Daniel Morgan Panel: Timetable

Waiting for an internal review by Home Office of their handling of this request.

Dear Home Office,

I understand the Home Office is responsible for processing FoIA requests relating to the Daniel Morgan Independent Panel (DMIP).

On the DMIP web site, they state that "The Panel hopes to present its Final Report to the members of Daniel Morgan’s family and the Home Secretary in the Autumn of 2016".

Given the panel is therefore (presumably) nearing completing of its work, could you disclose to me;

1) Confirm or deny that the panel remains on track to complete its remit in Autumn 2016
2) The date when the report will be made available to each of the Morgan family, the Home Secretary, the Prime Minister, the Metropolitan Police, journalists, the alleged murderers, and the general public
3) Whether a process of 'Maxwellisation' will be applied to criticism of police, journalists, and alleged murderers
4) Any project plan, financial performance, or progress report made to the Home Office by the DMIP (as referenced in the Management Statement on the DMIP web site)
5) And finally... the number of times that episodes of the popular Untold Murder Podcast have been downloaded by staff in the Home Office (via *)

Yours faithfully,
P John

(*) http://www.untoldmurder.com/eps/ or https://www.acast.com/untoldmurder

FOI Requests, Home Office

P. John,

Thank you for contacting the Home Office with your request.

This has been assigned to a caseworker (case ref 40731). We will aim to send you a full response by 12/09/2016 which is twenty working days from the date we received your request.

If you have any questions then please do not hesitate to contact us.

Thank you,

P. Zebedee
FOI Requests
Home Office

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Ciaran Goggins (Account suspended) left an annotation ()

The Metropolitan Police already know the contents. They had a former Det Con infiltrate and sabotage previous inquiries (Op Abelard II). He is involved with the O'Loan inquiry also.

Dear FOI Requests,

concerning case ref 40731, 'Daniel Morgan Panel: Timetable', your response was due promptly and not later than 12 September.

You are breaking the law.

If I do not receive the requested information in the next 24 hours, a complaint will be sent to the ICO seeking a decision notice and enforcement against you.

Yours sincerely,

P. John

Dear FOI Requests,

As forewarned, a complaint concerning your handling of my FoIA request 'Daniel Morgan Panel: Timetable' (case ref 40731) is now lodged with the ICO.

Yours sincerely,

P. John

Dear FOI Requests,

just a gentle reminder that your response to my FoI request "Daniel Morgan Panel: Timetable" is now a week overdue, and subject to a complaint to the Information Commissioner.

You are presently breaking the law.

Yours sincerely,

P. John

Dear FOI Requests,

another a gentle reminder that your response to my FoI request "Daniel Morgan Panel: Timetable" is now over two weeks late, and subject to a complaint to the Information Commissioner.

You are still breaking the law.

Yours sincerely,

P. John

Dear FOI Requests,

I am still waiting for your response to my FoIA request concerning the Daniel Morgan Independent Panel.

If you continue to ignore my request, I will make a CRIMINAL COMPLAINT under section 77 of the FoIA act.

FoIA Section 77 states;

"Where—
(a)a request for information has been made to a public authority, and
(b)under section 1 of this Act or section 7 of the Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,
any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled. "

I made an FoIA request to the Home Office, which you have acknowledged. I am entitled to receive that information which I requested. Yet you are presently, intentionally, blocking/concealing disclosure of that information. THAT IS A CRIMINAL OFFENCE.

I will not tolerate any further delay.

Yours sincerely,

P. John

P. John left an annotation ()

Alastair Morgan on twitter (@AlastairMorgan)
"BREAKING NEWS: We've been told to expect the report from the Daniel Morgan Independent Panel around March 2017."
https://twitter.com/AlastairMorgan/statu...

P. John left an annotation ()

Request for a s77 prosecution sent to ICO.

Dear FOI Requests,

concerning case ref 40731, this request is presently subject to an existing ICO complaint.

I have written to the ICO today asking that the complaint be considered as a section 77 offence. In the words of the Information Commission the FoIA "makes it an offence for public authorities to act so as to prevent intentionally the disclosure of requested information".

You are intentionally preventing the disclosure of requested information: that is a criminal offence.

Yours sincerely,

P. John

Dear FOI Requests,

please can I draw your attention to my FoI request from 12 August 2016 concerning disclosure of documents and information relating to the Daniel Morgan independent panel.

Your response is now many weeks overdue, subject to an FoI complaint to the ICO, and that complaint includes a FoIA s77 criminal complaint.

The law requires you to disclose information promptly, and no later than 20 days from the request.

Yours sincerely,

P. John

Dear FOI Requests,

please can I draw your attention to my FoI request from 12 August 2016 concerning disclosure of documents and information relating to the Daniel Morgan independent panel.

Your response is long overdue, subject to an FoI complaint to the ICO, and that complaint includes a FoIA s77 criminal complaint.

The law requires you to disclose information promptly, and no later than 20 days from the request.

YOU ARE BREAKING THE LAW.

Yours sincerely,

P. John

Dear FOI Requests,

another week rolls by, and still I have none of the information requested on 12 August.... nor even any indication from you when or if you ever plan to respond to my request (case ref 40731).

Your handling of this matter is the subject of an ICO complaint, including one of criminal misconduct per section 77 of the FoIA. It is an offence to intentionally prevent the disclosure of requested information to which the applicant is entitled.

Provide the requested information I first requested on 12 August, and do so immediately.

Yours sincerely,

P. John

Dear FOI Requests,

your response to my FoI request (Daniel Morgan Panel: Timetable) remains overdue, subject to an FoIA complaint, and a s77 criminal misconduct complaint.

You will recall the information requested in August was as follows;-

1) Confirm or deny that the panel remains on track to complete its remit in Autumn 2016
2) The date when the report will be made available to each of the Morgan family, the Home Secretary, the Prime Minister, the Metropolitan Police, journalists, the alleged murderers, and the general public
3) Whether a process of 'Maxwellisation' will be applied to criticism of police, journalists, and alleged murderers
4) Any project plan, financial performance, or progress report made to the Home Office by the DMIP (as referenced in the Management Statement on the DMIP web site)
5) And finally... the number of times that episodes of the popular Untold Murder Podcast have been downloaded by staff in the Home Office

Provide that information to me immediately. You are breaking the law.

Yours sincerely,

P. John

Dear FOI Requests,

by now you will have received the same decision notice I have before me (FS50646514). The decision notice find in my favour.

It states;
"Decision (including any steps ordered)
1. The complainant requested information relating to the Daniel Morgan Independent Panel.
2. By the date of this notice the Home Office had not responded to the request. The Commissioner’s decision is that, by failing to respond to the request within the statutory time frame of 20 working days, the Home Office breached sections 1(1) and 10(1) of the FOIA.
3. The Commissioner requires the Home Office to issue a response to the request under the FOIA by either complying with section 1(1) or issuing a valid refusal notice as set out in section 17 of the FOIA.
4. The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. "

Please can I also draw your attention to section 77 of the Freedom of Information Act, under which is it a criminal offence to alter, block, destroy or conceal information.

Comply with the Information Commissioners Decision Notice immediately. I will not hesitate to escalate this matter should you fail to comply with this instruction in every detail.

Yours sincerely,

P. John

Dear FOI Requests,

by way of reminder, you are presently subject to a decision notice (FS50646514) issued by the Information Commissioner on 22 November, which stated that;-

"The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. "

YOU MUST COMPLY WITH THE ICO DECISION NOTICE BEFORE MIDNIGHT ON 27 DECEMBER 2016.

Please take particular note; the 24 & 25 December is a weekend, and 26 & 27 December is a UK Bank Holiday. Assuming you are not planning to work over that period, you might wish to expedite your handling of this matter to avoid the *absolute certainty* of a complaint to the ICO on 28 December. In that complaint I will request a written certification to the High Court pursuant to section 54 of the FoIA Act, and you will face a contempt of court ruling.

At 00:00.01 on the 28 December 2016 that complaint will be sitting in the ICO in-box.

Happy Christmas,
Yours sincerely,
P. John

P. John left an annotation ()

ICO complaint sent Wednesday, December 28, 2016 seeking following enforcement actions;-

- Contempt of Court ruling against the Home Office for ignoring a Decision Notice
- Prosecution under section 77 of the Freedom of Information Act for deliberately & unlawfully blocking or concealing information that should be disclosed in response to an FoIA request

P Freeman left an annotation ()

@P-John As this is long overdue you should request an Internal Review and ask for both an answer and an explanation of why they didn't answer in the legally required timescales.

P Freeman left an annotation ()

Oops. Please ignore previous annotation. Don't know why but WDTK didn't show me most of the thread.

P. John left an annotation ()

@P Freeman

No problem. The handling of this request is certainly unusual.

I have never experienced an FoIA request where a department have ignored the terms of the FoIA, and then disregarded the terms of an ICO Decision Notice too.

It doesn't seem a particularly cunning strategy to me.

I hope the next stage of FoIA enforcement will be a little more difficult for the Home Office to evade.

FOI Responses, Home Office

1 Attachment

Dear P John

 

Please find response to your FOI request attached. I apologise for the
delay in response to your request.

 

Kind regards

 

Home Office

 

 

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Dear Home Office,

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

I am writing to request an internal review of Home Office's handling of my FOI request 'Daniel Morgan Panel: Timetable'.

I would be grateful if you would consider the mis-handling of this request in its entirety; the failure to answer my request, the resulting ICO Decision Notice, your beach of the ICO Decision Notice, and the resulting response you supply in lieu of the information originally requested is utterly utterly inadequate.

In particular, I would like you to reconsider your response to q4, which seeks disclosure of;

"4) Any project plan, financial performance, or progress report made to the Home Office by the DMIP (as referenced in the Management Statement on the DMIP web site)"

In your response you tell me the DMIP "will publish project cost information on its website when the Panel has concluded its work". That is not acceptable.

Firstly; you have not confirmed or denied whether such reporting information exists at all (as required by the FoIA). So I would like you to confirm or deny whether the DMIP have furnished the Home Office with the progress reports, financial performance information that is identified in the Management Statement on the DMIP web site.

Secondly. it is not reasonable that the panel should overrun its original plan by twice the timescale, and yet fail to account for the cumulative costs, or estimate future budget requirements. I would like you to disclose that information, before rather than after the process completes.

Incidentally, lest you doubt it, i don't resent a penny of the cost of this investigation. On the contrary I would like to receive satisfactory confirmation that the process is being adequately resourced at every single stage by the Home Office. The extended delay to the DMIP, and your apparent recalcitrance to publish accounts & management reports, strongly suggests that the HO are failing to provide sufficient support for the task to complete. If so I would like the opportunity to petition my MP with sufficient information for him to hold the Home Secretary to account.

Third, you say "the Panel must ensure that the information intended for publication meets the standards and requirements set for publications". I don't recall a 'quality threshold' in the FoIA that allows disclosure of information to be blocked simply because the documents are poorly drafted. I am quite happy to accept poor quality information in response to a FoIA request, rather than receive no information at all.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Please note that - should you fail to complete this FoIA infernal review within the maximum time limit specified by the ICO - you will (without any further notice) be subject to yet another written complaint to the ICO about your handling of this matter.

Yours faithfully,

P. John

FOI Requests, Home Office

P. John,

Thank you for contacting the Home Office with your request.

This Internal Review has been assigned to a caseworker (case ref 40731). We will aim to send you a full response by 08/02/2017 which is twenty working days from the date we received your request.

If you have any questions then please do not hesitate to contact us.

Thank you,

P. Zebedee
FOI Requests
Home Office

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