Correspondence to Potto Parish Council
Dear North Yorkshire Police,
Please could you provide copies of any correspondence that you have sent to Potto Parish Council in 2022
Yours faithfully,
Graeme Robertson
Thank you for your disclosure enquiry, please treat this as an acknowledgement of receipt.
Please note, we are currently experiencing some significant delays within the Unit due to a high volume of disclosure requests. Although every effort will be made to ensure a response is provided within statutory deadlines, due to the present circumstances delays may be unavoidable.
We apologise for any inconvenience and will endeavour to process your request as quickly as is practicable, but we ask for your patience and understanding if you do experience a delay.
As the delivery of your rights is important, to assist we have provided a list of frequently asked questions below. If your query can be answered using the information provided, please can you recall your original message so we can prioritise other requests.
• Email address: [email address]<mailto:[email address]>
• Telephone number: 01609 643526
• Postal address for Civil Disclosure Unit: Civil Disclosure Unit, Joint Corporate Legal Services, North Yorkshire Police HQ, Alverton Court, Crosby Road, Northallerton, North Yorkshire, DL6 1BF
• Payments: Cheques payable to North Yorkshire PFCC, or BACS -details provided on request
Frequently Asked Questions
Subject Matter
Contact
Fee
Comments
Cafcass/S7 & S37 Requests
Civil Disclosure
No
Please state what information is specifically required, the due date and any upcoming hearing dates. If historical data is required, please provide evidence as to why this data is necessary.
Civil Proceedings - Solicitors
Civil Disclosure
£91.30
If you are a solicitor or legal representative requesting information on behalf of your client for civil proceedings, then please state what information is specifically required and the lawful basis.
You will need to include your client’s explicit written consent to receive information on their behalf and you will also need to submit two forms of ID showing your clients name, date of birth and current address (copies and certified copies will be accepted).
Court Orders
Civil Disclosure
£74.00
Additional fees may apply
Please submit a copy of the sealed court order detailing what information is required and when.
There is a fee for Private / Family proceedings. Fees will be invoiced.
PNC Criminal Records Checks / Police Certificates
ACRO Criminal Records Office - Subject access<https://www.acro.police.uk/Subject-access>
Please check their website
Requests for criminal record data held on the Police National Computer (i.e. convictions, cautions, reprimands and warnings)
Please make an application to the Criminal Records Office – ACRO.
Freedom of Information Requests
Civil Disclosure
No
Prior to submitting an FOI request please check the FOI web page Freedom of information | North Yorkshire Police<https://northyorkshire.police.uk/access-...> to see if a similar request has already been published under the Disclosure Log, or review any nationally published information.
Insurance Requests – Thefts / Stolen vehicles
Civil Disclosure
£129.80
If you are an insurance company and are wishing to request Police information such as a crime/incident report in relation to a theft / stolen vehicle then you will need to submit the appropriate Appendix D(b) form signed by your insured. acpo-abi-mou-exchange-of-info.pdf<https://www.abi.org.uk/globalassets/site...>
Forms can be emailed or posted to the above address.
Legal Aid Evidence Requests
Civil Disclosure
No
A form is available to download on the force website
Legal aid evidence - North Yorkshire Police | North Yorkshire Police<https://northyorkshire.police.uk/access-...>
Forms are also available at police stations, or can be requested by emailing Civil Disclosure.
Two forms of identification are required that show your name, date of birth and current address (copies and certified copies acceptable) to make the request valid.
Regulatory Requests
Civil Disclosure
£91.30 for up to 2 hours work.
Additional fees may apply.
If you are a regulatory body and require information held by North Yorkshire Police in relation to a member of your profession, then you will need to make a written application detailing what specific information is required and the lawful basis for the request.
Please note that we seek representations from the individual and give them 14 days to respond so requests may take up to 4 weeks to process.
Invoices will be sent by post with disclosure following consent being given to the fee.
Requests for interview / statement from a Police Officer
Civil Disclosure
£145.00
The officer is not obliged to be interviewed and these are provided at the officer’s discretion.
The fee will be invoiced post interview.
Road Traffic Collisions (RTC)
Traffic Bureau
Fees are required.
Please contact the Traffic Bureau
If you require a copy of the RTC report (£96.50), please email
[email address]<mailto:[email address]>
or write to Collision Enquiries, Traffic Bureau, Athena House, Kettlestring Lane, Clifton Moor, York, YO30 4XF
Safeguarding concern (urgent)
Vulnerability Assessment Team
No
Vulnerability Assessment Team email: [email address]<mailto:[email address]>
The Vulnerability Assessment Team is available during office hours Monday to Friday.
Subject Access Requests
Civil Disclosure
Online form (see link to the right)
Visit any Police Station,
Verbally by telephone
No
If you are seeking access to information about yourself which may be held by the force, then you will need to make a Subject Access request.
Subject access request - North Yorkshire Police | North Yorkshire Police<https://northyorkshire.police.uk/access-...>
Two forms of identification are required that show your name, date of birth and current address before a request becomes valid (copies and certified copies will be accepted).
Further information is available on the force website.
Dear Mr Robertson,
I am looking to complete your Freedom of Information request however due
to the broad scope of your request it currently triggers an excess cost
exemption. To locate any / all information as per your request would take
in excess of the 18 hours allowed under the Act.
Can you provide further information in relation to what information you
are looking for specifically, so that I may direct your request to the
relevant department or person?
If I do not receive a response within 20 working days I will assume you no
longer require the information and close your request.
Kind Regards
Carly Busfield
Collar Number 4934
Legal Officer (Civil Disclosure) North Yorkshire Police
Evolve Legal Services
Joint Corporate Legal Services, North Yorkshire Police HQ, Alverton Court,
Crosby Road, Northallerton DL6 1BF
DX 68810 Northallerton 2
Civil Disclosure Direct Dial: 01609 643526
[1]www.northyorkshire.police.uk
Committed to the Code of Ethics
Evolve Legal Services is a collaboration delivering professional services
on behalf of the Chief Constables and elected Commissioners of Cleveland
Police, Durham Constabulary and North Yorkshire Police.
THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL
PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT
ASKING JOINT CORPORATE LEGAL SERVICES
References
Visible links
1. https://eur02.safelinks.protection.outlo...
Dear Carly Busfield,
Thanks for the rapid reply.
In response I am seeking to view a letter from North Yorkshire Police sent to Potto Parish Council in either late September 2022 or October 2022 to the address specified as that of the Parish Council clerk namely:
34 Cooper Lane, Potto, North Yorkshire. DL6 3HA
I am not 100% certain but I think the letter may have been sent by Sergeant Chris Ross who is based at Stokesley Police Station.
I hope this information now enables you to respond to my request with minimal time needed on your part
Yours sincerely,
Graeme Robertson
Good morning,
Please see the attached correspondence.
Kind regards,
Robert Bates
Collar Number 5480
Legal Officer (Civil Disclosure)
North Yorkshire Police
Evolve Legal Services, North Yorkshire Police HQ, Alverton Court, Crosby Road, Northallerton DL6 1BF
DX 68810 Northallerton 2
Civil Disclosure Direct Dial: 01609 643526
Committed to the Code of Ethics
Evolve Legal Services is a collaboration delivering professional services on behalf of the Chief Constable and elected Commissioners of Cleveland Police, Durham Constabulary and North Yorkshire Police.
THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT ASKING JOINT CORPORATE LEGAL SERVICES
Dear North Yorkshire Police, I have received the response from Robert Bates. I am considering my reply to it and will respond shortly.
Yours faithfully,
Graeme Robertson
Hi Robbie,
Please see the email below.
Many Thanks,
Charlotte
Charlotte Todd
Collar Number 3538
Administion Assistant (Civil Disclosure)
North Yorkshire Police
Evolve Legal Services
Joint Corporate Legal Services, North Yorkshire Police HQ, Alverton Court, Crosby Road, Northallerton DL6 1BF
DX 68810 Northallerton 2
Civil Disclosure Direct Dial: 01609 643526
[email address]
www.northyorkshire.police.uk
Dial 101, press option 2 and ask for me by my full name or collar number. If using my collar number please state each number individually.
Please Note: North Yorkshire Police Email addresses have now changed and the .PNN has been removed. Please update your records for NYP contacts accordingly.
Committed to the Code of Ethics
Evolve Legal Services is a collaboration delivering professional services on behalf of the Chief Constables and elected Commissioners of Cleveland Police, Durham Constabulary and North Yorkshire Police.
THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT ASKING JOINT CORPORATE LEGAL SERVICES
Dear Robert Bates,
Dear Mr. Bates. I am responding to the refusal notice to this freedom of Information request.
I have spoken to an officer from the Information Commissioners' office about it.
I draw the following to your attention:
You have stated the application of an exemption in accordance with Section 40 (2) of the Freedom of Information Act 2000, but have not provided any information with regard to the scope or context of how the exemption has been applied to the personal data in the message, for example:
• The data protection principle or principles that would be breached if personal data was disclosed
• Confirmation or not as the case may be that the personal data relates to a third party.
• Whether or not a public interest test was undertaken or if such a test was actually considered.
I also refer you to a guidance note from the office of the information commissioner "How to disclose information safely" for public bodies.
https://ico.org.uk/media/for-organisatio...
It states on page 21:
"56. You can only withhold an entire document under FOIA if all the information is exempt from disclosure under an exemption or the redaction renders the document meaningless. The ICO’s Guide to freedom of information provides further guidance on what to consider when redacting documents."
In light of that statement by the ICO, your response has not specified the amount or extent of which the E mail (Information) requested is actually comprised of personal information, and you haven't shown any willingness to provide a redacted copy or an extract of it with personal data removed.
Since I made the request, Potto Parish Council have released draft minutes of their October 2022 meeting which can be viewed here: https://www.potto.org.uk/minutes/ppc-min...
The existence of the E mail I seek is now acknowledged in the public domain in Item 10 as shown below:
“10. Correspondence - To note correspondence received not specifically dealt with on this agenda.
10.1 An email was received from North Yorkshire Police. A local resident contacted the police following a visitor from a councillor at his home. Sent email to YLCA and said Police response was inappropriate and they do not have the background of the case. The YLCA suggested we contact the Police back regarding this. * Circulate to Councillors before sent off”
The minutes confirm that the E Mail message was Council correspondence. The Council is a corporate entity, not an living individual identifiable by personal data. I accept that any reference in the E mail to "visitor (sic) from a councillor" is likely to contain personal data for which a Section 40 exemption may be appropriate.
However, I am not convinced, and would be extremely surprised if the entire E mail is comprised of personal data to the extent that removal of it would render the remainder of the document meaningless.
The minutes also indicate the E Mail message was also forwarded by Potto Parish to their Yorkshire Local County Association (YLCA) and that the Parish Council have received a response in unspecified format from YLCA about it . The minutes suggest that the information I seek contains comments YLCA deem inappropriate. Therefore, it seems highly unlikely that these comments YLCA took issue with would be entirely comprised of personal data either.
In light of my points above I call upon you reconsider your position and to release the Email with personal data removed or redacted.
Yours sincerely, Graeme Robertson
Dear North Yorkshire Police,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of North Yorkshire Police's handling of my FOI request 'Correspondence to Potto Parish Council'.
On 31 October 2022 I challenged your decision to apply an exemption in accordance Section 40 (2) of the Freedom of Information Act 2000 as justification for refusing to provide any of the information I asked for in this Freedom of Information request. I also called on you to reconsider that stance and release the Email with personal data removed or redacted.
You have not responded at all to my call for release of the Email with personal data removed or redacted, which was made over 20 working days ago.
Accordingly I now call on you to undertake an internal review of your decision to refuse to provide any of the content of the E Mail message that I sought via this Freedom of Information request.
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,
Graeme Robertson
Good Morning,
Thank you for your email.
Your request for an Internal Review has been received and logged on our system. We will be in touch in due course. If you have any further questions please contact [email address]
Kind Regards,
Charlotte Todd
Collar Number 3538
Administion Assistant (Civil Disclosure)
North Yorkshire Police
Evolve Legal Services
Joint Corporate Legal Services, North Yorkshire Police HQ, Alverton Court, Crosby Road, Northallerton DL6 1BF
DX 68810 Northallerton 2
Civil Disclosure Direct Dial: 01609 643526
[email address]
www.northyorkshire.police.uk
Dial 101, press option 2 and ask for me by my full name or collar number. If using my collar number please state each number individually.
Please Note: North Yorkshire Police Email addresses have now changed and the .PNN has been removed. Please update your records for NYP contacts accordingly.
Committed to the Code of Ethics
Evolve Legal Services is a collaboration delivering professional services on behalf of the Chief Constables and elected Commissioners of Cleveland Police, Durham Constabulary and North Yorkshire Police.
THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT ASKING JOINT CORPORATE LEGAL SERVICES
Dear Charlotte Todd,
One month has elapsed since I called on North Yorkshire Police to hold an internal review into the way they have dealt with and responded to this Freedom of Information Request.
I would like to refer you to two items of guidance from the office of the Information Commissioner regarding organisational responses to requests for internal reviews.
https://ico.org.uk/for-organisations/gui...
"You should acknowledge an internal review request and provide a target date for response, which should usually be within 20 working days." & "There may be circumstances where you require more time to complete an internal review, for example if you need to address complex issues, consult with third parties or consider substantial amounts of information. In these circumstances you should inform the requestor that you will need more time and provide a reasonable target date".
There has been no response to my call for an internal review other than to say that the request has been logged and that you will be "In touch in due course". No target date for any type of follow up response has been given, (refusal to hold an internal review, date when an internal review is to be held, or notification that further time is required to respond, along with viable reasons).
Furthermore, I draw your attention to the fact that the Parish Council has included the following recurring agenda item in their October, November and December 2022 monthly meetings :
"10. To consider the following correspondences and decide action where necessary.
10.1 Email from police"
See
https://www.potto.org.uk/agenda/ppc-agen...
https://www.potto.org.uk/agenda/ppc-agen...
https://www.potto.org.uk/agenda/ppc-agen...
It is not clear whether the correspondence concerns a single E mail, that which I seek in this Freedom of Information request, or two or more. However these meetings were open to the public. Accordingly, if the Parish Council were compliant with the The Openness of Local Government Bodies Regulations 2014 - Article 8, they should have provided copies of all the agenda papers, which would include the "E Mail from Police". Furthermore they were prepared to facilitate discussion that could have resulted in members of the public becoming aware of some of the content of the E mail or E mails, or at least the general scope of the E Mail, or E mails if there were several.
I would suggest that the inclusion of the Police E mail(s) in the Parish Council public meeting agendas should be acknowledged by any internal review.
In light of the above points, please note that if no further response to my call for an internal review is provided within 40 working days of your original response, I will be minded to report to and seek assistance from the Office of the Information Commissioner in pursuit of the information requested.
Yours sincerely,
Graeme Robertson
Dear Charlotte Todd, I have had no response to my call for an internal review over the way this Freedom of Information request has been dealt with, other than to say that you would "be in touch in due course" back in November 2022. Consequently unless I receive confirmation of a date and time for the requested internal review by the end of February 6th 2023, I am notifying you that I will lodge a formal complaint to the office of the information Commissioner and seek their assistance in pursuing you for the information I am seeking.
Yours sincerely,
Graeme Robertson
Good afternoon
Please see attached response to your internal review.
Kind Regards
Katie Ward
Collar Number 3820
Police Lawyer (Civil Disclosure) North Yorkshire Police
Evolve Legal Services
North Yorkshire Police HQ, Alverton Court, Crosby Road, Northallerton DL6 1BF
DX 68810 Northallerton 2
Civil Disclosure Direct Dial: 01609 643526
Committed to the Code of Ethics
Evolve Legal Services is a collaboration delivering professional services on behalf of the Chief Constables and elected Commissioners of Cleveland Police, Durham Constabulary and North Yorkshire Police.
THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT ASKING JOINT CORPORATE LEGAL SERVICES
Dear Katie Ward (Lawyer),
Thank you for the response to my request to hold an internal review of the response this Freedom of Information request that you provided on 25/10/2022.
Whilst you refer to "careful consideration" it is not absolutely clear if this response dated 06/02/2023 constitutes the actual outcome of an Internal review, or simply a non reviewed re assertion of the position as at 25/10/2022.
Disappointingly, I see no evidence that you have considered any of the aspects listed in my follow up response on 31/10/2022, nor have you given sufficient indication in my view to show how you tested the request against the articles of Section 40 (2) of the Freedom of Information Act 2000, in arriving at your assertion of it's justification for application of a total exemption.
In summary, I am not satisfied with the outcome of the review, or the decision not to hold one, whichever is applicable.
Consequently, I will be seeking intervention by the Information Commissioners Office to determine if your response complies with the FOI Act 2000, and if not, to seek their assistance in getting the information requested.
Yours sincerely,
Graeme Robertson
Dear Katie Ward (Lawyer),
An complaint against the refusal to provide the information was made by me to the office of the Information Commissioner. They have agreed to examine this FOI request. The case reference number is IC-214842-F3G1.
Yours sincerely, Graeme Robertson
Graeme Robertson left an annotation ()
The Office of the Information Commissioner have reviewed this FOI & upheld the decision by North Yorkshire Police. Key points in the decision notice are summarised below:
The Commissioner has viewed the withheld information and is satisfied that it is personal data. This is because the contents of the email relate to and identify a particular individual.
The complainant (myself) argued that the information could be provided with any personal data redacted. However, the Commissioner’s view is that the entire contents of the email meet the definition of personal data.
The Commissioner considers that the complainant is pursuing a legitimate interest and that disclosure of the requested information is necessary to meet that legitimate interest.
In this case, the Commissioner considers that the individual concerned would have a strong and reasonable expectation that their personal information would not be disclosed under FOIA into the public domain. Such disclosure would be likely to cause distress and potential harm to that individual.
Graeme Robertson left an annotation ()
I have been recently contacted by a person who has informed me that the the personal data contained within this Freedom of Information request relates to them. They have asked me to post a statement on their behalf, which I agreed to do, noting that I will not be held responsible for any actions that may arise. The statement is shown below:
-----------------------------------------------------------------------------------------------
Having become aware of this freedom of Information request, I would like to clarify that the personal data on which the exemption for release that was applied by North Yorkshire Police (and upheld by the Information Commissioner's Office) relates to me.
In the interests of transparency, and with concern about the selective interpretation of legislation used to avoid accountability, I would like to give an account in the PUBLIC INTEREST of the events that led to this email being sent to Potto Parish Council by North Yorkshire Police.
The events began when Cllr Macpherson, (named in item 10 in the minutes of the December 2022 Potto Parish Council meeting) attended my home in an aggressive and confrontational state of mind demanding to speak to me. Cllr Macpherson was thwarted only because I was not at home at that time; nevertheless, this caused significant distress to a member of my family who answered the door and had to contend with Cllr Macpherson's agitated state of mind. I arrived home a little time later to be faced with the upset family member who explained what had occurred. I then contacted Cllr Macpherson by email to explain that his visit was entirely inappropriate. The Cllr replied with three individual three emails, one stating simply "GROW UP!!" and the final email threatening a physical confrontation - Cllr Macpherson wrote that he wanted to meet "man to man" to "sort the problem out".
I made a complaint of harassment and intimidation to North Yorkshire Police. The Cllr was interviewed at length by a Police Sergeant, and then apologised three times to the family member who answered the door. However, markedly, Cllr Macpherson refused to apologise to me, his intended victim. The Police Sergeant was sufficiently concerned by this refusal to apologise (likely because he believed Cllr Macpherson intended to repeat his acts of harsassment and intimidation), that the Sergeant sent the email to Potto Parish Council which I believe was the subject of this freedom of information act request. The email advised its members not to contact me and reminded them of their code of conduct. The Council refused to accept that Police advice, and wrote in the October 2022 minutes that the Police advice was "inappropriate".
I can only assume that the Council condones acts of harassment and intimidation towards those it dislikes and that the Council considers itself to be above the Law. I feel this is a terrible state of affairs and that the Public Interest Report dated July 2022, which exposed significant weaknesses of Governance and Accountability at Potto Council, was well and truly deserved. I feel that Cllr Macpherson and those who supported his actions should be ashamed of themselves and resign, as they are obviously unfit for public office.
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now
Graeme Robertson left an annotation ()
An complaint against the refusal to provide the information was made to the office of the Information Commissioner. They have agreed to examine this FOI request. The case reference number is IC-214842-F3G1.