Community Speedwatch

Richard Scott made this Freedom of Information request to Essex Police

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 partially successful.

Dear Essex Police,

Could you please supply a copy of any operating procedures/manuals which relate to the operation of community Speedwatch schemes you partner with in Essex.

Also, please supply copies of any correspondence sent to Harwich and District Community Speedwatch in the last 3 months.

Yours faithfully,

Richard Scott

Data FOI Essex,

1 Attachment

Thank you for your enquiry which has been logged under reference 12200. 

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

Strategic Change Directorate

E-Mail:[email address]

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

If you require further information or wish to submit a request, please
refer to the information found on the Commissioner’s website regarding
submission of effective requests
[4]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: [5][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 [6]https://ico.org.uk/

 

 

show quoted sections

Dear Data FOI Essex,

Any update on this request please - it's exceeded the 20 working day target response time.

Yours sincerely,

Richard Scott

Dear Essex Police,

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

I am writing to request an internal review of Essex Police's handling of my FOI request 'Community Speedwatch'.

The request was submitted on 7th October and I've not had any response whatsoever. It is now well past the target response date. Please advise when I will receive a full response to my request.

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,

Richard Scott

Data FOI Essex,

5 Attachments

Thank you for your enquiry and further request for an internal review.

 

Essex Police apologises that we have not been able to respond to your
request in a timely manner.  There is a substantial backlog in processing
Freedom of Information Requests and regrettably, one of the delayed
requests is your request.  Action has been taken to reduce the backlog and
improve the service from the unit.

 

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 Section 1(1)(b) is to disclose
information that has been confirmed as being held.  Where exemptions are
relied upon Section 17 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:

 

Could you please supply a copy of any operating procedures/manuals which
relate to the operation of community Speedwatch schemes you partner with
in Essex.

 

Also, please supply copies of any correspondence sent to  Harwich and
District Community Speedwatch in the last 3 months.

 

Essex Police has made enquiries within the force, however, Essex Police is
unable to comply with Section 1(1)(a) by virtue of exemption Section
12(2).

 

Section 12 of the FOIA states that a public authority is not obliged to:

 

1)    “…comply with a request for information if the authority estimates
that the cost of complying with the request would exceed the appropriate
limit.”

 

2)    Subsection (1) does not exempt the public authority from its
obligation to comply with paragraph (a) of Section 1(1) unless the
estimated cost of complying with that paragraph alone would exceed the
appropriate limit.

 

The following explanation outlines the difficulty Essex Police has in
answering your request:

 

The Community Speedwatch Team have advised that the Harwich District CSW
is a huge group and correspondence with this group occurs on a regular
basis.  It would exceed the time and cost limits under the act to identify
individual officers and search individual mailboxes to establish if
information is held in regard to this correspondence.

 

Consequently, and to this extent, Essex Police are exempt from the duty to
provide information you have requested under the provisions of Section
12(2) of the FOIA.

 

Therefore, and in accordance with Section 17(1) of the FOIA, this
communication must act as a refusal notice to provide all of the
information that could be interpreted as being captured by this part of
your request.

 

Having said that, and in an effort to assist, although excess cost removes
the force’s obligations under the FOIA, Essex Police can confirm the
following:

 

The Community Speed Watch Team are currently in the process of changing to
a new handbook, therefore, both the old and new versions have been
provided.

Section 16(1) of the FOIA provides that a public authority is required to
provide advice and assistance, Essex Police would suggest that you
consider refining your request to correspondences between particular
parties and perhaps a date range.

 

You may also find the below of interest:

 

Essex Police work with Essex Highways closely through the Safer Essex Road
Partnership (SERP).  SERP comprises Essex Police, Essex County Council,
Southend-On-Sea Borough Council, Thurrock Council, Essex Fire and Rescue
Services, Highways England and Essex and Hearts Air Ambulance Trust.  The
below link may be of interest to you:

 

[1]https://saferessexroads.org/

 

Thank you for your interest in Essex Police.

 

Kind regards

 

Information Rights Team

Information Management Department

Strategic Change Directorate

Direct Dial:  01245 452647

E-Mail:  [2][Essex Police request email]

[3]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
[4]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:  [5][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 [6]https://ico.org.uk/

 

 

 

show quoted sections