Criminal Damage

Andrew Barr made this Freedom of Information request to Metropolitan Police Service (MPS)

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Metropolitan Police Service (MPS).

Dear Metropolitan Police Service (MPS),

I previously request information in respect of Criminal Damage at Clapton FC, The Old spotted Dog Ground, Upton Lane, Forest Gate, London E7. https://www.whatdotheyknow.com/request/c... refers.

Thank you for the information provided.

Only one of these five incidents reported, that being in 2014 , involved Criminal Damage.

Due to new information being provided

1. Would you please confirm whether or not the damage in 2014 was as a result of an Arson Attack and provide details of details of the damage/property said to have been lost or destroyed.

2. Would you please provide details of any arson attack at the Old Spotted Dog ground since 1st January 2000 and details of the damage/property said to have been lost or destroyed.

Yours faithfully,

Andrew Barr

Metropolitan Police Service (MPS)

Dear Mr Barr

Freedom of Information Request Reference No: 2018110000199

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 29/10/2018.  I note you seek
access to the following information:

* I previously request information in respect of Criminal Damage at
Clapton FC, The Old spotted Dog Ground, Upton Lane, Forest Gate,
London E7.
 https://scanmail.trustwave.com/?c=7089&a...
refers. Thank you for the information provided. Only one of these five
incidents reported, that being in 2014 , involved Criminal Damage. Due
to new information being provided
* 1.   Would you please confirm whether or not the damage in 2014 was as
a result of an Arson Attack and provide details of details of the
damage/property said to have been lost or destroyed.
* 2.  Would you please provide details of any arson attack at the Old
Spotted Dog ground since 1st January 2000 and details of the
damage/property said to have been lost or destroyed.

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

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

Yours sincerely

David Edwards

 
COMPLAINT RIGHTS

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

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

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

Complaint

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

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

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

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

The Information Commissioner

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

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

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

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

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

 

Find us at:

Facebook: [1]https://m.facebook.com/metpoliceuk

Twitter: @metpoliceuk

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Metropolitan Police Service (MPS)

Dear Mr Barr

Freedom of Information Request Reference No: 2018110000199

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 29/10/2018.  I note you seek
access to the following information:

I previously request information in respect of Criminal Damage at Clapton
FC, The Old spotted Dog Ground, Upton Lane, Forest Gate, London E7.
 https://scanmail.trustwave.com/?c=7089&a...
refers. Thank you for the information provided.

Only one of these five incidents reported, that being in 2014 , involved
Criminal Damage. Due to new information being provided

1.   Would you please confirm whether or not the damage in 2014 was as a
result of an Arson Attack and provide details of details of the
damage/property said to have been lost or destroyed.

2.  Would you please provide details of any arson attack at the Old
Spotted Dog ground since 1st January 2000 and details of the
damage/property said to have been lost or destroyed.

This is to inform you that the MPS are unable to proceed with your request
as we require further information from you.  

Unfortunately the link you have sent to me does not work. Please send me
the reference number of the previous FOIA you mention, I will then be able
to see the correct offences you refer to.

After receiving your reply, your request will then be considered and you
will receive a response within the statutory timescale of 20 working days.

However, if the requested additional information has not been received by
05/12/2018 I will assume you no longer wish to proceed with this request
and will treat it as withdrawn.

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

Yours sincerely,

Paul Mayger
Information Manager
 
COMPLAINT RIGHTS

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

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

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

Complaint

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

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

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

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

The Information Commissioner

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

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

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

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

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

 

Find us at:

Facebook: [1]https://m.facebook.com/metpoliceuk 

Twitter: @metpoliceuk

References

Visible links
1. https://m.facebook.com/metpoliceuk

Dear Metropolitan Police Service (MPS),

The previous FOI request was Freedom of Information Request Reference No: 2017070000392

Yours faithfully,

Andrew Barr

Metropolitan Police Service (MPS)

Dear Mr Barr

Freedom of Information Request Reference No: 2018110000199

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 29/10/2018.  I note you seek
access to the following information:

I previously request information in respect of Criminal Damage at Clapton
FC, The Old spotted Dog Ground, Upton Lane, Forest Gate, London E7.
 https://scanmail.trustwave.com/?c=7089&a...
refers.

Thank you for the information provided. Only one of these five incidents
reported, that being in 2014 , involved Criminal Damage. Due to new
information being provided

1.   Would you please confirm whether or not the damage in 2014 was as a
result of an Arson Attack and provide details of details of the
damage/property said to have been lost or destroyed.

2.  Would you please provide details of any arson attack at the Old
Spotted Dog ground since 1st January 2000 and details of the
damage/property said to have been lost or destroyed. .

Redefined by Mr Barr on 11/11/2018

Dear Metropolitan Police Service (MPS),
The previous FOI request was Freedom of Information Request Reference No:
2017070000392
Yours faithfully,
Andrew Barr

SEARCHES TO LOCATE INFORMATION
To locate the information relevant to your request searches were conducted
within the MPS.  The searches located information relevant to your
request.
DECISION

Having located and considered the relevant information, I am afraid that I
am not required by statute to release the information requested. This
response serves as a Refusal Notice under Section 17 of the Freedom of
Information Act 2000 (the Act).  Please see the legal annex for further
information on the exemptions applied in respect of your request.

Before I explain the reasons for the decisions I have made in relation to
your request, I thought that it would be helpful if I outline the
parameters set out by the Freedom Act within which a request for
information can be answered.

The Act creates a statutory right of access to information held by public
authorities. A public authority in receipt of a request must, if
permitted, confirm if the requested information is held by that public
authority and, if so, then communicate that information to the applicant.

The right of access to information is not without exception and is subject
to a number of exemptions which are designed to enable public authorities
to withhold information that is not suitable for release. Importantly, the
Act is designed to place information into the public domain, that is, once
access to information is granted to one person under the Act, it is then
considered public information and must be communicated to any individual
should a request be received.  
In accordance with the Act, this response represents a Partial Refusal
Notice for this particular request under Section 17(1) of the Act.

Please see the LEGAL ANNEX part of this response for the sections of the
Act, and a full explanation why the exemptions have been applied.

Constituents of this information attract Section 30 and 40 of the Act.

It should not be surmised that we are applying Sections 30 and 40 to the
same pieces of information.
REASONS FOR DECISION
Some of the information you have requested is exempt by the virtue of
Section 30(1)(a) Investigations and proceedings conducted by public
authorities, and Section 40(2)(a)(b) and (3)(a)(i)(ii)(b) Personal
information of the Act.  

Section 30 is a classed based & qualified exemption.  
Section 30(1)(a) of the Act allows an authority to exempt information
where it has, at any time, been held for the purpose of specified criminal
and other investigations or proceedings.  This exemption can be applied
after evidencing the harm, which could be caused by release of information
and following completion of a Public Interest Test (PIT). The purpose of
the PIT is to establish whether the 'Public Interest' lies in disclosing
or withholding the requested information.
Section 30 Evidence of Harm
Disclosure of specific information obtained for an investigation and the
actions taken by the police during the investigation could risk the
identity of the victims/suspects involved being revealed.  This may affect
any ongoing investigations into similar cases where the alleged
suspect/victim is associated with Clapton Football Club.  This could
undermine the confidence in the police.
Public Interest Test (PIT)

Section 30 Public interest considerations favouring disclosure      
Disclosure would enhance the public's knowledge of the actions taken,
whilst investigating these allegations of crimes committed at Clapton
Football Club, thereby giving people the confidence to report such crimes,
or suspicions of such crimes being committed.  This will assist in the Law
Enforcement role of the MPS to prevent and detect crime, and in the
administration of justice.

Section 30 Public interest considerations favouring non-disclosure
Disclosure of the information requested could identify living persons
captured by the scope of this request.  Individuals concerned could
analyse the information and identify the victims or alleged suspects.
 This would hinder the prevention and detection of crime and also
prejudice the MPS's ability to fairly conduct ongoing and future
investigations of this nature.
Section 40(2)(a)(b)(3)(a)(i)(ii)(b) is an absolute exemption and requires
neither an evidence of harm or public interest test in justification of
its use.
Under Section 40(2) and (3) of the Act, Public Authorities are able to
withhold information where its release would identify any living
individual and breach the principles of the Data Protection Act 1998
(DPA).  I have applied this exemption in that the disclosure of detailed
information to the level requested could cause a living persons identity
to be revealed.  If this occurs due to the information provided by the
MPS, this constitutes personal data, which would be in breach of the
rights provided by the DPA.

The eight principles of the DPA govern the way in which data controllers
must manage personal data. Under principle one of the DPA, personal data
must be processed fairly and lawfully. I consider that the release of
detailed information to the level requested constitutes personal data. The
release of this information would be unfair as the persons and their
families would have no reasonable expectation that the MPS would make this
information publicly available.

In reaching my decision I have in each case, given due regard to Condition
one and six of Schedule 2 of the DPA.
Condition one of the DPA requires that consideration is given to whether
consent for disclosure has been given whilst Condition six requires that
consideration is given to whether disclosure would constitute legitimate
processing of that data.  Having considered both conditions, I have
established that no consent is present or would likely be received to
release this information.

This exemption is both absolute and class based. When this exemption is
applied, it is accepted that harm would result from disclosure. There is
accordingly no requirement to consider whether release of information is
in the public interest or demonstrate what harm would result from
disclosure .

To disclose information which could cause a victim of crime or suspect to
be identified and interfere with their well-being can not be allowed.
 Consideration must also be given to the mental state of the person if
identified.

If a victim or suspect was identified, this has the potential to interfere
with ongoing and future investigations.

Balancing Test (if applicable)

After weighing up the competing interests I have determined that the
disclosure of the above information would not be in the public interest.
 I consider that the benefit that would result from the information being
disclosed does not outweigh the considerations favouring non-disclosure.
You have asked for detailed information about crimes committed at Clapton
Football Club.

It is imperative that the safety and identity of the victims, or the
compromising of ongoing or future investigations is not a factor when
trying to be transparent in disclosing as much information as possible.

The MPS has a duty of care to the communities served.  It is therefore in
our opinion, based on the balancing test, disclosure of all the
information (as explained above) is not made out.
Should you have any further enquiries concerning this matter, please
contact me via email at [email address] , quoting the
reference number above.
Yours sincerely

Paul Mayger
Information Manager
LEGAL ANNEX
Section 17(1) of the Act provides:
(1)        A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision in
part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant a notice which-
(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.
Section 30(1)(a) of the Act provides:

Investigations and proceedings conducted by public authorities
(1)Information held by a public authority is exempt information if it has
at any time been held by the authority for the purposes of—
(a)any investigation which the public authority has a duty to conduct with
a view to it being ascertained—
(i)whether a person should be charged with an offence, or
(ii)whether a person charged with an offence is guilty of it,

Section 40(2)(3) of the Act provides:

Personal information
(1)Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
data subject.
(2)Any information to which a request for information relates is also
exempt information if—
(a)it constitutes personal data which do not fall within subsection (1),
and
(b)either the first or the second condition below is satisfied.
(3)The first condition is—
(a)in a case where the information falls within any of paragraphs (a) to
(d) of the definition of “data” in section 1(1) of the M1Data Protection
Act 1998, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene—
(i)any of the data protection principles, or
(ii)section 10 of that Act (right to prevent processing likely to cause
damage or distress), and
(b)in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the
M2Data Protection Act 1998 (which relate to manual data held by public
authorities) were disregarded
In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 10 Lambs Conduit Street, London, WC1N 3NR.
 
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
You have the right to require the Metropolitan Police Service (MPS) to
review their decision.
Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  
Complaint
If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.
Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:
FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]
In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner
After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner
please visit their website at www.ico.org.uk.  Alternatively, write to or
phone:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

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

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

 

Find us at:

Facebook: [1]https://m.facebook.com/metpoliceuk

Twitter: @metpoliceuk

References

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