Corbyn Meeting 23/08/2015

The request was partially successful.

Dear Cambridgeshire Constabulary,

Following postponement of the Jeremy Corbyn rally in Great st Mary's church on the 23/8/2015 I request under FOI Act all documentation including all correspondence and emails prepared by the cambridgeshire police force relating to the risk to public health and safety leading to their advice to cancel the event. In addition where these were prepared any documentation or risk assessments for this venue and others including Parkers Piece relating to public safety associated with Jeremy corbyn visit to Cambridge

Yours faithfully,

Paul Lythgoe

Freedom of Information,

Dear Paul

 

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 0718/2015

 

We acknowledge receipt of your Freedom of Information (FOI) request which
was received by Cambridgeshire Constabulary on 24/08/2015

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000.  You will receive a response within the statutory
timescale of twenty working days as defined by the Act. In some
circumstances, we may be unable to achieve this deadline. If this is the
case, you will be informed and given a revised time-scale at the earliest
opportunity.

 

If we require any further clarification regarding this request, you will
be notified.

 

We would advise you that the nature of certain requests may involve
payment of a fee.  If this is the case, you will be notified.

 

Should you have any further enquiries concerning this matter, please
telephone on 01480 456 111 asking for the Information Access Office or
email [Cambridgeshire Constabulary request email]

 

Regards

 

Julie Purse

Information Access Office

Cambridgeshire Constabulary

 

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To visit Cambridgeshire Constabulary's website please follow this link:

http://www.cambs-police.co.uk/index.asp

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Dear Julie Purse,
Freedom of Information Request 0718/2015
Please be advised that I have not yet recieved a response to my freedom of Information request in the time period required by law. I would be grateful for a full response, or an adequate reason why this response has been delayed and a clear date when the response will be made.

Yours sincerely,

Paul Lythgoe

Freedom of Information,

1 Attachment

Dear Paul

The deadline for your response is 22nd September 2015, taking into account the bank holiday.

However I regret to inform you that Cambridgeshire Constabulary have not been able to complete its response to your request by the date originally stated.

The FOI Act obliges us to respond to requests promptly and in any case no later than 20 working days after receiving your request. We must consider firstly whether we can comply with Section 1 (1)(a) of the Act, which is our duty to confirm or deny whether the information requested is held and secondly we must comply with section 1(1)(b), which is the provision of such information. However, when a qualified exemption applies either to the confirmation or denial or the information provision and a public interest test is engaged, the Act allows the time for response to be longer than 20 working days, if the balance of such public interest is undermined.

In this case we have not yet reached a decision on where the balance of the public interest lies in respect of either of the above obligations. We estimate that it will take a maximum of 20 additional days to take a decision on where this balance lies. Therefore, we plan to let you have a response by 19th October 2015. If it appears that it will take longer than this to reach a conclusion you will be kept informed.

The specific exemption(s) which apply in relation to your request is :-

S40 Personal Information
S30 Investigations and proceedings conducted by a public authority
S31 Law Enforcement

I can assure you that every effort will be made to ensure an appropriate response will be made within this new timescale.

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

May I apologise for any inconvenience caused. Should you wish to discuss this matter please write or contact the Information Access Office on telephone number 01480 456 111 Ext 2034 quoting the reference number above.

Many thanks
Donna Milton
Information Access Office

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Dear Donna Milton,
Can you please clarify the specific exemption S40 personal information and to whom this relates with regard to my request. I am unclear what criminal or civil proceedings would be involved in the preparation and documentation of the emails and correspondence for considering public safety relating to the Corbyn meeting, and therefore the relevance of the S30 exemption. I am unable to see any relevance of the exemptions under section 31, so perhaps you can enlighten me there.
You reference public interest. I think there is a clear public interest in understanding what the public safety concerns were for the initial proposed Corbyn meeting, that appear not to have prevented the meeting taking place at a later date. The Corbyn meeting that took place on Sunday 4th September did so in a packed Great St mary's with a similar number of people attending as that envisaged for the 23rd August without any risk to public safety.
I request a clear understanding as to why it will take a further 20 days to consider my request, and wish to appeal to your request for further time.

Yours sincerely,

Paul Lythgoe

Freedom of Information, Cambridgeshire Constabulary

2 Attachments

Dear Paul

 

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 0718/15

 

In reply to your request for information under the Freedom of Information
Act 2000, received 24/08/15.

 

The Freedom of Information Act 2000 (The Act) requires us to handle all
requests in a manner that is blind to the identity of the requestor.  Any
information released in response to a request is regarded as being
published, and therefore in the public domain without caveat.

 

Request

 

Following postponement of the Jeremy Corbyn rally in Great St Mary's
church on the 23/8/2015 I request under FOI Act all documentation
including all correspondence and emails prepared by the Cambridgeshire
police force relating to the risk to public health and safety leading to
their advice to cancel the event. In addition where these were prepared
any documentation or risk assessments for this venue and others including
Parkers Piece relating to public safety associated with Jeremy Corbyn
visit to Cambridge

 

Your request for information has now been considered and I am not obliged
to supply the information you have requested due to exemptions provided by
the Act.

 

Request

 

In respect of Section 1(1)(a) of the FOI Act I can confirm that
Cambridgeshire Constabulary do hold unredacted copies of the attached pdf
documents.

 

Section 17 of the Freedom of Information Act 2000 requires Cambridgeshire
Constabulary, when refusing to provide such information (because the
information is exempt) to provide you the applicant with a notice which:  
(a) states that fact, (b) specifies the exemption in question and (c)
states (if that would not otherwise be apparent) why the exemption
applies.

 

Redactions have been made in accordance with the following exemption under
FOI:

 

S40(2)   Personal information of a person other than the requestor (third
party information).

S31(1)(a) Law Enforcement

 

Section 40 is an absolute, class-based exemption for which there is no
requirement for me to iterate the harm which a release would cause nor to
consider any public interest.  However, I am required to advise you that I
would consider release of the redacted information would breach the
following Principles as defined in Schedule 1 of the Data Protection Act:

 

1.             Fairly and lawfully processed. 

2.             Processed for limited purposes

6.             Processed in line with your rights

 

Section 31 is a qualified and prejudice based exemption and there is a
requirement to articulate the Harm in disclosure and consider a public
interest test.

 

Harm

 

The police service must obtain and develop intelligence from various
sources in order to perform its function as a police service. To release
how police gather and interpret/develop intelligence may cause harm to how
they function to prevent and detect crime. The function of a police
service in apprehending offenders includes the careful planning and
execution of operations that are intelligence led. By publishing the
complete unredacted copy of the correspondence that we hold would disclose
tactics used in the gathering of intelligence that criminals could use to
avoid prosecution.

Public Interest Test in consideration of Section 31(1)(a)

In Favour of Disclosure

 

By disclosing all sections of the correspondence the public would have a
greater awareness of crime investigation methods and how the constabulary
manages events and planning, this may reduce crime or lead to more
information from public. The public would be able to take steps to protect
themselves from crime. By showing how the constabulary spend public money
on intelligence gathering and officer deployment, would demonstrate that
public funds are correctly spent.

 

Against Disclosure

 

Through disclosure of all the correspondence, law enforcement tactics
would be revealed, this could allow criminal activity to be changed to
hinder the prevention and detection of crime. Any disclosure would impact
on police resources and could undermine the partnership approach to law
enforcement. Considerable time and effort is put into the development of
law enforcement tactics. Releasing information that would identify those
tactics will compromise those tactics and has the potential to hinder the
prevention or detection of crime.

 

Balance Test

I need to consider the public interest in the release of unredacted copies
of the correspondence. This test is looking at the public interest
statements above in relation to the use of Section 31(1)(a) to determine
if the arguments for disclosure outweigh those for non-disclosure. I have
considered these arguments and can see that the correct use of public
funds is a significant reason for disclosure. Also there may be a benefit
from the public providing more information, therefore assisting in the
gathering and development of intelligence.  However anything that would
hinder the prevention and detection of crime, or disrupt police
intelligence gathering tactics, or tactics/planning of events should not
be put at risk. I have therefore decided that in this case the balance
falls on the side of non-disclosure of the redacted sections.

 

In accordance with the Act, this letter represents a Refusal Notice for
this particular request.

 

If you are unhappy with this response, please see the attachment, which
sets out your rights to appeal.

 

Should you have any further enquiries concerning this matter, please
contact the Information Access Office via email, or on telephone number
01480 456 111 extension 2034.

 

Many thanks

 

Donna Milton

Information Access Office

Cambridgeshire Constabulary

 

 

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To visit Cambridgeshire Constabulary's website please follow this link:

http://www.cambs-police.co.uk/index.asp

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