Death in custody of Michael Lloyd Powell (known as Mikey)

Edward Williams made this Freedom of Information request to West Midlands Police

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

West Midlands Police did not have the information requested.

Edward Williams

Dear West Midlands Police,

1.Provide the IPCC report(s).
2.How much did you pay in damages and costs?
3. How much were you legal costs?
4.Has the 96 page report of lessons learned been published and where can I get a copy?

Yours faithfully,

Edward Williams

Freedom of Information,

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a valid request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
Please note that if your email is a request is for your own personal data
you should make a subject access request to the Data Protection Unit.  You
can do this by completing a WA162 form, which is available on the West
Midlands Police website.  Search the West Midlands Police website for
'Subject Access' or go directly to this page:
[1]https://www.west-midlands.police.uk/abou...
 
If you require further information please contact 101 and ask for the
Freedom of Information Unit.
 
You might find what you are looking for on our website:
[2]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
non-emergency number: 101.
 
In an emergency, for example where life is in danger or a crime in
progress, call 999.

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

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Freedom of Information,

4 Attachments

Dear Mr Williams

 

FOI Request Reference: 008646/19

 

Thank you for your request for information, received 09/05/2019

 

REQUEST

 

Death in custody of Michael Lloyd Powell (known as Mikey)

1. Provide the IPCC report(s).

2. How much did you pay in damages and costs?

3. How much were you legal costs?

4. Has the 96 page report of lessons learned been published and where can
I get a copy?

 

The FOI Act obliges us to respond to requests promptly and in any case no
later than 20 working days after receiving your request. We must consider
firstly whether we can comply with section 1(1) (a) of the Act, which is
our duty to confirm whether or not the information requested is held and
secondly we must comply with section 1(1)(b), which is the provision of
such information.

 

However, when a qualified exemption applies either to the confirmation or
denial, or the provision of the information and the public interest test
is engaged, the Act allows the time for response to be longer than 20
working days, if the balance of such public interest is undetermined. In
this case we have not yet reached a decision on where the balance of the
public interest lies in respect of either of the above obligations.

 

The specific exemption(s) which applies in relation this information are

 

Section 30 – Investigations and Proceedings conducted by public
authorities.

Section 31- Law Enforcement 

 

I apologise for any inconvenience. We aim to provide you with a meaningful
response as soon as possible.

 

ADDITIONAL INFORMATION

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[1]http://foi.west-midlands.police.uk/

 

RIGHT OF APPEAL

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[2]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

If you need any further information please contact me.

 

Yours sincerely,

 

 

Michelle Richardson | Freedom of Information
Corporate Communications | West Midlands Police
T: 101 (ext. 801 2068)

Preventing crime, protecting the public and helping those in need.

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need

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

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Freedom of Information,

6 Attachments

Dear Mr Williams

 

FOI Request Reference: 008646/19

 

Thank you for your request for information, received 09/05/2019

 

REQUEST

 

Death in custody of Michael Lloyd Powell (known as Mikey)

1.Provide the IPCC report(s).

2.How much did you pay in damages and costs?

3. How much were you legal costs?

4.Has the 96 page report of lessons learned been published and where can I
get a copy? 

 

RESPONSE

 

We can confirm that some relevant information is held by West Midlands
Police. However, while the majority of the information is attached to this
email I am afraid that I am not required to release all of the information
requested. Please find attached a redacted document

 

REASONS FOR DECISION

 

Question 1 - No specific recorded information – The force doesn’t hold an
IPCC report  “Death in custody of Michael Lloyd Powell”

Question 2 - This information is exempt by virtue of Section 40 (2)
Personal Information.

Question 3 - The amount paid for legal representation for West Midlands
Police is £125,609

Question 4  - Please see attached, however the redacted information is
exempt by virtue of the following exemptions

 

Section 31 (1) (a) (b) Law enforcement

Section 40 (2) Personal Information 

 

These exemptions and explanatory notes are shown here:

 

[1]https://www.app.college.police.uk/app-co...

 

In line with the above, I am required to complete a Prejudice Test/Public
Interest Test (PIT) on disclosure. Please find this PIT attached

 

Section 40(2) is an absolute and class based exemption if to release the
information exists would breach the third party’s data protection rights. 
In this case to release this personal information would not constitute
fair processing of the data. As this exemption is class based I am not
required to identify the harm in disclosure and in this instance I believe
that the right to privacy outweighs any public interest in release

 

As recommended as good practice by the Information Commissioner’s Office a
version of this response may be published on the West Midlands Police
website.

 

ADDITIONAL INFORMATION

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[2]http://foi.west-midlands.police.uk/

 

RIGHT OF APPEAL

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[3]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

 

Michelle Richardson | Freedom of Information
Corporate Communications | West Midlands Police
T: 101 (ext. 801 2068)

Preventing crime, protecting the public and helping those in need.

[4]If it’s not 999, search WMP Online

[5]Description: Description: twitter icon [6]Description: Description:
Instagram Icon [7]Description: Description: YouTube Icon [8]Description:
Description: Facebook icon

[9]View all our social network links

 

 

Our vision: Preventing crime, protecting the public and helping those in
need

 

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. https://www.app.college.police.uk/app-co...
2. http://foi.west-midlands.police.uk/
3. http://foi.west-midlands.police.uk/revie...
4. website
https://www.west-midlands.police.uk/
5. http://www.twitter.com/wmpolice
6. http://www.instagram.com/westmidlandspol...
7. http://www.youtube.com/westmidlandspolice
8. http://www.facebook.com/westmidlandspolice
9. Social Networks
https://www.west-midlands.police.uk/cont...

Edward Williams

Dear Freedom of Information,

Was there any IPCC report?

If so, disclose it.

Yours sincerely,

Edward Williams

Freedom of Information,

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a valid request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
Please note that if your email is a request is for your own personal data
you should make a subject access request to the Data Protection Unit.  You
can do this by completing a WA162 form, which is available on the West
Midlands Police website.  Search the West Midlands Police website for
'Subject Access' or go directly to this page:
[1]https://www.west-midlands.police.uk/abou...
 
If you require further information please contact 101 and ask for the
Freedom of Information Unit.
 
You might find what you are looking for on our website:
[2]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
non-emergency number: 101.
 
In an emergency, for example where life is in danger or a crime in
progress, call 999.

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. https://www.west-midlands.police.uk/abou...
2. http://foi.west-midlands.police.uk/

Freedom of Information,

Dear Mr Williams

FOI Request Reference: 008646/19

Please refer to the response provided on 2nd July 2019 whereby the force advised of the following:

Question 1 - No specific recorded information – The force doesn’t hold an IPCC report “Death in custody of Michael Lloyd Powell”.

This means that there is no specific recorded information held in relation to this part of your request. The force doesn’t hold an IPCC report “Death in custody of Michael Lloyd Powell” and therefore cannot supply a copy to you.

I hope that this clarifies the matter and is of assistance to you.

COMPLAINT
If you remain dissatisfied with the handling of your request or complaint, you have a right to appeal to the Information Commissioner at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
Website: ico.org.uk

59614 Rebecca Williams l FOI Manager
Lloyd House l West Midlands Police
T: 101 (ext 801 2068)
Preventing crime, protecting the public and helping those in need.
If it’s not 999, search WMP Online

View all our social network links

show quoted sections

Edward Williams

Dear Freedom of Information,

Please supply what reports you do hold, internal and external in relation to the death.

Yours sincerely,

Edward Williams

Freedom of Information,

Dear Mr Edwards

Please be advised that the FOI Act relates to specific recorded information held by an authority. Should you wish to submit a new request for information you will need to be more specific with what it is that you require please. This will assist us to direct your request to the department/s best placed to deal with the request and provide information that is relevant to your query.
Requests for information that is not held in an electronically searchable or retrievable format have to be tasked out to individuals/departments/business owners to try and locate the relevant data and in order for the force to be able to know who to task the request out to, and for them to know what it is that they are trying to retrieve, the force will need to know what they are looking for.
Please be advised that different departments within the force are responsible for different areas of policing and hold different information accordingly, your request for `what reports you do hold, internal and external in relation to the death` is currently too generic to establish what `reports` you refer to and who the query should be routed to.

To enable us to proceed with your request I would be grateful if you could provide clarification as to what reports, or what type of reports, your request relates to within 40 working days of this correspondence. After receiving your reply, your request will be considered and you will receive a response within the statutory timescale of 20 working days, as defined by the Act, subject to the application of any statutory exemptions. If you choose not to respond then your request will be closed.

If you need any further assistance please contact us.

Yours sincerely

Mrs R Williams
59614 Rebecca Williams l FOI Manager
Lloyd House l West Midlands Police
T: 101 (ext 801 2068)
Preventing crime, protecting the public and helping those in need.
If it’s not 999, search WMP Online

show quoted sections

Edward Williams

Dear Freedom of Information,

I want all reports you or the IPCC or IOPC authored regarding his death.

I can't make it simpler than that.

Yours sincerely,

Edward Williams

Freedom of Information,

4 Attachments

Dear Mr Williams

 

FOI Request Reference: 012340/19

 

Thank you for your request for information, received 12/07/2019

 

REQUEST

Subject: Death in custody of Michael Lloyd Powell (known as Mikey)

I want all reports you or the IPCC or IOPC authored regarding his death. 

 

RESPONSE

Please be advised that the information that you have requested is not
available in a readily retrievable format. You have not provided a
specific time parameter that your request covers but this has been assumed
that it would be from the time of Mr Powell`s death in 2003, onwards. You
have also not been able to specify what type of reports your request
relates to in order for the force to be able to focus a search within a
specific business area or department.

Therefore, as previously advised, please be informed that the information
is not held centrally or in an electronically, or any other, searchable or
retrievable format. West Midlands Police currently has approximately 10815
Police Officers and staff and each of these individuals would have be
contacted in order to establish if they held any relevant information in
relation to your request. Therefore the cost of providing you with the
information is above the amount to which we are legally required to
respond i.e. the cost of locating and retrieving the information exceeds
the ‘appropriate level’ as stated in the Freedom of Information (Fees and
Appropriate Limit) Regulations 2004.

In accordance with the Freedom of Information Act 2000, this letter acts
as a Refusal Notice for this request. Contacting serving individuals would
also not account for any individuals that had knowledge of where relevant
information may be held that have left the force in the interim time
period.

However, In accordance with Section 16 of the Act I have a duty to provide
advice and assistance in relation to your request. I have caused a search
of the force e-mail system for the period 07/09/03 – 12/07/19, for e-mails
that contained the name `Mikey Powell`, `Michael Powell`, or `Michael
Lloyd Powell` in order to establish if there was an indication of any
reports held but this returned thousands of results which cannot be read
within the time/fees limit, and so we were not able to locate any useful
information using this method. I have also contacted the Legal Department
and force Custody to ascertain if they held relevant information but they
were only able to provide the `Lesson Learned` report that has already
been supplied to you.

 

In addition, West Midlands Police would like to point out that the Freedom
of Information Act is a piece of legislation which quite rightly opens up
public authorities to greater scrutiny and accountability.

Under the provision of the Act an authority must process a request in
writing from a named applicant under the terms and conditions of the
legislation. Whilst giving maximum support to individuals genuinely
seeking to exercise the right to know, the Commissioner's general approach
will be sympathetic towards authorities where requests can be
characterised as being part of a campaign. When persons make a number of
requests for information that are similar, about the same subject or
repeated, consideration will be given to ascertain if there is evidence of
a pattern of behaviour which could be seen to be obsessive or
unreasonable, especially if the applicant is unclear/non-specific about
the information it is that they require, and If this is found to be the
case the Authority would consider applying the below exemptions to future
similar requests for information:

S12 of the Act ‘exceeds the fees limit’ - by aggregating the costs to the
authority of all the requests made to date

 

S 14 (1) of the Act - by making future requests on the same topic
vexatious

Please be advised that we will now consider the above exemptions in
relation to any further requests that you submit regarding the death in
custody of Mr Michael Powell, these exemptions will also be considered in
relation to any requests submitted by persons who are known to be acting
in consort with yourself. 

 

RIGHT OF APPEAL

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[1]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

Should you have any further enquiries concerning this matter, please write
or telephone the FOI Unit quoting the reference number above

 

Yours sincerely,

 

Mrs R Williams

 

 

59614 Rebecca Williams l FOI Manager

Lloyd House l West Midlands Police

T: 101 (ext 801 2068)

Preventing crime, protecting the public and helping those in need.

[2]If it’s not 999, search WMP Online

[3]twitter icon [4]Instagram Icon [5]YouTube Icon [6]Facebook icon

[7]View all our social network links

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/revie...
2. website
https://www.west-midlands.police.uk/
3. http://www.twitter.com/wmpolice
4. http://www.instagram.com/westmidlandspol...
5. http://www.youtube.com/westmidlandspolice
6. http://www.facebook.com/westmidlandspolice
7. Social Networks
https://www.west-midlands.police.uk/cont...