Dear Sir / Madam

Freedom of Information Request Reference No:2017070000970

I write in connection with your request for information which was received
by Metropolitan Police Service (MPS) on 26/07/2017.

DECISION

I have decided that, in accordance with Section 8 of the Freedom of
Information Act 2000 (the Act), your enquiry is not considered a valid
request.

REASON FOR DECISION

A request under the Act is required by statute to include your name and an
address for correspondence.  As you have not provided your full name, I
have decided that the requirement outlined by Section 8(1)(b) has not been
met.

NB: Please see the below guidance and examples of valid names under the
Freedom of Information Act 2000 (the Act):

According to ICO guidance:

The use of the phrase "the name of the applicant" in section 8(1)(b)
indicates that the real name of the applicant should be used when
requesting information and not any other name, for example, a pseudonym.
Although one of the underlying principles of the FOIA is that the identity
of the applicant is not taken into account, it can be relevant in certain
circumstances. For example, when:
 a public authority has good reason to believe a requester is using a
pseudonym to shield his/her identity in order to avoid the possibility of
the request being considered as vexatious or repeated;

Therefore, we are of the view that it was the intention of the legislation
that an applicant should provide their real name so that the request can
be processed in accordance with the requirements of the FOIA.

The definition of "applicant" in section 84 of the FOIA adds weight to
this as the phrase in section 8(1)(b) should be read as " the name of the
person making the request". This also suggests that the use of a false or
fictitious name is not acceptable. Therefore, where a public authority
receives a request from a person using an obvious pseudonym, there is no
obligation to comply with the request; nor would it fall within the
jurisdiction of the Information Commissioner. If a public authority
chooses not to comply with the request it should, in keeping with its duty
under section 16, advise the applicant that the FOIA requires their real
name to be provided.

What constitutes a real name?
We consider that a relatively informal approach is also appropriate in
this context. Therefore, title and/or first name with surname satisfies
the requirement for provision of a real name, as does the use by a female
applicant of her maiden name. The prime consideration is whether enough of
a person's full name has been provided to give a reasonable indication of
that person's identity.

Example:
Mr Arthur Thomas Roberts could satisfy section 8(1)(b) of the FOIA by
stating his name in a request for information as "Arthur Roberts", "A. T.
Roberts", or "Mr Roberts", but not by stating his name as "Arthur" or
"A.T.R."

In the case of a company, it is not necessary to provide the full
registered name. It will be acceptable to provide another name which
exists as a real entity, such as a trading name. Similarly, a sole trader
could provide his or her real name or trading name.
In most cases, it will be reasonable for a real name to comprise a name by
which the person making the request is widely known and/or is regularly
used by that person and which is not an obvious pseudonym or fictitious
name.

In order for the MPS to proceed with your request you are required to
provide the information outlined above.  If for any reason you are unable
to do so, please contact me for assistance or seek assistance from any
other available source.

We will consider your resubmitted request upon receipt as long as it meets
the requirements stated above. You will receive a response within the
statutory timescale of 20 working days as defined by the Act.

Should you have any further enquiries concerning this matter, please
contact us at [email address] quoting the reference number above.

Yours sincerely

R. Loizou
Support Officer - Freedom of Information Triage Team
 
LEGAL ANNEX

Section 8(1) of the Act provides:

(1)         In this Act any reference to a "request for information" is a
reference to such a request which-

(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.

(2)        For the purposes of subsection (1)(a), a request is to be
treated as made in writing where the text of the request-

(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.

 
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Dear Ms Boucher

Freedom of Information Request Reference No: 2017070001027

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 27/07/2017.  I note you seek
access to the following information:

"I would like to know the protocol and documentation of complaints against
staff. Specifically, how complaints are recorded, and what training staff
are given to deal with complaints.

I would also like to know how you deal with complaints about a complaint
i.e. complaints that are not dealt with fairly and what are the time
limits self imposed by MPS to deal with any complaints about staff, and
how these should be dealt with fairly.

What information should an officer pass on so that a complaint can be
made?

If there is never an outcome to a complaint, or a refusal to answer, what
can one do then?

Should SOP not be adhered too in regards to complaints, what when are the
actions taken by MPS?

What would happen to an officer should they not deal with a complaint?

Are officers that deal with complaints allowed to bundle complaints from
the same household together despite the complaints being from different
people, and the complaints being about different aspects of policing?
Should this happen what would then be protocol?

What happens when a response to a complaint is sent to the wrong person?
Would this then be a data breach for MPS? What would those repercussions
mean?"

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will receive a response within the
statutory timescale of 20 working days as defined by the Act.  

If you have any further enquiries concerning this matter, please contact
us at [email address] or on the phone at 0207 161 3500, quoting the
reference number above. Should your enquiry relate to the logging or
allocations process we will be able to assist you directly and where your
enquiry relates to other matters (such as the status of the request) we
will be able to pass on a message and/or advise you of the relevant
contact details.

Yours sincerely

R. Loizou
Support Officer - Freedom of Information Triage Team
 
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Dear Ms Boucher,

Thank you for your e-mail. I am sorry that the MPS has not been able to provide you with a response within the 20 working day timeframe. I can confirm that the person dealing with your request is Damion Baird.

Damion: I would be grateful if you could please provide Ms Boucher with an update on her request.

Thank you.

Regards,

Kolsuma Sultana| FOI Triage Team | 
Strategy & Insight | Strategy & Governance | Met HQ | Metropolitan Police Service
Telephone: 0207 161 3500 (10am – 2pm) | Internal: 703510 | Email: [email address]
Address: Information Rights Unit, 3rd Floor, PO Box 57192, London, SW6 1SF

Protective Marking: RESTRICTED
Not Suitable for Publication:
Recipients of this email should be aware that all communications within and to and from the Metropolitan Police Service are subject to consideration for release under the Data Protection Act, Freedom of Information Act and Environmental Information Regulations. The MPS will consider all information suitable for release unless there are valid and proportionate public interest reasons not to, therefore, sensitive information not for public disclosure must be highlighted as such. Further advice can be obtained from the Information Rights Unit - 020 7161 3500.

Dear Ms Boucher,

Thank you for your email. I apologise for the delay in responding to you. The response to your request is almost complete. I currently await information upon the training staff are given to deal with complaints. Once I have received this information, I will respond to you.

Yours sincerely

Damion
0207 161 6510

Dear Ms Boucher,

Freedom of Information Request Reference No: 2017070001027

I write in response to your request for information that was received by
the Metropolitan Police Service (MPS) on 27 July 2017. I apologise for the
delay in responding to your request and any inconvenience caused. I note
that you seek access to the following information:

"I would like to know the protocol and documentation of complaints against
staff. Specifically, how complaints are recorded, and what training staff
are given to deal with complaints.

I would also like to know how you deal with complaints about a complaint
i.e. complaints that are not dealt with fairly and what are the time
limits self imposed by MPS to deal with any complaints about staff, and
how these should be dealt with fairly.

What information should an officer pass on so that a complaint can be
made?

If there is never an outcome to a complaint, or a refusal to answer, what
can one do then?

Should SOP not be adhered too in regards to complaints, what when are the
actions taken by MPS?

What would happen to an officer should they not deal with a complaint?

Are officers that deal with complaints allowed to bundle complaints from
the same household together despite the complaints being from different
people, and the complaints being about different aspects of policing?
Should this happen what would then be protocol?

What happens when a response to a complaint is sent to the wrong person?
Would this then be a data breach for MPS? What would those repercussions
mean?"

Following receipt of your request, I have conducted searches to locate
information relevant to your request. These searches located some of the
requested information.

DECISION
I have disclosed the located information to you.

"I would like to know the protocol and documentation of complaints against
staff. Specifically, how complaints are recorded, and what training staff
are given to deal with complaints."

Public complaints are recorded and managed by the MPS in accordance with
the guidance of the Independent Police Complaints Commission (IPCC). The
IPCC oversee the police complaints system in England and Wales and set the
standards by which the police should handle complaints. Public complaints
are also recorded and managed within the MPS in accordance with the MPS
policy titled 'A Guide To The Management of Local Misconduct Proceedings &
Public Complaints'. I have provided a link to the IPCC website below where
their Statutory Guidance can be viewed/downloaded.

IPCC Website: Statutory Guidance
https://www.ipcc.gov.uk/page/statutory-g...

Please refer to the documents titled:

* Statutory Guidance 2015
* Guidance on the recording of complaints under the Police Reform Act
2002

The MPS policy titled 'A Guide To The Management of Local Misconduct
Proceedings & Public Complaints' has been attached to this email.

In relation to the training that staff are given to deal with complaints,
the Prevention and Reduction Team of the Directorate of Professional
Standards (the department charged with maintaining the highest
professional standards for the MPS) provide training upon dealing with
public complaints to boroughs and departments across the MPS. In addition,
each borough/department provides training for their own staff where
applicable, based upon individual/departmental need. Officers and staff
dealing with complaints also receive a large amount of 'on the job'
training from experienced colleagues and additionally, have access to a
vast array of resources (i.e. policies, standard operating procedures,
toolkits, presentations etc) that guide them upon how to deal with public
complaints. It should also be noted that the central Complaint Support
Team (CST) of the Directorate of Professional Standards provide
consistency in assessment and decision-making in terms of the management
of public complaints. The officers working within the CST are subject
matter experts and receive complaint assessment and handling training.
They also attend regular meetings with the IPCC to ensure statutory
guidance and case studies are discussed to determine the most appropriate
course of action to progress a matter where there are challenging or
unique circumstances.

"I would also like to know how you deal with complaints about a complaint
i.e. complaints that are not dealt with fairly and what are the time
limits self imposed by MPS to deal with any complaints about staff, and
how these should be dealt with fairly."

All public complaints are investigated in accordance with the
aforementioned IPCC Statutory Guidance and the 'Guide To The Management of
Local Misconduct Proceedings & Public Complaints'. With specific regard to
the timeliness of investigations, this is addressed within the document
titled 'Timeliness of OCU Investigations'. I have provided this document
to you in redacted format, that is I have removed the name of the author
of this document. I have also removed a telephone number. A series of
asterisks (***********) denote where information has been removed. The
formal Refusal Notice in respect of the information redacted, including
the relevant sections of the Freedom of Information Act 2000, is given in
the section titled 'Legal Annex' below.

"What information should an officer pass on so that a complaint can be
made?"

An employee's name and shoulder number where applicable, are sufficient to
make a public complaint. Where these are not available, a public complaint
can still be made. An investigation can often identify the employee(s)
subject of a complaint.
 

"If there is never an outcome to a complaint, or a refusal to answer, what
can one do then?"

A member of the public that is unhappy with the way in which a complaint
has been managed, can make a complaint to the IPCC. The IPCC oversee the
police complaints system in England and Wales. I have provided a link to
the IPCC website below. The IPCC's contact details can be found on this
webpage.

IPCC Website: Contact Details.
https://www.ipcc.gov.uk/page/contact

"Should SOP not be adhered too in regards to complaints, what when are the
actions taken by MPS?"

All police employees are required to comply with MPS policy. An alleged
failure to adhere with an MPS policy, standard operating procedure or
toolkit would have to be investigated to determine whether any action is
required. Appropriate action where applicable, would be taken at the
conclusion of an investigation.

"What would happen to an officer should they not deal with a complaint?"

All police officers are required to comply with MPS policy and adhere to
the 'Standards of Professional Behaviour' as set out within Schedule 2 of
the Police (Conduct) Regulations 2012. Depending upon the circumstances, a
failure to deal with a public complaint could constitute a failure to
comply with MPS policy and/or constitute a breach of the Standards of
Professional Behaviour. An investigation would be required to determine
whether a police officer has not complied with a policy or whether their
conduct has failed to meet the aforementioned Standards of Professional
Behaviour. Appropriate action where applicable, would be taken at the
conclusion of an investigation.

"Are officers that deal with complaints allowed to bundle complaints from
the same household together despite the complaints being from different
people, and the complaints being about different aspects of policing?
Should this happen what would then be protocol?"

Public complaints are managed in accordance with the aforementioned IPCC
Statutory Guidance and the MPS Guide To The Management of Local Misconduct
Proceedings & Public Complaints.

"What happens when a response to a complaint is sent to the wrong person?
Would this then be a data breach for MPS? What would those repercussions
mean?"

An investigation would be required to determine whether the actions of any
member of staff has led to a breach of the Data Protection Act 1998.
Appropriate action where applicable, would be taken at the conclusion of
an investigation.

COMPLAINT RIGHTS
This notice concludes your request for information. I would like to thank
you for your interest in the MPS.

Your attention is drawn to the attached sheet which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact Damion Baird on telephone number 0207 161 6510 quoting the
reference number above.

Yours sincerely

Damion Baird

LEGAL ANNEX

Exemptions Claimed under the Freedom of Information Act 2000

Section 17(1) of the Act provides:

"(1) A public authority which, in relation to any request for information,
is to any extent relying on a claim that any provision in part II relating
to the duty to confirm or deny is relevant to the request or on a claim
that information is exempt information must, within the time for complying
with section 1(1), give the applicant a notice which-
(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies."

Section 40(2)(a)(b) and Section 40(3)(a)(i) of the Act provides:

"(1) Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
data subject.
(2) Any information to which a request for information relates is also
exempt information if-
(a) it constitutes personal data which do not fall within subsection (1),
and
(b) either the first or the second condition below is satisfied.
(3) The first condition is-
(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene-
(i) any of the data protection principles"

Explanation of Exemption Claimed under the Freedom of Information Act 2000

Section 40 (2) & (3) - Personal Information: Absolute Exemption/Class
Based
Section 40(2)(a)(b) of the Act provides that any information to which a
request for information relates, is exempt information if the first
condition of Section 40(3)(a)(i) is satisfied. The first condition of
Section 40(3)(a)(i) states that information is exempt if its disclosure
would contravene any of the data protection principles.

The eight principles of the Data Protection Act 1998 (DPA) govern the way
in which data controllers must manage personal information. Principle one
of the DPA provides that personal data must be processed fairly and
lawfully. In view of this requirement, I have removed the name of the
author of the document titled 'Timeliness of OCU Investigations'. I have
also removed a telephone number from this document. I have removed this
information as it would allow a members of staff to be identified and/or
contacted. I consider that this would be unfair to these members of staff.
In reaching my decision, I have given due regard to Condition one and six
of Schedule 2 of the DPA. Condition one of the DPA requires that
consideration is given to whether consent for disclosure has been given
whilst Condition six requires that consideration is given to whether
disclosure would constitute legitimate processing of that data. I have
found that as no prior consent has been given to release this information
and in the case of legitimate processing, the release of this personal
data would be unexpected and subsequently unfair, that it is appropriate
not to release this information. I also consider that the information
redacted is not central to the records requested and does not detract from
them.

The provision to refuse access to information under Section 40(2)(a)(b)
and (3)(a)(i) of the Act is both absolute and class based. When this
exemption is claimed, it is accepted that harm would result from
disclosure. There is accordingly no requirement to demonstrate what that
harm may be in refusing access to information.

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 10 Lambs Conduit Street, London, WC1N 3NR.
 

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk