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Calls To Assist Private Corporations To Prevent Breach Of Peace

Stephanie Whitley made this Freedom of Information request to Cleveland Police

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Stephanie Whitley

Dear Cleveland Police,

Under the Freedom Of Information Act I request the following information/statistics.

Over the last 5 years the amount of requests the force has has received from TV Licensing/Capita to attend a property to assist with executing a search warrant/prevent a breach of the peace. If possible I would appreciate the total requests actually attended by officers or declined by the force and all broken down by year.

A copy of any guidance/policy/documents relating to assisting TV Licensing (or any private corporations including, but not limited to: Bailiffs, TVL, Councils etc) when attending a property to enforce a warrant, such as deployment criteria, role of impartiality at scene etc.

Over the same period broken down by year, the amount of incidents where the words TV Licence/TV Licensing or BBC are reported and the reason for report, i.e. harassment, assault etc.

Yours faithfully,

Stephanie Whitley

Freedom of Information, Cleveland Police

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References

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Freedom of Information, Cleveland Police

Enquiry Ref: 12341/2020

I acknowledge receipt of your request for information dated 1st November 2020 and received by this office on 2nd November 2020.

As set out by the Freedom of Information Act it will be our aim to respond to your request within 20 working days that is by 30th November 2020. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

Please note: 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.

Please note the ‘working day’ is defined as any day other than a Saturday, a Sunday, or a day which is a bank holiday in any part of the United Kingdom. The first reckonable day is the first working day after receipt.

If you have any questions regarding your request please contact this office.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

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“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

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Freedom of Information, Cleveland Police

Dear Ms Whitley,

Enquiry Ref: 12341/2020

I write in connection with your request for information dated 1st November 2020 and received by this office on 2nd November 2020. Below are the questions raised in your request and all of the information we have been able to retrieve.

1. Over the last 5 years the amount of requests the force has received from TV Licensing/Capita to attend a property to assist with executing a search warrant/prevent a breach of the peace. If possible I would appreciate the total requests actually attended by officers or declined by the force and all broken down by year.
2. A copy of any guidance/policy/documents relating to assisting TV Licensing (or any private corporations including, but not limited to: Bailiffs, TVL, Councils etc.) when attending a property to enforce a warrant, such as deployment criteria, role of impartiality at scene etc.
a) No information held, Cleveland police do not hold any of the above documents.
3. Over the same period broken down by year, the amount of incidents where the words TV Licence/TV Licensing or BBC are reported and the reason for report, i.e. harassment, assault etc.

We have looked at the content of your request and Cleveland Police would rely upon the following exemption in relation to question 1 and 3;

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

Following enquiries within the force regarding your request we have been advised that the information requested is not routinely recorded and would require, for question 1 a free text search using TV Licensing, Capita and for question 3 a search for incidents of harassment, assault etc. to identify if they are pertinent to your request and is estimated that this would take in excess of the appropriate time stipulated by the Secretary for Constitutional Affairs, Lord Falconer on the 18th Of October 2004, that is, eighteen hours. This falls under the exemption of 'Compliance exceeding the appropriate limit' covered by Section 12 (1) of the Freedom of Information Act 2000 and as such this work could not be undertaken.
Therefore, please treat this as a refusal notice under S17 of the Freedom of Information Act.
However as a gesture of goodwill, outside of the Freedom of information Act, we have supplied information, to answer question 2 which was retrieved or available before it was realised that the fees limit would be exceeded. I hope that this is of help to you and note that it does not affect our legal right to rely on the fees regulations for the remainder of your request.

Please note any statistical data supplied in relation to Freedom of Information requests is a snapshot of data held at the time the request was received by the Freedom of Information office and is subject to constant change/updates.

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

We have made every effort to ensure a response was provided within statutory deadlines, however due to current circumstances delays have been unavoidable. If your response was late we apologise for any inconvenience it may have caused. If we can be of any further assistance please do not hesitate to contact this office.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

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We don't know whether the most recent response to this request contains information or not – if you are Stephanie Whitley please sign in and let everyone know.