the personal information of Austin Kelly.

This communication therefore serves as a Refusal Notice under the FOI Act.
Please find attached my full Response Table and also my Public Interest
Test, which provides further details as to why the specified exemptions
apply in this case.

(See attached file: DM240-12 Response Table.doc) (See attached
file: DM240-12 PIT.doc)

Complaint Rights

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

Should you have any further enquiries concerning this matter, please write
to or e-mail me at the below address, quoting the reference number above.

Yours sincerely

Mr D May
Disclosure Analyst
Information Access Unit
Information Bureau
Merseyside Police
PO BOX 59
LIVERPOOL L69 1JD
Tel: 0151 777 7021
Fax: 0151 777 7099
E-mail: [Merseyside Police request email]

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 should make your complaint in writing to:

Information Access Unit

Information Bureau

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

http://www.ico.gov.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.
============================================================