Correspondence between Mr Kirby and Dr Cheng
Dear Essex Police,
Please provide me with emails and all other correspondence between Kevin Kirby (Head of Pension Governance and Compliance) and Dr William Cheng (SMP) in respect of Police Injury Pension Reviews. Correspondence may also use alternative references such as-
Reassessment of injury pensioners degree of disablement
Injury Award Reviews
Injury Benefit Pensioners
Assessment of Degree of Disablement.
I understand that some correspondence may have to be redacted due to naming of third parties.
To cut down on time and costs I am only requesting correspondence between 1st November 2020 to 1st August 2021.
Yours faithfully,
Peter Clark
Thank you for your enquiry which has been logged under the above
reference.
Please note that Essex Police are actively publishing information within
our publication scheme webpage, information supplied as part of this
request could be used within the scheme. Please click on the following
link to search details of existing publications
[1]https://www.essex.police.uk/foi-ai/af/ac....
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 Section 14 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
[2]www.ico.gov.uk, specific information relating to submitting a request
can be found at:
[3]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.
Although every effort will be made to ensure a response is provided within
statutory deadlines, 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.
Please ensure all future enquiries are sent to the
[4][Essex Police request email] mailbox.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [5][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions,
use CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[6]https://www.essex.police.uk/foi-ai/af/ac...
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:
[7]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: [8]info.rights.freedom@essex. police.uk
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 [9]https://ico.org.uk/
Dear Info Rights Freedom Essex,
Under the freedom of information act you are required to answer my request within 20 days. The information should have been provided by 6th September. I now require you to supply the information requested.
Yours sincerely,
Peter Clark
Link: [1]File-List
Link: [2]Edit-Time-Data
Thank you for your patience in regard to your initial request and we
acknowledge you are awaiting a response. We must firstly apologise for
the lack of updates from this department as the level of service provided
has been below what is expected. Our attention is focused on your request
and we shall shortly be contacting you, please rest assured that the level
of service from this department is our priority and once again please
accept our apologies for the delay you have experienced.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [3][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions,
use CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[4]https://www.essex.police.uk/foi-ai/af/ac...
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:
[5]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: [6]info.rights.freedom@essex. police.uk
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 [7]https://ico.org.uk/
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 'Correspondence between Mr Kirby and Dr Cheng'.
This request is now overdue. Despite being advised on 8th September that you would be in contact with me shortly I have received no correspondence.
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,
Peter Clark
Essex Police is in receipt of your complaint to FOI request 16033
regarding Dr William CHENG - Police Injury Pension Reviews.
Essex Police will conduct a review as requested.
As you will be aware the Information Commissioner's guidance for reviews
held under Section 50 of the Act is that they should be completed
within twenty working days of receipt of the complaint (unless exceptional
circumstances arise in which case the authority may extend the deadline by
a further twenty days) this will give a deadline of the 20/10/2021.
As advised in our reply if you are not content with the outcome of the
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 or via [1]http://www.ico.gov.uk/
We will write again by that date.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [2][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions,
use CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[3]https://www.essex.police.uk/foi-ai/af/ac...
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]info.rights.freedom@essex. police.uk
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/
Dear Info Rights Freedom Essex,
I would be grateful if you would provide an explanation for not dealing with my freedom of information request. The information was not provided within the permitted timescale, when I requested an internal review you gave yourselves a deadline of 20 th October. To date there has been no information provided.
I will now refer this matter to the Information Commissioner's Office as there are concerns about your organisation's information rights practices. If the information has not been released due to an oversight, please provide it forthwith.
Yours sincerely,
Peter Clark
Thank you for your patience in regard to your initial request and we
acknowledge you are awaiting a response. We must firstly apologise for
the lack of updates from this department as the level of service provided
has been below what is expected. Our attention is focused on your request
and we shall shortly be contacting you, please rest assured that the level
of service from this department is our priority and once again please
accept our apologies for the delay you have experienced.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [1][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions,
use CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[2]https://www.essex.police.uk/foi-ai/af/ac...
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]info.rights.freedom@essex. police.uk
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/
Please accept our apologies in relation to the delay you have experienced,
workload and resourcing have resulted in drop in our expected response
times.
I have reviewed the internal review request dated 22^nd September 2021,
and can confirm that we did not meet the requirements under Section 10(1)
of the FOIA in that it failed to respond to the original request within
the statutory time frame of 20 working days.
Additional queries have been run within force to ensure that various
search criteria has been carried out and this has taken some time.
Formally therefore our response is as follows,
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:
Please provide me with emails and all other correspondence between Kevin
Kirby (Head of Pension Governance and Compliance) and Dr William Cheng
(SMP) in respect of Police Injury Pension Reviews. Correspondence may also
use alternative references such as- Reassessment of injury pensioners
degree of disablement Injury Award Reviews Injury Benefit Pensioners
Assessment of Degree of Disablement.
I understand that some correspondence may have to be redacted due to
naming of third parties.
To cut down on time and costs I am only requesting correspondence between
1st November 2020 to 1st August 2021.
Having completed enquiries within Essex Police in respect of Section
1(1)(a), Essex Police does hold information relating to your request,
however Essex Police can confirm in respect of Section 1(1)(b) the
following data
Various searches have been performed however the return in respect of the
search criteria has resulted in a large number of returns. To review the
emails returned would be overly burdensome and exempt by virtue of Section
14.
Search between 2020/11/01 to 2021/07/31 – Sent From Kevin Kirby – 26,900
items
Search between 2020/11/01 to 2021/07/31 – received 5126 items
Search between 2020/11/01 to 2021/07/30 – search condition of
‘reassessment of injury, disablement injury award’ - 802 items
Under Section 1(1)(b) I have provided the following from the following
search which provided results that could be reviewed within the timescales
under the act.
Search sent and received Kirby – Search phrase review, reg has resulted
in the attached items.
A manual search by the user on the more fuller original description
provided a limited number of emails on locally held exchange/outlook
account.
In an effort to assist additional information outside of the results
produced by the criteria above have been provided by Mr Kirby that may be
of interest to you. See Pers 30v Part 9 and 10a attached.
The following link provides more information regarding Essex Police
Pension Authority strategy, terms of reference and notes to pensioners.
[1]Essex Police Pension Board | Essex Police
Essex Police trusts that the links and information provided is of
assistance. Thank you for your interest in Essex Police.
The above request will be included within the Essex Police Publication
scheme [2]https://www.essex.police.uk/foi-ai/af/ac...
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Email: [3][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions,
use CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[4]https://www.essex.police.uk/foi-ai/af/ac...
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:
[5]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: [6][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 [7]https://ico.org.uk/.
From: Info Rights Freedom Essex <[Essex Police request email]>
Sent: 22 September 2021 16:31
To: Peter Clark <[FOI #780312 email]>
Subject: IR Review - FOI 16033 Dr William CHENG - Police Injury Pension
Reviews
Essex Police is in receipt of your complaint to FOI request 16033
regarding Dr William CHENG - Police Injury Pension Reviews.
Essex Police will conduct a review as requested.
As you will be aware the Information Commissioner's guidance for reviews
held under Section 50 of the Act is that they should be completed within
twenty working days of receipt of the complaint (unless exceptional
circumstances arise in which case the authority may extend the deadline by
a further twenty days) this will give a deadline of the 20/10/2021.
As advised in our reply if you are not content with the outcome of the
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 or via [8]http://www.ico.gov.uk/
We will write again by that date.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [9][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions, use
CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[10]https://www.essex.police.uk/foi-ai/af/ac...
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:
[11]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: [12]info.rights.freedom@essex. police.uk
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 [13]https://ico.org.uk/
Dear Essex Police,
Your response is unsatisfactory.
On your own admission you have provided documents that have no bearing on my request.
The ICO issued you with a Decision Notice directing that if you were in possession of the requested information you should release it. You have admitted holding the information but now refuse to release it citing that this is a vexatious request.
I shall now refer back to the ICO for further advice and guidance.
Yours sincerely,
Peter Clark
Thank you for your e-mail.
We have noted your dissatisfaction and also that you are referring back to
the ICO for guidance and advice.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [1][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions,
use CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[2]https://www.essex.police.uk/foi-ai/af/ac...
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]info.rights.freedom@essex. police.uk
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/
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 'Correspondence between Mr Kirby and Dr Cheng
The ICO have advised that I challenge you by requesting a review of your refusal to release the information requested citing Section 14 Vexatious.
You state that to review the returned emails would be overly burdensome. However to date Essex Police have spent much time producing 27 pages which have no bearing on my request. Such time could have been spent focussing on the actual nature of my request. Also the searches you have made have not been within the criteria set out in my request, you have not defined the searches correctly.
Essex Police advise that that within the date perimeter I requested you have
26900 emails sent by Kevin Kirby and 5126 received by Kevin Kirby.
However when you refine the search to the topic I requested you have only 802 items. But you have not refined these 802 emails to those ONLY between Mr Kirby and Dr Cheng. This would considerably reduce the time Essex Police would need to process this request. I cannot see how this would be burdensome as the information is held electronically and the search would also be made by electronic means. Please advise why it would be burdensome to supply the correctly defined requested information.
To put context into my FOI request this subject is of substantial public interest. It relates to Reviews of Retired Injured on Duty Police Officers. Such Reviews can result in reduction of officers pensions which in itself impacts on the officer, their dependants and families. It is therefore of interest to all Essex retired injured on duty police officers together with the 3500 serving officers some of whom will undoubtedly become injured officers in the course of duty.
The information requested is to establish that the review process is open, transparent and fair. During the review process the Selected Medical Practitioner (Dr Cheng) must act with impartially but often seeks guidance from the forces HR department (Mr Kirby). Retired and serving officers need the confidence that any guidance given from the HR department follows Police (Injury Benefit) Regulations. Retired Injury on Duty Pensioners attending Reviews need confidence that the process is being conducted with fairness, integrity, diligence and impartiality. And most importantly the review is conducted within Regulations.
My original request was made on 7th August 2021 and during the following months Essex Police has made no conciliatory approach nor made any invitation for refinement of my original request. You would rather disapply my citizens rights under the FOI Act which allows for scrutiny of Public Authorities.
I am dissatisfied in the way you have dealt with my request. You have not replied within timeframes, you ignored my request for an internal review and forced me to make a complaint to the ICO. Essex Police then ignored the ICO request of 5 November and only replied (with irrelevant information) following the issue of a Decision Notice from the ICO. It is for this reason I am returning to yourself for an internal review.
Kind regards
Peter
[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
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,
Peter Clark
Essex Police is in receipt of your complaint to FOI request 16033
regarding Dr William CHENG - Police Injury Pension Reviews
Essex Police will conduct a review as requested.
As you will be aware the Information Commissioner's guidance for reviews
held under Section 50 of the Act is that they should be completed
within twenty working days of receipt of the complaint (unless exceptional
circumstances arise in which case the authority may extend the deadline by
a further twenty days) this will give a deadline of the 11^th February
2022.
As advised in our reply if you are not content with the outcome of the
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 or via [1]http://www.ico.gov.uk/
We will write again by that date.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [2][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions,
use CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
Dear Info Rights Freedom Essex,
I requested an internal review, on 27/1/22, of your handling of my FOI request of 7th August 2022. You advised you would reply by 11th February, you are now overdue and I request that you respond by return.
Yours sincerely,
Peter Clark
Thank you for your patience in regard to your request for an Internal
Review and we acknowledge you are awaiting a response.
Please accept our apologies, an update from this department would have
assisted, however, the level of service provided has been below what is
expected.
Please be assured that in respect of your request for an Internal Review
our specific attention is focused on that Internal Review, which requires
consultation with many parties.
We will be in contact with you as soon as is possible, please rest assured
that the level of service from this department is our priority and once
again please accept our apologies for the delay you have experienced.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [1][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions,
use CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[2]https://www.essex.police.uk/foi-ai/af/ac...
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]info.rights.freedom@essex. police.uk
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/
Dear Info Rights Freedom Essex,
I requested an internal review on 27th January 2022, you advised it would be completed within 20 working days with a deadline of 11th February 2022. I chased you on the 13th February 2022 and on 14th February you apologised for the level of service provided and for the delay I was experiencing. To date I have still not received the conclusion of the Internal Review.
I have been very patient as the original FOI request was made on 7th August 2021 and I ask that you now forward the conclusion of the Internal Review.
Yours sincerely,
Peter Clark
Dear Info Rights Freedom Essex,
Despite intervention by the ICO you continue to fail your obligations under the Freedom of Information Act. Please advise me why your are ignoring my correspondence
Yours sincerely,
Peter Clark
Dear Info Rights Freedom Essex,
You continue to ignore me and the ICO Decision Notice. I will return to the ICO for further guidance.
Yours
sincerely,
Peter Clark
Dear Info Rights Freedom Essex,
I have been advised by the ICO that they have taken your lack of response as a valid complaint.
In the meantime if you are able to provide the information requested I will advise the ICO accordingly.
Yours sincerely,
Peter Clark
Please accept the apology for the delay, I have spent some time searching
using various methods - and I do have some data, I'm just getting the
disclosure signed off. I am hoping that will come back this week.
Kerry Nicholson | Information Rights Manager | Information Management
Department | Information Rights | Essex Police
Telephone 101 extension 42006441 | Email
[1][email address]
Address: Information Management Department, Information Rights, Essex
Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions, use CM2
6DN for HQ)
Please be cautious when clicking on links embedded in messages as they can
sometimes be malicious and create an opportunity for a cyber-attack.
Please accept our apologies in regard to the delay in our response in
relation to your internal review application, the unit is still processing
a number of outstanding requests, and our response has therefore been
delayed, subsequently failing in our compliance against the indicated
guidelines under Part VI of Section 45 Code of Practice which suggests
that an internal review should be provided within 20 days.
In respect of your internal review request,
I am writing to request an internal review of Essex Police's handling of
my FOI request 'Correspondence between Mr Kirby and Dr Cheng
The ICO have advised that I challenge you by requesting a review of your
refusal to release the information requested citing Section 14 Vexatious.
You state that to review the returned emails would be overly burdensome.
However to date Essex Police have spent much time producing 27 pages which
have no bearing on my request. Such time could have been spent focussing
on the actual nature of my request. Also the searches you have made have
not been within the criteria set out in my request, you have not defined
the searches correctly.
Essex Police advise that that within the date perimeter I requested you
have
26900 emails sent by Kevin Kirby and 5126 received by Kevin Kirby.
However when you refine the search to the topic I requested you have only
802 items. But you have not refined these 802 emails to those ONLY between
Mr Kirby and Dr Cheng. This would considerably reduce the time Essex
Police would need to process this request. I cannot see how this would be
burdensome as the information is held electronically and the search would
also be made by electronic means. Please advise why it would be burdensome
to supply the correctly defined requested information.
To put context into my FOI request this subject is of substantial public
interest. It relates to Reviews of Retired Injured on Duty Police
Officers. Such Reviews can result in reduction of officers pensions which
in itself impacts on the officer, their dependants and families. It is
therefore of interest to all Essex retired injured on duty police officers
together with the 3500 serving officers some of whom will undoubtedly
become injured officers in the course of duty.
The information requested is to establish that the review process is open,
transparent and fair. During the review process the Selected Medical
Practitioner (Dr Cheng) must act with impartially but often seeks guidance
from the forces HR department (Mr Kirby). Retired and serving officers
need the confidence that any guidance given from the HR department follows
Police (Injury Benefit) Regulations. Retired Injury on Duty Pensioners
attending Reviews need confidence that the process is being conducted with
fairnesIn s, integrity, diligence and impartiality. And most importantly
the review is conducted within Regulations.
In respect your original request, enquiries were completed correctly with
Mr Kirby directly and therefore under Section 1(1)(b) 27 pages provided
were as a direct result of requesting the information from Mr Kirby and
results provided via a individual mailbox search providing results that he
could easily identify using the criteria requested. Mr Kirby has further
explained that he routinely deletes email as they often contain medical
data and therefore ensuring that he complies with data protection
principles.
Outside of the act, additional documentation were provided outside of the
act titled as Pers 30v Part 9 and 10 though I appreciate you have not
found this useful.
Since your request, I have taken into account your query and I have tried
to refine searches searching mailboxes using a specialised system which
may cover deleted emails (this system only holds information specific time
after deletion, from which they will permanently be deleted and
unrecoverable).
I have experience numerous errors and spent excessive hours with IT not
only refining the search but to also trying to resolve the various error
messages restricting the export of data from a key. Each issue was
reported and various checks and additional calls have been logged with IT
to resolve the issues and this has taken some time. I have created a new
searches to further refine the volume and potentially the accuracy.
Based on the following search “email sent between 31.10.20 to 01/08/21
sent to the email of William Cheng” have provided a result return I
have further examined the results and discounted emails that were not just
between Mr Kirby and Mr Cheng
A further search created with the keyword criteria of review, Reg and the
sender or recipient set as Mr Kirby resulted in 52 items, of which 2 were
from Mr Cheng
A general search of emails sent to Mr Kirby with no keyword criteria
resulted in excess of 32,000 items and would excessive to review.
Personal data/data that could identify a individual has been redacted by
virtue of Section 40(2) Third Party Personal Information
Many emails contain the SMP overall assessment forms and signed consent ,
I have not attached those as you indicate you are more interested in the
fairness transparency aspect, individuals circumstances would be redacted
and therefore the standard form will not add to this. However if you do
require attachments I can provide this to you but they are likely to be
heavily redacted.
FOI is considered a broadcast to the world, and not a private transaction
between the force and the applicant, and consideration on applying this
exemption is subject to whether the disclosure of any other information
would lead to identifying individuals and place information pertaining to
them into the public domain. This constitutes personal data which would,
if released, be in breach of the rights provided by the Data Protection
Act 2018 and General Data Protection Regulations; namely the first data
protection principle, which states that personal data will be processed
lawfully, fairly and transparently.
Article 5(1)(a) of the GDPR states that: “Personal data shall be processed
lawfully, fairly and in a transparent manner in relation to the data
subject”. In the case of an FOIA request, the personal data is processed
when it is disclosed in response to the request. This means that the
information can only be disclosed if to do so would be lawful, fair and
transparent. In order to be lawful, one of the lawful bases listed in
Article 6(1) of the GDPR must apply to the processing, the most applicable
being basis 6(1)(f) which states:
“processing is necessary for the purposes of the legitimate interests
pursued by the controller or by a third party except where such interests
are overridden by the interests or fundamental rights and freedoms of the
data subject which require protection of personal data ….”
Essex Police view is that this is no lawful basis to provide this
information therefore any confirmation would contravene one of the data
protection principles set out in the UK GDPR and therefore the exemption
of Section 40(2) of the Freedom of Information act is engaged.
Further information regarding legal advice from the force solicitor has
also been redacted by virtue of Section 42 Legal Professional Privilege
I am sorry I cannot assist further however various searches have been
performed to try and met the principles under Freedom of Information
regarding transparency.
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Email: [1][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions,
use CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
https://www.essex.police.uk/foi-ai/af/ac...
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:
[2]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: [3][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 [4]https://ico.org.uk/.
From: Info Rights Freedom Essex <[Essex Police request email]>
Sent: 22 September 2021 16:31
To: Peter Clark <[FOI #780312 email]>
Subject: IR Review - FOI 16033 Dr William CHENG - Police Injury Pension
Reviews
Essex Police is in receipt of your complaint to FOI request 16033
regarding Dr William CHENG - Police Injury Pension Reviews.
Essex Police will conduct a review as requested.
As you will be aware the Information Commissioner's guidance for reviews
held under Section 50 of the Act is that they should be completed within
twenty working days of receipt of the complaint (unless exceptional
circumstances arise in which case the authority may extend the deadline by
a further twenty days) this will give a deadline of the 20/10/2021.
As advised in our reply if you are not content with the outcome of the
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 or via [5]http://www.ico.gov.uk/
We will write again by that date.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [6][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions, use
CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[7]https://www.essex.police.uk/foi-ai/af/ac...
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:
[8]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: [9]info.rights.freedom@essex. police.uk
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 [10]https://ico.org.uk/
Dear Info Rights Freedom Essex,
Thank you for your correspondence of 18th May together with enclosures.
You state that you can provide attachments of the emails disclosed. However to request all attachments would be burdensome and therefore request attachments to only 4 emails as follows:
All the mails are from Kevin Kirby to William Cheng.
1) 5th January 2021 12:33
2) 19th May 2021 10:33
3) 21st January 2021. 12:51
4) 9th February 2021. 13:10
Yours sincerely,
Peter Clark
Dear Info Rights Freedom Essex,
Please confirm receipt of my correspondence of 24th May. I have asked the ICO to keep my complaint open until the attachments I have requested are released.
Yours sincerely,
Peter Clark
Thank you for your communication, your enquiry will be dealt with within
our core office hours
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[1]https://www.essex.police.uk/foi-ai/af/ac...
This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...
References
Visible links
1. https://www.essex.police.uk/foi-ai/af/ac...
Thank you for your e-mail dated 24/05/2022 in respect of the Internal
Review Response, issued 18/05/2022.
We will revisit the response and provide you with an update in due
course.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [1][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions,
use CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[2]https://www.essex.police.uk/foi-ai/af/ac...
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]info.rights.freedom@essex. police.uk
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/
Just to provide a update to you, I have collated the documentation and
drafted my disclosure, I am just waiting for sign-off
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [1][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA
For more information about your information rights, or how Essex Police
use your personal data please visit our Privacy Notice via the Essex
Police website [2]https://www.essex.police.uk/hyg/fpnessex...
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information. Please visit this area of our website
before submitting FOI requests as information may already be available.
[3]https://www.essex.police.uk/foi-ai/af/ac...
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]info.rights.freedom@essex. police.uk
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/
From: Info Rights Freedom Essex <[Essex Police request email]>
Sent: 31 May 2022 09:59
To: Peter Clark <[FOI #780312 email]>
Subject: RE: IR Review - FOI 16033 Dr William CHENG - Police Injury
Pension Reviews
Thank you for your e-mail dated 24/05/2022 in respect of the Internal
Review Response, issued 18/05/2022.
We will revisit the response and provide you with an update in due course.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [7][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions, use
CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[8]https://www.essex.police.uk/foi-ai/af/ac...
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:
[9]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: [10]info.rights.freedom@essex. police.uk
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 [11]https://ico.org.uk/
Dear Info Rights Freedom Essex,
On 10th June you provided an update. You advised that you had collated the documentation and
drafted your disclosure and were just waiting for sign-off. Could you give me a timescale for when I will receive the documents?
Yours sincerely,
Peter Clark
Thank you for your patience I can now provide additional information
please see the below revised FOI
The Freedom of Information Act 2000 (FOIA) places two duties on public
authorities:
Unless exemptions apply, the first duty (at [1]Section 1(1)(a)) is to
confirm or deny whether the information specified in a request is held.
The second duty (at [2]Section 1(1)(b)) is to disclose information that
has been confirmed as being held.
However, where exemptions are relied upon ( [3]Section 17(1)) there is a
requirement to provide the applicant with an explanation either:
a) stating the fact
b) detailing the exemption(s) in question and
c) why the exemption applies (if not apparent).
Further FOI Information Request
You state that you can provide attachments of the emails disclosed.
However to request all attachments would be burdensome
and therefore request attachments to only 4 emails as follows:
All the mails are from Kevin Kirby to William Cheng.
1) 5th January 2021 12:33
2) 19th May 2021 10:33
3) 21st January 2021. 12:51
4) 9th February 2021. 13:10
FOI Duty
First Duty – Essex Police does hold information relating to all of your
request.
Second Duty – Engaged re part of the response Email 2 provided
Fact – Exemption applies to part of the response
Exemption – Email 1 and 3 – [4]Section 30 2(iv), [5]Section 40(2) , Email
4 - [6]Section 42
Email 1 relates to a ongoing medical review and therefore it would be
inappropriate to provide the attachments that relate to an individual.
Email 2 relates to Papers involving PTSD which are publicly available (to
assist this has been provided)
Email 3 relates to an individual medical review but contains attachments
to various job vacancies that relate to that individual and therefore it
would be inappropriate to provide the attachments.
Email 4 relates to advice provided by legal representation, A
communication under Section 42 means a document that conveys information,
and can take any form.
Further information on the Essex Police Pension Board can be reviewed
through our publication scheme by the following link:
[7]Essex Police Pension Board | Essex Police
Essex Police trusts that the links and information provided is of
assistance. Thank you for your interest in Essex Police.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [8][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA
For more information about your information rights, or how Essex Police
use your personal data please visit our Privacy Notice via the Essex
Police website [9]https://www.essex.police.uk/hyg/fpnessex...
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information. Please visit this area of our website
before submitting FOI requests as information may already be available.
[10]https://www.essex.police.uk/foi-ai/af/ac...
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:
[11]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 Information Rights Manager at
the above address or by email to: [12]info.rights.freedom@essex. police.uk
We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days. Please explain which aspect of the
disclosure you are not satisfied with, and if your complaint concerns the
decision to apply an exemption, please specify if you wish an internal
review to take place and why you believe the exemption does not apply.
If you are still dissatisfied following our review, you have the right
under of the [13]Section 50 FOIA 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 [14]https://ico.org.uk/
From: Info Rights Freedom Essex
Sent: 10 June 2022 14:29
To: '[FOI #780312 email]'
<[FOI #780312 email]>
Subject: RE: IR Review - FOI 16033 Dr William CHENG - Police Injury
Pension Reviews
Just to provide a update to you, I have collated the documentation and
drafted my disclosure, I am just waiting for sign-off
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [15][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA
For more information about your information rights, or how Essex Police
use your personal data please visit our Privacy Notice via the Essex
Police website
[16]https://www.essex.police.uk/hyg/fpnessex...
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information. Please visit this area of our website
before submitting FOI requests as information may already be available.
[17]https://www.essex.police.uk/foi-ai/af/ac...
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:
[18]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: [19]info.rights.freedom@essex. police.uk
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 [20]https://ico.org.uk/
From: Info Rights Freedom Essex <[21][Essex Police request email]>
Sent: 31 May 2022 09:59
To: Peter Clark <[22][FOI #780312 email]>
Subject: RE: IR Review - FOI 16033 Dr William CHENG - Police Injury
Pension Reviews
Thank you for your e-mail dated 24/05/2022 in respect of the Internal
Review Response, issued 18/05/2022.
We will revisit the response and provide you with an update in due course.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [23][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions, use
CM2 6DN for HQ)
Information Management aspires to be: Helpful, Inclusive & Professional
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[24]https://www.essex.police.uk/foi-ai/af/ac...
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:
[25]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: [26]info.rights.freedom@essex. police.uk
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 [27]https://ico.org.uk/
Dear Info Rights Freedom Essex,
Thank you for your response.
In respect of the email of 5th January 2021, I accept that this is an ongoing medical review and you are unable to send the attachments.
Email of 19th May 2021 - thank you for the attachments.
Email of 21st January 2021- the attachments of job vacancies relate to an individual. Is there any reason why you cannot redact the individuals name (or other identifying features) and disclose the documents?
Email of 9 th February 2021 - You are applying an exemption under section 42. I am challenging your use of this exemption. Section 42 ensures that the confidential relationship between lawyer and client is protected. Neither Mr Kirby or Dr Cheng are legal advisors so there is no lawyer/client relationship. Whilst Legal Professional Privilege may cover communication between a lawyer and a third party for the purposes of preparing litigation, again neither Mr Kirby or Dr Cheng are lawyers. I therefore request that you now release the PowerPoint which was the attachment to the email of 9th February 2021.
Yours sincerely,
Peter Clark
Thank you for your e-mail.
We will revisit the IR Review and respond with an update in due course.
Kind regards
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [1][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA
For more information about your information rights, or how Essex Police
use your personal data please visit our Privacy Notice via the Essex
Police website
[2]https://www.essex.police.uk/hyg/fpnessex...
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information. Please visit this area of our website
before submitting FOI requests as information may already be available.
[3]https://www.essex.police.uk/foi-ai/af/ac...
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]How to access
information from a public body | ICO
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 Information Rights Manager at
the above address or by email to: [5]info.rights.freedom@essex. police.uk
We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days. Please explain which aspect of the
disclosure you are not satisfied with, and if your complaint concerns the
decision to apply an exemption, please specify if you wish an internal
review to take place and why you believe the exemption does not apply.
If you are still dissatisfied following our review, you have the right
under of the [6]Section 50 FOIA 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 [7]Home | ICO
Dear Info Rights Freedom Essex,
On 12th July 2022 you wrote stating that you would update me in due course, I am still awaiting an update together with the documents requested. Could you now advise your current position?
Yours sincerely,
Peter Clark
Thank you for your communication, your enquiry will be dealt with within
our core office hours and you will be issued with a unique reference
number once your request has been processed and logged.
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.
Please visit this area of our website before submitting FOI requests as
information may already be available.
[1]https://www.essex.police.uk/foi-ai/af/ac...
This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...
References
Visible links
1. https://www.essex.police.uk/foi-ai/af/ac...
Please accept our apologies in relation to the delay you have received in
regard to your query.
In response to the disclosure issued under FOI 16033 as part of the
internal review, we provided 4 attachments, you have asked the following
in respect of the four emails,
Email of 5th January 2021, I accept that this is an ongoing medical review
and you are unable to send the attachments.
Email of 19th May 2021 - thank you for the attachments.
Email of 21st January 2021- the attachments of job vacancies relate to an
individual. Is there any reason why you cannot redact the individuals name
(or other identifying features) and disclose the documents?
Email of 9th February 2021 - You are applying an exemption under section
42. I am challenging your use of this exemption. Section 42 ensures that
the confidential relationship between lawyer and client is protected.
Neither Mr Kirby or Dr Cheng are legal advisors so there is no
lawyer/client relationship. Whilst Legal Professional Privilege may cover
communication between a lawyer and a third party for the purposes of
preparing litigation, again neither Mr Kirby or Dr Cheng are lawyers. I
therefore request that you now release the PowerPoint which was the
attachment to the email of 9th February 2021.
I am happy to provide the attachments relating to the job vacancies sent
through 21^st January 2021, please see attached.
In respect of Email 9^th February 2021, I am afraid my decision stands,
the SMP role is quasi-judicial so legal updates are part of the PPA
ensuring it provides suitable legal updates to the SMP. I do not feel that
this advice was provided nor suitable for release within an FOI response.
Thank you for your interest in Essex Police.
FOI Team | Information Management Department | Information Rights Section
| Essex Police
Telephone: 101 | Email: [1][Essex Police request email]
Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA
For more information about your information rights, or how Essex Police
use your personal data please visit our Privacy Notice via the Essex
Police website
[2]https://www.essex.police.uk/hyg/fpnessex...
Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information. Please visit this area of our website
before submitting FOI requests as information may already be available.
[3]https://www.essex.police.uk/foi-ai/af/ac...
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]How to access
information from a public body | ICO
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.
Under [5]Section 17(7)(a)(b) FOIA complaints should be submitted within 20
working days from the date of this response and should be addressed to the
Information Rights Manager at the above address or by email to:
[6][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
disclosure you are not satisfied with, and if your complaint concerns the
decision to apply an exemption, please specify if you wish an internal
review to take place and why you believe the exemption does not apply.
If you are still dissatisfied following our review, you have the right
under the [7]Section 50 FOIA 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 [8]Home | ICO
This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...
References
Visible links
1. mailto:[Essex Police request email]
2. https://www.essex.police.uk/hyg/fpnessex...
3. https://www.essex.police.uk/foi-ai/af/ac...
4. https://eur03.safelinks.protection.outlo...
5. https://eur03.safelinks.protection.outlo...
6. mailto:info.rights.freedom@essex.%20police.uk
7. https://eur03.safelinks.protection.outlo...
8. https://eur03.safelinks.protection.outlo...
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Peter Clark left an annotation ()
Essex police have not released the requested information.
Essex police have not conducted an internal review.
I have now referred this matter to the ICO.