Compensation

Mr S D Harmon 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 refused by Essex Police.

Dear Essex Police,

Please provide all information you hold to date, as to the following:

1. Complaints against Essex Police that have involved the direct/indirect payment of compensation, settlements (in and out of court) or any other such payment that is similar in nature.

a. Date of when the complaint was received, date of when the complaint was fully settled, and all other pertinent dates in between.
b. The total sum of compensation for the complaint
c. Details as to the payment (intial offer accepted, intial offer refused, court imposed amount etc.)
d. Category of complaint (eg unlawful arrest, assault, battery, violation of data protection, violation of legal professional privilege etc.)

Yours faithfully,

Mr S D Harmon

Data FOI Essex,

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

 

Jessica Casey

Information Officer

Data Protection & Freedom of Information

Information Management

Continuous Improvement

Essex Police Headquarters

External Tel: 101 ext 150030

E-Mail:[email address]

Fax: 01245 452256 (int: 150045)

Non Emergency Telephone Number: 101 

 

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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 'Compensation'.

You have breached the statutory deadline for providing a response.

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,

Mr S D Harmon

Dear Essex Police,

Could you please confirm the current status of the internal review, and when I can expect to receive any reply?

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,

Mr S D Harmon

Kerry Nicholson 42006441,

2 Attachments

Please accept our apologies in regard to the delay in responding to your
original request and to your further complaint. This unit has had a
substantial increase in FOI requests which has resulted in a delay to the
service provided from this unit.

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:

1. Complaints against Essex Police that have involved the direct/indirect
payment of compensation, settlements (in and out of court) or any other
such payment that is similar in nature.

 

a. Date of when the complaint was received, date of when the complaint was
fully settled, and all other pertinent dates in between.

b. The total sum of compensation for the complaint c. Details as to the
payment (intial offer accepted, intial offer refused, court imposed amount
etc.) d. Category of complaint (eg unlawful arrest, assault, battery,
violation of data protection, violation of legal professional privilege
etc.)

 

In respect of Sec 1(1)(a), Essex Police does hold information relating
to your request however the obligation of Sec 1(1)(b) cannot be met as
Essex Police does not hold all the information requested in a format that
allows it to be retrieved within the time and cost limits of FOI.

 

When responding to a request for information under the terms of the
Freedom of Information Act, a public authority is not obliged to provide
information if the authority estimates that the cost of the retrieval of
the information requested would be in excess of £450 (equivalent to 18
hours work). The costs criteria relates to a request in its entirety,
which means that if we cannot retrieve all of the information requested
within the costs limit, we are not obliged to retrieve any of the
information requested.

 

 Section 12(1) of the Freedom of Information Act states that a public
authority is not obliged to:

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

 

We have difficulty in answering your request as Essex Police does not hold
all the information requested  in a readily accessible format with the
level of detail required. To provide the level of detail required would
require the manual review of each complaint and collation and creation of
data. Consequently, and to this extent, Essex Police are exempt from the
duty to provide information you have requested under the provisions of
section 12(1) of the FOI Act. Therefore, and in accordance with section
17(1) of the Act, 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.

 

To provide some explanation, and to meet our duty to assist under Section
16 of the FOI , Essex Police can provide details regarding the number of
civil claims and damages paid under Employers Liability Claims and Public
Liability claims from the year 2012 to 2017 and the number of Property
Damage (buildings) claims brought under Section 7 Compensation for where
forced entry for search has been made. Please advise and we can provide
limited detail.

 

Legal and Insurance Costs – Insurance claims damages to paid to claimants
are also detailed on the PFCC site
[1]http://www.essex.pfcc.police.uk/finance/... which may
assist.

 

 

Thank you for your interest in Essex Police.

 

 

Information Rights Team

Information Management Department

Strategic Change Directorate

Direct Dial 01245 452647

Internal extension – 150030

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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/

 

 

 

 

 

 

 

 

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