Complaints manual

Nick Leaton made this Freedom of Information request to West Midlands Police

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Response to this request is long overdue. By law, under all circumstances, West Midlands Police should have responded by now (details). You can complain by requesting an internal review.

Dear West Midlands Police,

Please supply your complaints manual or procedures.

Yours faithfully,

Nick Leaton

Freedom of Information,

4 Attachments

Dear Mr Leaton

 

FOI Request Reference: 1136A/20

 

Thank you for your request for information, received 29/11/2020.

 

REQUEST

 

Please supply your complaints manual or procedures.

 

RESPONSE

 

Under section 21 of the Act, we are not required to provide information in
response to a request if it is already reasonably accessible to you. The
information you requested is available on the following websites:

 

[1]https://www.west-midlands.police.uk/serv...

 

[2]https://policeconduct.gov.uk/

 

As recommended as good practice by the Information Commissioner’s Office a
version of this response may be published on the West Midlands Police
website.

 

ADDITIONAL INFORMATION

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[3]http://foi.west-midlands.police.uk/

 

RIGHT OF APPEAL

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[4]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

 

Andrea Mobberley

Freedom of Information

Corporate Communications | West Midlands Police
 

[5][email address]

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Dear West Midlands Police,

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

I am writing to request an internal review of West Midlands Police's handling of my FOI request 'Complaints manual'.

There is no doubt that there is an internal set of procedures for the steps that your professional standards department must follow when investigating complaints. I requested that information and a link to the website on how do make a complaint is, in my view, a deliberate attempt to avoid a clear FOI request.

So I’m requesting an internal review.

Supply your internal manual for the steps a police officer investigating a complaint must follow.

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,

Nick Leaton

Freedom of Information,

15 Attachments

Dear Mr Leaton

                                                            

FOI Internal Review Reference: 1199A/20

 

Thank you for your correspondence, received 10/12/2020 where you requested
West Midlands Police to review its response to your request for
information under reference number 1136A/20.

 

On 29/11/20 you requested the following:

Please supply your complaints manual or procedures.

 

The force responded on the 10th December 2020 and advised that under
section 21 of the Act, we are not required to provide information in
response to a request if it is already reasonably accessible to you. And
advised that the information you requested is available on the following
websites:

                            

[1]https://www.west-midlands.police.uk/serv...

 

[2]https://policeconduct.gov.uk/

 

REQUEST

You have requested an internal review of the force response on the
following basis:

You believe that there is no doubt that there is an internal set of
procedures for the steps that the professional standards department must
follow when investigating complaints. You believe that you requested that
information and a link to the website on how to make a complaint is a
deliberate attempt to avoid a clear FOI request.

 

You have asked that the force supplies our internal manual for the steps a
police officer investigating a complaint must follow.

 

RESPONSE

The response has now been reviewed and the force maintains that your
request was responded to on a proper basis. Your request was for `our
complaints manual or procedures` and we provided a link to the complaint
procedures.

 

It was not clear from the wording of your request that you actually wanted
an internal set of procedures for the steps that the professional
standards department/police officers must follow when investigating
complaints. And this is why this was not provided.

 

However, in order to assist, I have made enquiries with the Professional
Standards Department (PSD) and they have provided the attached documents
which are the procedures that they must follow when investigating
complaints.

 

Further information can be found on the IOPC and Home Office websites such
as the below

[3]https://www.gov.uk/government/publicatio...

 

 

I hope that this is of assistance.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF

Please note due to Covid-19:

The ICO’s offices will be closed for the foreseeable future. They are
therefore unable to receive correspondence via post, you can instead link
to their website: [4]ico.org.uk

 

Yours sincerely,

 

Mrs R Williams

 

59614 Rebecca Williams l FOI Manager

Lloyd House l West Midlands Police

Preventing crime, protecting the public and helping those in need.

[5]If it’s not 999, search WMP Online

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. https://www.west-midlands.police.uk/serv...
2. https://policeconduct.gov.uk/
3. https://www.gov.uk/government/publicatio...
4. http://ico.org.uk/
5. website
https://www.west-midlands.police.uk/

Dear West Midlands Police,

You have failed to understand the request.

I asked for your internal complaints manual or procedure.

I did not ask for your guide as to how the public make a complaint.

You have responded to the second question which I didn't ask. I already had that information.

So its off to the ICO, and I'll escalate my complaint, to which there has been no response, up the heirarchy at WMP.

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,

Nick Leaton

Freedom of Information,

Thankyou for your e-mail, you have contacted the Freedom of Information
Department

Valid FOI requests will be considered in accordance with the Freedom of
Information Act 2000 and you will receive a response, subject to the
information not being exempt or containing a reference to a third party
Although every effort will be made to ensure a response is provided within
the statutory timescale of 20 working days, 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.

What can I not access under FOI?
You will not be able to access information:

  *   about yourself. This is a Subject Access
Request<https://www.west-midlands.police.uk/abou...>
(SAR)
  *   about third parties
  *   about your police record
  *   to access legal aid
  *   for employment purposes
  *   for civil proceedings
  *    for insurance requests
  *    in relation to police certificates for the purpose of emigration,
visas and residency
If you want to make a request on any of the above, visit our main website
to find out how:
https://www.west-midlands.police.uk/abou...

or make contact with the `Live Chat` team on the force website who will be
able to assist you further.
https://www.west-midlands.police.uk/cont...

Preventing crime, protecting the public and helping those in need.
If it’s not 999, search WMP Online<https://www.west-midlands.police.uk/>

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

Dear West Midlands Police,

The Police Reform and Social Responsibility Act 2011. section 95, Schedule 14.

The Police Reform and Social Responsibility Act 2011: changes to the police
complaints system

1.16 The policing landscape and the police complaints system underwent major change
in 2012. Amendments made to the police complaints system by the Government in
the Police Reform and Social Responsibility Act 2011 were designed to streamline
and remove unnecessary bureaucracy from the system, ensure that complaints are
handled at the lowest appropriate level, and focus more on putting right the
complaint made by a member of the public.

Police accountability
1.17 Local policing bodies (for most areas of the country Police and Crime Commissioners)
are responsible for holding to account the chief officer of their force for how policing
services are delivered in their force area. They should ensure that the chief officer
has appropriate processes in place for dealing with complaints, conduct matters
and DSI matters.

Notice that you have said that your Chief Officer has no processes in place, and that you haven't supplied them.

Of course, they may exist and you've just decided not to supply them, or that he's in real trouble.

Nick Leaton

Dear West Midlands Police,

Your professional standards department have stated that you aren't telling the truth and that the manual exists.

On top, the ICO have taken up the case.

You could of course just supply the manual, or you could make it worse and drag it out.

For example, your Chief Constable now has a formal complaint against her for not following the law, based on your response.

Yours faithfully,

Nick Leaton

Freedom of Information,

Thankyou for your e-mail, you have contacted the Freedom of Information
Department

Valid FOI requests will be considered in accordance with the Freedom of
Information Act 2000 and you will receive a response, subject to the
information not being exempt or containing a reference to a third party
Although every effort will be made to ensure a response is provided within
the statutory timescale of 20 working days, 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.

What can I not access under FOI?
You will not be able to access information:

  *   about yourself. This is a Subject Access
Request<https://www.west-midlands.police.uk/abou...>
(SAR)
  *   about third parties
  *   about your police record
  *   to access legal aid
  *   for employment purposes
  *   for civil proceedings
  *    for insurance requests
  *    in relation to police certificates for the purpose of emigration,
visas and residency
If you want to make a request on any of the above, visit our main website
to find out how:
https://www.west-midlands.police.uk/abou...

or make contact with the `Live Chat` team on the force website who will be
able to assist you further.
https://www.west-midlands.police.uk/cont...

Preventing crime, protecting the public and helping those in need.
If it’s not 999, search WMP Online<https://www.west-midlands.police.uk/>

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.