Office for Police Conduct,

I have made a complaint to Devon & Cornwall police which meets the mandatory requirement for them to refer the complaint to you, but because there is a culture of corruption with Devon and Cornwall police the complaint has not been referred to you.

Under the FOI act can you provide me with your policy for the responsibility you have when a complaint meets the criteria for a mandatory referral to the OPC and the responsibilities of a police force who must make the referral if it meets the mandatory referral criteria.

Efficiently having a mandatory referral policy to refer complaints which forces ignore and the OPC has no legal power to make forces refer mandatory complaints to the OPC is evidence that the OPC is not fit for purpose and the OPC should be wound up as an organisation and the OPC powers transferred to the courts / judicatory to oversee. Judges who are impartial should oversee the complaints process not the OPC

Mr Bourke

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!Request Info, Independent Office for Police Conduct

Dear Mr Bourke

Thank you for your email to the IOPC requesting information. This request is being considered under the Freedom of Information Act 2000 (FOIA). We will now consult with the relevant department to gather the response to your request.

We propose to respond to you on or before the 29 November 2019 in line with the timescales prescribed by the FOIA.

If you have any questions about this request please contact us. Please remember to quote reference number 1007999 in any future correspondence about this request.

Yours sincerely

Independent Office for Police Conduct (IOPC)
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Sale
Manchester
M33 0BW

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1 Attachment

Dear Mr Bourke

Please find attached our response to your request for information of 2 November 2019.

Please quote our reference 1007999 in any further correspondence.

Yours sincerely

Freedom of Information & Data Protection
Independent Office for Police Conduct
PO Box 473
Sale
M33 0BW

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OPC

In relation to your below statement. Have you evidence to prove that the referral did not meet the mandatory referral. The OPC statutory guidance is very clear on the criteria for a mandatory referral,
It is not a opinion, it is fact that the referral meet the mandatory criteria, if you have evidence to prove that the referral did not meet the mandatory referral criteria then publish your evidence on-line in response to this what to they know request.

(to the options available to a member of the public who believes that a police force has failed to make a mandatory referral to the IOPC)

In relation to your below statement. Mandatory means nothing as the OPC may or may not require a complaint to be referred, once they become aware that the complaint meets the mandatory referral criteria to be called in 

(Under paragraphs 4(1)(c) and 13(1)(c) of Schedule 3 to the PRA, the IOPC can require that a complaint or conduct matter be referred to it and, on being notified of this requirement, the police force will be under a duty to make the referral to the IOPC. This power to ‘call in’ a referral applies regardless of whether or not the matter falls within the criteria for mandatory referral. The IOPC can consider this power only when we become aware of a matter in which its use may be appropriate.)

In relation to your below statement. This is your opinion on the reasons the OPC do not call in a referral. I think you will find there are many other reasons the OPC do not call in a referral which you have not disclosed.

(If a matter has not been referred and the IOPC is of the opinion that the mandatory referral criteria were met then we may not automatically require a referral. A number of things may impact this decision including the passage of time and whether the matter has already been investigated to the IOPC's satisfaction. The IOPC will however provide feedback and learning for the force to ensure that the mandatory referral criteria are adhered to in the future.)

I am going to assume even though you have not disclosed this response that Paragraph 4 of Schedule 3 to the Police Reform Act 2002 (PRA) requires police forces to refer to the IOPC any complaints which allege the conduct has resulted in death or serious injury (paragraph 4(1)(a)) and any complaints meeting the description in Regulation 4 of the Police (Complaints and Misconduct) Regulations 2012 also gives me the lawful right to bring the IOPC’s attention and ask for the OPC to consider exercising our power to call it in. 

Mr Bourke

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Francis Kadre left an annotation ()

"The [Police Reform Act] does not provide any mechanism for a complainant or person affected by a conduct matter to formally appeal a force’s decision not to refer to the IOPC, or to request the IOPC to use the call in power..... If the force refuses to refer the matter, and the complainant or interested person believes there are good grounds to argue that the mandatory referral criteria were in fact met, they could challenge that decision by way of judicial review."

This is dealt with in the document here (particularly paragraph 7)
https://tinyurl.com/vamxfcs

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Dear Mr Bourke

Thank you for your email to the IOPC requesting information. This request is being considered under the Freedom of Information Act 2000 (FOIA). We will now consult with the relevant department to gather the response to your request.

We propose to respond to you on or before the 3 January 2020 in line with the timescales prescribed by the FOIA.

If you have any questions about this request please contact us. Please remember to quote reference number 1008086 in any future correspondence about this request.

Yours sincerely

Independent Office for Police Conduct (IOPC)
PO Box 473
Sale
Manchester
M33 0BW

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!Request Info, Independent Office for Police Conduct

1 Attachment

Dear Mr Bourke

Please find attached to this email our response to your request of 30 November 2019.

Yours sincerely

Freedom of Information & Data Protection Team
Independent Office for Police Conduct
PO Box 473
Sale
M33 0BW

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OPC

Thank you for your response; but I will not have a private email exchange with you. I can't understand why you want to have a private email exchange with me that the public cannot see.

The OPC has failed in its duty of care to call in a Mandatory referral.

I know I will not achieve justice; I am not naive enough to think I will, but if I can expose the OPC for failing in their duty of care to call in a mandatory referral, I have succeeded. The OPC were copied into an email which meets the mandatory referral criteria on Saturday, the 17 February 2018, at 23:04:19

I also emailed the OPC asking the OPC to call in a mandatory referral on the 29 November 2019 19:49 I have had no response to my emails.

Be under no illusion if OPC staff had a legal duty to call in a mandatory referral and you had failed to do this; I would report OPC staff for Misconduct in Public Office, which carries a maximum sentence of life imprisonment, below is the CPS guidance.

https://www.cps.gov.uk/legal-guidance/mi...

This is not a general discussion as you allege or an argument. I am simply exposing the OPC for failing in their duty of care.

All the information is already in recorded form or are you alleging not to hold the emails that I sent the OPC?

As regards informing me that you believe the What do they know website would suspend my account, as you are alleging my FOI is for ''general correspondence with public authorities, and certainly not for correspondence about your own personal circumstances'' When in fact my FOI request dated the 30th November 2091, was asking the OPC to clarify their response, and secondly my FOI query dated the 30th November 2019 was asking under the FOI act the full list of reasons the OPC do not call in a mandatory referral that you are made aware of?

For information purposes only the what do they know website is full of courageous staff who want people to know the Truth. The What do they know staff supported Martin McGartland fight for the Truth.

https://www.whatdotheyknow.com/user/mart...

Mr Bourke

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!Request Info, Independent Office for Police Conduct

Dear Mr Bourke

Thank you for your email of 2 January 2020.

Your request of 30 November asks the IOPC to provide evidence to prove that a particular matter in which you appear to be involved did not meet the mandatory referral criteria.

The difference between this and the previous requests we have received from your WhatDoTheyKnow account is that your previous requests could be answered solely in reference to general principles, whereas your most recent request could not be answered without reference to details of the matter to which you refer. This would mean that we would have to enter into a dialogue with you about the matter in question and we are not prepared to do this via the WhatDoTheyKnow platform for the reasons given.

You refer to an email that you sent on 29 November to which you have not received any reply. We have visited the WhatDoTheyKnow web site and note that no messages were sent to the IOPC from the G Bourke account on that day. We note, however, that your email received on 30 November, to which we responded on 2 January, was received by us at 02:21 which could suggest that it was sent on the day before.

We repeat that you are welcome to contact us in person to discuss your concerns, using the details provided in our letter of 2 January 2020.

Yours sincerely

Freedom of Information & Data Protection
Independent Office for Police Conduct
PO Box 473
Sale
M33 0BW

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OPC

Thank you for your response, for clarity the emails I sent on the 17 February 2018, at 23:04:19 and on the 29 November 2019 19:49 were sent to the below email address; an OPC email address

enquiries @ policeconduct.gov.uk

Both my emails evidence that the OPC were made aware of complaint that met the mandatory referral criteria and the OPC Failed in it duty of care, I have provided below the mandatory referral criteria and a link to the IOPC website.

Appropriate authorities must refer to the IPCC recordable conduct matters which:
• relate to any incident or circumstances in or in consequence of which a person has died or suffered serious injury; • fall within the mandatory referral criteria (see below);or • the IPCC notifies the appropriate authority that it requires the matter to be referred regardless of whether the conduct matter is already being investigated by any person or the IPCC has considered it previously.
However, a conduct matter that has already been referred to the IPCC does not have to be referred again unless the IPCC so directs.
Paragraph 13, Schedule 3, Police Reform Act 2002
8.4 Appropriate authorities should notify the IPCC

https://policeconduct.gov.uk/sites/defau...

Under the FOI act can I now ask a NEW FOI request.

Can you provide a list of ALL of the reasons the OPC do not call in a mandatory referral again I am not asking for an example of some of the reasons the OPC do not call in a mandatory referral, I am asking for the list of all of the reasons the OPC do not call in a mandatory referral.

Mr Bourke

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!Request Info, Independent Office for Police Conduct

Dear Mr Bourke

Thank you for your email to the IOPC requesting information. This request is being considered under the Freedom of Information Act 2000 (FOIA). We will now consult with the relevant department to gather the response to your request.

We propose to respond to you on or before the 7 February 2020 in line with the timescales prescribed by the FOIA.

If you have any questions about this request please contact us. Please remember to quote reference number 1008173 in any future correspondence about this request.

Yours sincerely

Independent Office for Police Conduct (IOPC)
PO Box 473
Sale
Manchester
M33 0BW

www.policeconduct.gov.uk
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!Request Info, Independent Office for Police Conduct

1 Attachment

Dear Mr Bourke

Please find attached our response to your request of 10 January 2020.

Please quote our reference 1008173 in any further correspondence.

Yours sincerely

Freedom of Information & Data Protection Team
Independent Office for Police Conduct
PO Box 473
Sale
M33 0BW

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OPC

Do you hold a record of my email sent on the

17 February 2018, at 23:04:19 to the OPC general enquires email inbox

Informing your organisation of serious harm coming to a vulnerable adult which meets the mandatory criteria to the OPC

Mr Bourke
In memory of
Logan Peters
Thomas Orchard
The Birmingham six
The Guildford Four
Hillsborough 96

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!Request Info, Independent Office for Police Conduct

Dear G Bourke

Thank you for your email of 7 February 2020 in which you enquire about an email you sent to the IOPC in February 2018. We note that your earlier email was not sent from your WhatDoTheyKnow account.

We would repeat that if you wish to correspond with us about a matter in which you are personally involved you should do so by means of a private email or other address, preferably the address you used in the earlier correspondence to which you refer. This will enable us to identify you with that correspondence and contact you without our response being automatically published on the WhatDoTheyKnow web site.

As we have explained before, your continued pursuit of these matters by means of the WhatDoTheyKnow platform is contrary to the policy of that website and may result in your account being suspended by the site administrator.

Yours sincerely

Freedom of Information & Data Protection Team
Independent Office for Police Conduct
PO Box 473
Sale
M33 0BW

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OPC

I am exposing the fact that your organisation FAILED in its duty of care to protect a vulnerable adult, you were informed twice of serious harm coming to a vulnerable adult and your organisation did nothing.
I asked, did you receive two emails I sent you, one on the 29th November 2019, unsurprisingly you only respond on one email saying that you did not receive the email I sent on the 29th November 2018, did you make a mistake getting the year wrong ???? When I ask about the second email the shutters come down. Your organisation received both the emails I sent you and your organisation was made aware of serious harm coming to a vulnerable adult and did nothing.

Every complaint I have made to the OPC has been covered up by OPC investigation staff, so why would I want to waste my time complaining to the OPC when I already know the outcome. ''The police did nothing wrong'' lies I say.

The point is by asking FOI requests I expose your organisation failure to call in a referral when your organisation was made aware twice of serious harm coming to a vulnerable adult. Your organisation failed in its duty of care.

If I send private emails your organisation covers up police corruption, it is a little more difficult on a public website.

Mr Bourke
p.s. How many people read this website.

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