Civil claims made by, and against, NYPCC and Chief Constable of North Yorkshire Police

Neil Wilby made this Freedom of Information request to North Yorkshire Police, Fire and Crime Commissioner

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear North Yorkshire Police and Crime Commissioner,

Please provide a schedule of civil claims in which either the PCC, or chief constable of North Yorkshire, was claimant, or defendant, AND a senior officer employed by either the PCC, or the force, was either claimant, or defendant. By senior, we set a salary per annum threshold of not below £69,999 and had 'chief' in their rank, job title.

Put another way, where the PCC or force has sued one of its own senior officers, or vice versa.

Such schedule to encompass dates between 1st April, 2012 and the date upon which this request is acknowledged.

It should set out, date claim form issued, rank/job title of officer, type of proceedings, name of court at which proceedings issued, court file reference, amount claimed, track allocated, date of hearing (or date claim settled).

For the benefit of the wider world, the request has been framed this way, directed at the PCC, as a result of both the PCC's office, and the force, sharing resource under the Joint Corporate Services umbrella, the officers of whom are employees of the PCC. In some cases, seconded as contractors to the force.

Yours faithfully,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Thank you very much for your email.

 

This is an automated response to confirm receipt of your email, you will
receive this email each time you contact my office. 

 

While I have not yet had the chance to read your message, I wanted you to
know it has been safely received and will be acted on.

 

I receive a very high volume of correspondence and telephone calls each
day, dealing with them in the order in which they are received.

 

I aim to respond to all correspondence as quickly as possible and do
appreciate your patience. Please feel free to call the office on 01423 569
562 if you would like an update.

 

There are strict constituency protocols that Police and Crime
Commissioners must follow, one of these states that Commissioners should
only help people from their own constituency. With this in mind it
important that you include your full name, address and contact details. If
you have not, please resend your email with this information.

 

Newsletter
I send out a newsletter to update constituents on what I am doing as a
Police and Crime Commissioner. If you would like to receive my newsletter,
please sign up at: [1]http://eepurl.com/_vz89

 

Julia Mulligan

Police and Crime Commissioner for North Yorkshire

12 Granby Road, Harrogate, HG1 4ST

 

Website: [2]www.northyorkshire-pcc.gov.uk

Twitter: [3]https://twitter.com/northyorkspcc

Facebook: [4]https://www.facebook.com/northyorkspcc/

Instagram: [5]https://www.instagram.com/northyorkspcc/

YouTube: [6]https://www.youtube.com/nypcc

References

Visible links
1. http://eepurl.com/_vz89
2. http://www.northyorkshire-pcc.gov.uk/
3. https://twitter.com/northyorkspcc
4. https://www.facebook.com/northyorkspcc/
5. https://www.instagram.com/northyorkspcc/
6. https://www.youtube.com/nypcc

Dear North Yorkshire Police and Crime Commissioner (NYPCC),

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

I am writing to request an internal review of NYPCC's handling of my FOI request 'Change of chief constable, 2018'.

The grounds for complaint are:

1. Section 10 of the Act requires a response to an information request PROMPTLY and, in any event within 20 working days.

2. Section 17 of the Act requires a refusal notice to be served within 20 working days, if a public authority seeks to rely on any exemption in order not to disclose the requested information.

3. NYPCC is plainly in breach of both s10 and s17 and is invited to remedy the matters, as a matter of urgency.

4. It is noted that other information requests to NYPCC that were made on the same day as the instant request, or later, have been finalised. A reasonable inference being that this requester - well known to the senior management team within NYPCC - is being discriminated against. This is the second internal review request to NYPCC that has been made today by me.

5. The instant request is tightly drawn and would require comparatively little effort to facilitate disclosure. I have also, since, refined the request to ease the burden further.

6. As part of the internal review it is requested that NYPCC disclose to the wider world all internal and external email and/or letter correspondence relating to the fulfilment of this request. Up to, and including, the date of the disposal of the internal review. It is most respectully requested that this is NOT be viewed as an opportunity to delay the disclosure requested initially.

7. As a journalist, I am more acutely aware than most of the pressure on the Civil Disclosure Unit. I am not unsympathetic, and try to assist, wherever I can, in reducing burden and conducting correspondence between us professionally, and cordially, as far as possible.

8. But it must be recognised, by NYPCC, that there is also a considerable burden being placed on me, by way of every information request requiring the drafting of an internal review request. All I ask is that I am treated fairly and my requests, which, invariably, and as you very probably know, have a serious and wider purpose, be taken at their face.

9. Nevertheless, I remain grateful for the disclosures that are made to me, following information requests to NYPCC, one of my four local policing bodies, and, also, for the courteous manner in which the requests are always dealt with.

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

Yours faithfully,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Fryar, Liz,

1 Attachment

Good afternoon,

 

Please see attached response to your request for information
(726.2018-19),

 

Kind Regards

 

Liz

 

Liz Fryar

Collar Number 4437

Legal Officer – Civil Disclosure

Joint Corporate Legal Services

North Yorkshire Police

 

Dial 101, press option 2 and ask for me by my full name or collar number.
If using my collar number please state each number individually.

 

[1]www.northyorkshire.police.uk

 

Committed to the Code of Ethics

 

THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL
PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT
ASKING JOINT CORPORATE LEGAL SERVICES

 

show quoted sections

 

References

Visible links
1. http://www.northyorkshire.police.uk/

Dear North Yorkshire Police and Crime Commissioner (NYPCC),

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

I am writing to request an internal review of North Yorkshire Police and Crime Commissioner's handling of my FOI request 'Civil claims made by, and against, NYPCC and Chief Constable of North Yorkshire Police'.

These are the grounds for complaint:

1. The 'information not held' finalisation is challenged on the basis that I am given to understand, from normally reliable sources, that there are at least two such claims.

2. An internal review should, therefore, be conducted by a person independent of, and more senior to, the disclosure officer finalising the instant request.

3. The review should disclose the type of searches undertaken and the business areas contacted regarding the requested disclosure.

4. The review should also concern itself with how, and why, both section 10 and 17 of the Act were breached. This should be measured in the light of undertakings given by both NYPCC's chief executive, and the PCC herself, in public, at a PCP meeting in November, 2017.

5. The review should also concern itself with the regrettable history of the PCC, and her chief executive, in providing misleading responses to public questions, and those raised by public officials charged to hold her (and him) to account.

6. The review should disclose the internal correspondence concerning the finalisation of the request. Which will shed light to the wider world regarding paras 3, 4 and 5 above.

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

Yours faithfully,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Dear North Yorkshire Police and Crime Commissioner,

Having received no response to the internal review request made on 1st November, 2018, a section 50 complaint has been lodged with the Information Commissioner.

Yours faithfully,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

PFCC, North Yorkshire Police, Fire and Crime Commissioner

Thank you very much for your email.
 
This is an automated response to confirm receipt of your email, you will
receive this email each time you contact my office.
 
While I have not yet had the chance to read your message, I wanted you to
know it has been safely received and will be acted on.
 
We receive a very high volume of correspondence and telephone calls each
day, dealing with them in the order in which they are received.
 
We aim to respond to all correspondence as quickly as possible and do
appreciate your patience. Please feel free to call the office on 01423 569
562 if you would like an update.
 
There are strict constituency protocols that Police, Fire and Crime
Commissioners must follow, one of these states that Commissioners should
only help people from their own constituency. With this in mind it
important that you include your full name, address and contact details. If
you have not, please resend your email with this information.
 
Newsletter
I send out a newsletter to update constituents on what I am doing as a
Police, Fire and Crime Commissioner. If you would like to receive my
newsletter, please sign up at: http://eepurl.com/_vz89
 
Julia Mulligan
North Yorkshire Police, Fire and Crime Commissioner
12 Granby Road, Harrogate, HG1 4ST
 
Website: www.northyorkshire-pfcc.gov.uk
Twitter: https://twitter.com/northyorkspfcc
Facebook: https://www.facebook.com/northyorkspfcc/
Instagram: https://www.instagram.com/northyorkspcc/
YouTube: https://www.youtube.com/nypcc

Ward, Katie (Lawyer),

1 Attachment

Good afternoon

 

Please find attached response to your internal review.

 

Kind Regards

 

Katie Ward

Collar Number 3820

Police Lawyer (Civil Disclosure)

Joint Corporate Legal Services

North Yorkshire Police HQ

Alverton Court

Crosby Road

Northallerton

North Yorkshire

DL6 1BF

 

DX 68810 Northallerton 2

 

Direct Dial Office 01609 643526

Fax 01609 642622

 

Dial 101, press option 2 and ask for me by my full name or collar number.
If using my collar number please state each number individually.

 

[1]www.northyorkshire.police.uk

 

Committed to the Code of Ethics

 

THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL
PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT
ASKING JOINT CORPORATE LEGAL SERVICES

 

 

show quoted sections

 

References

Visible links
1. http://www.northyorkshire.police.uk/

Fryar, Liz,

2 Attachments

Good afternoon,

 

Please see attached response to your request for information
(1053.2018-19),

 

Kind Regards

 

Liz

 

Liz Fryar

Collar Number 4437

Legal Officer – Civil Disclosure

Joint Corporate Legal Services

North Yorkshire Police

 

Dial 101, press option 2 and ask for me by my full name or collar number.
If using my collar number please state each number individually.

 

[1]www.northyorkshire.police.uk

 

Committed to the Code of Ethics

 

THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL
PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT
ASKING JOINT CORPORATE LEGAL SERVICES

 

show quoted sections

 

References

Visible links
1. http://www.northyorkshire.police.uk/

Wayne Leigthon left an annotation ()

Dear Neil,

You may find this FOI Request interesting.

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

NYP have change their defence twice and now written 3 defences, changing their arguments significantly. First unlawfully accessing personal data to include in their defence which was struck out as an abuse of process by York County Court. Secondly claiming powers of arrest, then when confronted with the provisions of section 28(1), 28(3) and 30 of PACE Act 1984 claimed no arrests took place, just powers of detainment.

Estimated wasted of Counsel deployed by Sergeants Inn and Solicitors Weightmans costs 15k+.

Trial set for April, however a strike out application is set to be heard in March seeking summary judgment against an alleged hopeless and contradictory defence

Jean James left an annotation ()

Julia Mulligan is under investigation. House of Lords has no confidence in her to do her job.

Edward Williams left an annotation ()

would like to know the trial date. It's always interesting watching police in civil courts where the playing field is even, unlike the joke mags' court.

Neil Wilby left an annotation ()

If available, I would make every attempt to attend the trial. Early notification of the claim reference and listed date would assist. Thanks

Fiona Waugh left an annotation ()

Very interesting. NYP seem to be unaccountable for their actions and deem to be obstruction any corrospondence.
Have anyone managed to take them to task?