DNA Database ...

Martin McGartland (Account suspended) 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).

Martin McGartland (Account suspended)

Dear Metropolitan Police Service (MPS),

Under FOIA please supply me with all recorded information held by Metropolitan Police Service concerning following;

1. Metropolitan Police Service policies and practices concerning DNA, DNA entered onto the National DNA Database (NDNAD).

2. National policies and practices concerning DNA, DNA entered onto the National DNA Database (NDNAD).

3. Both Metropolitan Police Service and National polices, practices concerning when there has been a match and or a close match identified from the DNA and or crime stain on National DNA Database (NDNAD).

4. Metropolitan Police Service review policy concerning undetected cold cases when DNA has been recovered in serious crime cases (including attempted murder) how Metropolitan Police Service deal with such cases, how NP ensure each case has undergone a suitable review/s.

5. Are there any circumstances when DNA samples, for whatever reason/s, are not uploaded by Metropolitan Police Service to NDNAD, including those which relate to serious crime (including attempted murder).

6. Regards 5 above, how many times during past 10 years have Metropolitan Police Service not been able (for whatever reason/s) to upload a DNA sample connected to serious crime (including attempted murder, murder) onto the
NDNAD. Please also explain reason/s for why any sample/s were not uploaded.

7. How often do Metropolitan Police Service check NDNAD against DNA sample/s they hold concerning serious crime (including attempted murder) when DNA has been recovered and when such case/s remain unsolved.

Yours faithfully,

Martin McGartland

Metropolitan Police Service (MPS)

Dear Mr McGartland

Freedom of Information Request Reference No: 2013070000038
I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 29/06/2013.  I note
you seek access to the following information:

Under FOIA please supply me with all recorded information held by
Metropolitan Police Service concerning following;

 1. Metropolitan Police Service policies and practices concerning DNA, DNA
entered onto the National DNA Database (NDNAD).
 2. National policies and practices concerning DNA, DNA entered onto the
National DNA Database (NDNAD).
 3. Both Metropolitan Police Service and National polices, practices
concerning when there has been a match and or a close match identified
from the DNA and or crime stain on National DNA Database (NDNAD).
 4. Metropolitan Police Service review policy concerning undetected cold
cases when DNA has been recovered in serious crime cases (including
attempted murder) how Metropolitan Police Service deal with such
cases, how NP ensure each case has undergone a suitable review/s.
 5. Are there any circumstances when DNA samples, for whatever reason/s,
are not uploaded by Metropolitan Police Service to NDNAD, including
those which relate to serious crime (including attempted murder).
 6. Regards 5 above, how many times during past 10 years have Metropolitan
Police Service not been able (for whatever reason/s) to upload a DNA
sample connected to serious crime (including attempted murder, murder)
onto the NDNAD. Please also explain reason/s for why any sample/s were
not uploaded.
 7. How often do Metropolitan Police Service check NDNAD against DNA
sample/s they hold concerning serious crime (including attempted
murder) when DNA has been recovered and when such case/s remain
unsolved.

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, subject to
the information not being exempt or containing a reference to a third
party.  In some circumstances the MPS may be unable to achieve this
deadline.  If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

Catherine Carrington
SC&O Information Manager
Freedom of Information Compliance
Specialist Crime & Operations (SC&O)
Metropolitan Police Service
020 7230 9962
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
Public Access Office
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.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

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: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Martin McGartland (Account suspended)

Dear Metropolitan Police Service (MPS),

By law, Metropolitan Police Service (MPS) should have responded promptly and by no later than 29 July 2013. I would like your reply by return.

Yours faithfully,

Martin McGartland

Metropolitan Police Service (MPS)

Dear Mr McGartland

Freedom of Information Request Reference No: 2013070000038

I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 29/06/2013.  I note
you seek access to the following information:

Under FOIA please supply me with all recorded information held by
Metropolitan Police Service concerning following;
1.        Metropolitan Police Service policies and practices concerning
DNA, DNA entered onto the National DNA Database (NDNAD).
2.        National policies and practices concerning DNA, DNA entered onto
the National DNA Database (NDNAD).
3.        Both Metropolitan Police Service and National polices, practices
concerning when there has been a match and or a close match identified
from the DNA and or crime stain on National DNA Database (NDNAD).
4.        Metropolitan Police Service review policy concerning undetected
cold cases when DNA has been recovered in serious crime cases (including
attempted murder) how Metropolitan Police Service deal with such cases,
how NP ensure each case has undergone a suitable review/s.
5.        Are there any circumstances when DNA samples, for whatever
reason/s, are not uploaded by Metropolitan Police Service to NDNAD,
including those which relate to serious crime (including attempted
murder).
6.        Regards 5 above, how many times during past 10 years have
Metropolitan Police Service not been able (for whatever reason/s) to
upload a DNA sample connected to serious crime (including attempted
murder, murder) onto the NDNAD. Please also explain reason/s for why any
sample/s were not uploaded.
7.        How often do Metropolitan Police Service check NDNAD against DNA
sample/s they hold concerning serious crime (including attempted murder)
when DNA has been recovered and when such case/s remain unsolved.

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information

I am sorry for not updating you as to the progress of your request.  

I am writing you today, to inform you that a response will be sent to you
by 11/04/2014.

May I apologise for any inconvenience caused.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

Catherine Carrington
SC&O Information Manager
Freedom of Information Compliance
Specialist Crime & Operations (SC&O)
Metropolitan Police Service
020 7230 9962
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
Public Access Office
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.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

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: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Mr McGartland

Freedom of Information Request Reference No: 2013070000038

I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 29/06/2013.  I note
you seek access to the following information:

Under FOIA please supply me with all recorded information held by
Metropolitan Police Service concerning following;
1.        Metropolitan Police Service policies and practices concerning
DNA, DNA entered onto the National DNA Database (NDNAD).
2.        National policies and practices concerning DNA, DNA entered onto
the National DNA Database (NDNAD).
3.        Both Metropolitan Police Service and National polices, practices
concerning when there has been a match and or a close match identified
from the DNA and or crime stain on National DNA Database (NDNAD).
4.        Metropolitan Police Service review policy concerning undetected
cold cases when DNA has been recovered in serious crime cases (including
attempted murder) how Metropolitan Police Service deal with such cases,
how NP ensure each case has undergone a suitable review/s.
5.        Are there any circumstances when DNA samples, for whatever
reason/s, are not uploaded by Metropolitan Police Service to NDNAD,
including those which relate to serious crime (including attempted
murder).
6.        Regards 5 above, how many times during past 10 years have
Metropolitan Police Service not been able (for whatever reason/s) to
upload a DNA sample connected to serious crime (including attempted
murder, murder) onto the NDNAD. Please also explain reason/s for why any
sample/s were not uploaded.
7.        How often do Metropolitan Police Service check NDNAD against DNA
sample/s they hold concerning serious crime (including attempted murder)
when DNA has been recovered and when such case/s remain unsolved.

This response is to inform you that it will not be possible to respond to
your request within the cost threshold.  

Once part of the request goes over cost the whole request is exempt by
virtue of section 12 and there is no obligation to answer any part of the
request therefore, In accordance with the Freedom of Information Act 2000
(the Act) this response acts as a Refusal Notice for the whole of your
request under Section 12 (1).

Please see the Legal Annex for all sections of the Act referred to in this
response.

In order to establish what information is held by the MPS in accordance
with this request, would require the locating, retrieving and reviewing of
all case files during the past 10 years in order to identify which cases
answers this request in respects of the DNA information sought.  We
estimate that the cost of complying with this request would exceed the
appropriate limit. The appropriate limit has been specified in regulations
and for agencies outside central Government; this is set at £450.00.  
This represents the estimated cost of one person spending 18 hours [at a
rate of £25 per hour] in determining whether the MPS holds the
information, and locating, retrieving and extracting the information.

In accordance with the Act this response acts as a Refusal Notice.

Section 17(5) of the Act provides:

(5) A public authority which, in relation to any request for information,
is relying on a claim that section 12 or 14 applies must, within the time
for complying with section 1(1), give the applicant a notice stating that
fact.

Section 12(1) of the Act provides:

(1) Section 1 does not oblige a public authority to comply with a request
for information if the authority estimates that the cost of complying with
the request would exceed the appropriate limit.

Section 16 of the Act provides:

(1) It shall be the duty of a public authority to provide advice and
assistance, so far as it would be reasonable to expect the authority to do
so, to persons who propose to make, or have made, requests for information
to it.

(2) Any public authority which, in relation to the provision of advice or
assistance in any case, conforms with the code of practice under section
45 is to be taken to comply with the duty imposed by subsection (1) in
relation to that case.

I have provided you with a link to information you may find useful about
the National DNA database.
https://www.gov.uk/government/policies/h...

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Should you have any further enquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

Catherine Carrington
SC&O Information Manager
Freedom of Information Compliance
Specialist Crime & Operations (SC&O)
Metropolitan Police Service
020 7230 9962
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
Public Access Office
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.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

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: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Martin McGartland (Account suspended)

Dear Metropolitan Police Service (MPS),

I first made this request on 13 June 2013. Please explain why it has been ignored and delayed for the past 10 months.

Also, given the delay, I am making a complain concerning the delay, the failure to deal correctly with my request. Please ensure that this is dealt with as a complaint and I look forward to hearing from you when that has been investigated. I am also taking the matter to the ICO after I have heard from you.

I am not at this stage requesting an Internal review. You claim that you can't deal with my request because you say that it is over the cost limit. However, you have given no detail at all of what the cost/s would be to deal with my request. I am requesting that you supply me with full details, breakdown of what you believe the cost would be to deal with my request. It seams to me that you are simply attempting to fob me off and that you are not supplying me with any information at all to back up your claims.

I await your reply.

Yours faithfully,

Martin McGartland

Metropolitan Police Service (MPS)

Dear Mr. McGARTLAND

Freedom of Information Request Reference No: 2014040002348

I write in connection with your request for a review of the original MPS
decision relating to 2013070000038 which was received by the Metropolitan
Police Service (MPS) on 28/04/2014.  

Your request for a review will now be considered in accordance with the
Freedom of Information Act 2000 (the Act).  You will receive a response to
your request for a review of the original MPS case within a timescale of
20 working days.  In some circumstances the MPS may be unable to achieve
this deadline.  If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Yours sincerely

FOIA Team
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
Public Access Office
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.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

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: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear  Mr. McGartland

Freedom of Information Request Reference No: 2014040002348

Further to our letter of 28 April 2014  I have unfortunately been unable
to meet the response time provided to you in relation to your original
case number 2013070000038.

The MPS aim to complete internal reviews within 20 working days or in
exceptional cases within 40 working days. This is based upon guidance
issued by the Information Commissioner in relation to reasonable
timescales for the internal review process.

All requests and internal reviews are dealt with on a case-by-case basis.
The internal review is intended to provide a fair and thorough review of
handling issues and of decisions taken pursuant to the Act, including
decisions taken about where the public interest lies in respect of exempt
information. It should enable a fresh decision to be taken on a
reconsideration of all the factors relevant to the request. For this
reason, as far as is practicable, FoIA Internal Reviews within the MPS are
conducted by individuals that have had no connection to the initial
handling of a request to facilitate a fresh look at the circumstances of a
request.

In this instance it has not been possible to provide you with a response
to your complaint within our target timescale.

The review is currently ongoing and I hope to respond to you by the 25
June 2014.

Should there be any further delay, I will update you as soon as possible.

Yours sincerely

Mike Lyng

FOIA Quality and Assurance Advisor

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
Public Access Office
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.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

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: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Martin McGartland (Account suspended)

Martin McGartland

03 June 2014

Dear Metropolitan Police Service (MPS),

I first made this request on the 29 of June 2013. That is not a typo, 2013 - almost 1 year ago. You are now claiming that: "The MPS aim to complete internal reviews within 20 working days or in exceptional cases within 40 working days. This is based upon guidance
issued by the Information Commissioner in relation to reasonable timescales for the internal review process."

If I did not get a reply to this request by return I can confirm that I WILL be making a complaint to both MPS and also the ICO. I will be making a complaint to the ICO concerning how the request has been deliberately delayed because corrupt individuals within MPS are conspiring and colluding with Bent , Corrupt Cops at Northumbria Police HQ and as a result are deliberately concealing non-exempt recorded information. You will be well aware that you, MPS are breaking the law.

You have not given any type of explanation as to why you can't deal with such a simple, straightforward request within 20 working days, In fact, you have given no explanation at all. You are very well aware the the ICO are very clear. FOI requests must be dealt with within 20 working days unless they are 'exceptional' cases. This request could NOT be regarded, even by MPS, as 'exceptional'.

Yours faithfully,

Martin McGartland

Metropolitan Police Service (MPS)

Thank you for your email, I am currently out of office until 4/6/14

If your enquiry is urgent please re-send your email to [email address]

This email has not been auto-forwarded.
 
 

Total Policing is the Met's commitment to be on the streets and in your communities to catch offenders, prevent crime and support victims. We are here for London, working with you to make our capital safer.

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: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Mr. McGartland

Freedom of Information Request Reference No: 2014040002348

I write in connection with your correspondence dated 26th April 2014
requesting the MPS to review its decision in relation to your request for
information (reference 2013070000038). Please find below a response to
your complaint.

Original Request

Under FOIA please supply me with all recorded information held by
Metropolitan Police Service concerning following;

1.        Metropolitan Police Service policies and practices concerning
DNA, DNA entered onto the National DNA Database (NDNAD).

2.        National policies and practices concerning DNA, DNA entered onto
the National DNA Database (NDNAD).

3.        Both Metropolitan Police Service and National polices, practices
concerning when there has been a match and or a close match identified
from the DNA and or crime stain on National DNA Database (NDNAD).

4.        Metropolitan Police Service review policy concerning undetected
cold cases when DNA has been recovered in serious crime cases (including
attempted murder) how Metropolitan Police Service deal with such cases,
how NP ensure each case has undergone a suitable review/s.

5.        Are there any circumstances when DNA samples, for whatever
reason/s, are not uploaded by Metropolitan Police Service to NDNAD,
including those which relate to serious crime (including attempted
murder).

6.        Regards 5 above, how many times during past 10 years have
Metropolitan Police Service not been able (for whatever reason/s) to
upload a DNA sample connected to serious crime (including attempted
murder, murder) onto the NDNAD. Please also explain reason/s for why any
sample/s were not uploaded.

7.        How often do Metropolitan Police Service check NDNAD against DNA
sample/s they hold concerning serious crime (including attempted murder)
when DNA has been recovered and when such case/s remain unsolved.

MPS response (summarised)

In order to establish what information is held by the MPS in accordance
with this request, would require the locating, retrieving and reviewing of
all case files during the past 10 years in order to identify which cases
answers this request in respects of the DNA information sought.  We
estimate that the cost of complying with this request would exceed the
appropriate limit. Section 16 of the Act provides: (1) It shall be the
duty of a public authority to provide advice and assistance, so far as it
would be reasonable to expect the authority to do so, to persons who
propose to make, or have made, requests for information to it.

I have provided you with a link to information you may find useful about
the National DNA database.

https://www.gov.uk/government/policies/h...

Request for review

I first made this request on 13 June 2013. Please explain why it has been
ignored and delayed for the past 10 months.  

Also, given the delay, I am making a complain concerning the delay, the
failure to deal correctly with my request. Please ensure that this is
dealt with as a complaint and I look forward to hearing from you when that
has been investigated. I am also taking the matter to the ICO after I have
heard from you.

I am not at this stage requesting an Internal review.  You claim that you
can't deal with my request because you say that it is over the cost limit.
However, you have given no detail at all of what the cost/s would be to
deal with my request. I am requesting that you supply me with full
details, breakdown of what you believe the cost would be to deal with my
request.  It seams to me that you are simply attempting to fob me off and
that you are not supplying me with any information at all to back up your
claims.

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to uphold the original decision to engage section 12(1) Freedom of
Information Act 2000 (FoIA) where the cost of compliance with your request
exceeds the appropriate threshold.  Further details of the FoIA can be
found by way of this link:
http://www.legislation.gov.uk/ukpga/2000...

In addition the review acknowledges the delay to you receiving a response
to your request for information.

Review decision in regards to delay in dealing with original request

The review takes note of your comment in your correspondence ‘I first made
this request on 13 June 2013. Please explain why it has been ignored and
delayed for the past 10 months.  Also, given the delay, I am making a
complain concerning the delay, the failure to deal correctly with my
request. Please ensure that this is dealt with as a complaint and I look
forward to hearing from you when that has been investigated.’ It can be
seen that your request for information was received by the MPS on the 29th
June 2013 and therefore a response should have been sent by the 26 July
2013 but was not sent until the 22 April 2014.

In this regard I can advise you that the statutory time limit for
responding to a request under the FoIA is set out in Section 10(1) which
states that a public authority must comply with section 1 (1) promptly and
in any event not later than the twentieth working day following the date
of receipt.  Therefore, a public authority must inform the applicant in
writing whether it holds the information requested and if so, communicate
that information to the applicant, promptly, but not later than 20 working
days after receipt of the request.

Whilst the review could find no specific reason for the delay in this
instance a failure to respond to your request within the time limit is a
breach of section 10(1) of the FoIA.

I would like to take this opportunity to apologise for the delay you have
experienced and for any inconvenience caused by our failure to process
your request correctly.  

Review decision in regards to original request for information

The review takes note of your comment ‘I am not at this stage requesting
an Internal review’ and later ‘It seams to me that you are simply
attempting to fob me off and that you are not supplying me with any
information at all to back up your claims.’ For this reason the MPS has
dealt with your correspondence as a review of the initial handling and
decision reached in the original response.

Information held by public authorities

I would like to provide you with some assistance on access to information
held by a public authority. Section 16 of the FoIA provides an obligation
for a public authority to provide advice and assistance to a person making
a request, so far as it would be reasonable to do so. I thought it might
be useful to you if I clarified that requests for information under the
Freedom of Information Act are for information held by a public authority
at the time a request is made.  

Section 8 of the FoIA sets out the criteria for a request to be valid
under the Act. The criteria are that the request must be made in writing,
be legible, contain the name and address of the applicant, and describes
the information requested.  In Section 84(c) of the FoIA, ‘information’ is
further defined as ‘information recorded in any form’.

The Information Commissioner’s Office (ICO) has published guidance on this
issue and states ‘The FOIA and the EIR apply to information held by public
authorities. They do not have to create new information to respond to
requests. A public authority is not creating new information where:
• it presents information it holds in the form of a list or schedule;
• compiling an answer to a request involves simple manual manipulation of
information held in files; or,
• it extracts information from an electronic database by searching it in
the form of a query.’

Therefore a public authority is not required to create new information or
provide opinion in order to respond to a request, unless it is already
contained within documents or other recorded form.  The ICO confirms this
point with advice on accessing information held by a public authority
under the FOIA and makes the following comment ‘Under the Freedom of
Information Act and the Environmental Information Regulations you have a
right to request any recorded information held by a public authority, such
as a government department, local council or state school. Environmental
information requests can also be made to certain non-public bodies
carrying out a public function. ‘You can ask for any information you think
a public authority may hold. The right only covers recorded information
which includes information held on computers, in emails and in printed or
handwritten documents as well as images, video and audio recordings.’
Further advice on accessing information from a public authority can be
found by way of this link
http://www.ico.org.uk/for_the_public/off...

In regards to your questions concerning National policies, the review
acknowledges the link provided to you by way of assistance, in the
original MPS response, namely
https://www.gov.uk/government/policies/h...
, which states The Home Office is responsible for operating and
maintaining the National DNA Database, while the National DNA Database
Strategy Board oversee it. The Home Office is also responsible for
accrediting all the scientific laboratories that analyse DNA samples.
Therefore questions concerning national policies would not necessarily be
information held by the MPS as a public authority.

Aggregation of requests

The review is satisfied that the secondary legislation relevant in this
case is Section 5 The Freedom of Information and Data Protection
(Appropriate Limit and Fees) Regulations 2004 which states ‘two or more
requests for information made to a public authority (a) by one person …
can be aggregated when estimating the cost of compliance’. Further details
of this Regulation can be found by way of this link:
http://www.legislation.gov.uk/uksi/2004/...

The Information Commissioner’s Office (ICO) guidance states ‘Regulation
5(2) of the Fees Regulations require that the requests which are to be
aggregated relate “to any extent” to the same or similar information.  A
public authority needs to consider each case on its own facts but requests
are likely to relate to the same or similar information where, for
example, the requestor has expressly linked the requests , or where there
is an overarching theme or common thread running between the requests in
terms of the nature of the information that has been requested.’

The ICO therefore clarifies that a public authority should ensure that
each request can be aggregated in accordance with the conditions laid out
in the fees regulations.  All of your questions relate to the same
overarching theme of DNA and therefore the review is satisfied the whole
request can be aggregated for the purpose of cost threshold.  

Appropriate threshold

Section 12(1) of the FoIA provides that subsection (1) does not oblige a
public authority to comply with a request for information if the authority
estimates that the cost of complying with the request would exceed the
appropriate limit. In this respect the review has returned to your
original request in which you have requested information concerning DNA
policies and practices.

The ICO guidance in respect of the use of Section 12 suggests that if one
portion of the whole request exceeds cost (for example, one question out
of seven, then the entire request does and following this it is incumbent
upon the Public Authority to engage with the applicant in order to bring
the request within cost. This is supported by ICO Decision Notice
FS50194062 (paragraph 24) where the ICO was of the opinion that ‘where the
appropriate limit is exceeded the public authority should advise the
applicant what information could be provided within the cost limit. In
this way the applicant has the chance to choose what element of the
request he wants to focus on.’  The decision notice can be found by way of
this link:
http://www.ico.gov.uk/upload/documents/d...
 

The ICO further advises on using the Fees regulations that ‘Section 12
makes it clear that a public authority does not have to make a precise
calculation of the costs of complying with a request.  Only an estimate is
required ... what amounts to a reasonable estimate can only be considered
on a case by case basis.'  The ICO also states 'where a reasonable
estimate has been made that the appropriate limit would be exceeded, there
is no requirement for a public authority to undertake work up to the
limit.’  

The ICO reminds public authorities ‘Regulation 4(3) of the Fees
Regulations states that a public authority can only take into account the
cost it reasonably expects to incur in carrying out the following
permitted activities in complying with the request:

·        Determining whether the information is held;
·        Locating the information, or document containing it;
·        Retrieving the information, or a document containing it; and
·        Extracting the information from a document containing it.’

The review has noted your comments in your correspondence ‘However, you
have given no detail at all of what the cost/s would be to deal with my
request. I am requesting that you supply me with full details, breakdown
of what you believe the cost would be to deal with my request.’

In this regard the review can see that you have been provided with the
following advice and assistance by the Information Manager dealing with
your original request, namely ‘I have provided you with a link to
information you may find useful about the National DNA database.
https://www.gov.uk/government/policies/h...

Whilst the link is useful in explaining the National policy the review
acknowledges that additional advice and assistance could have been
provided to advise you how to narrow your request. For this reason then
the review has made further enquiries in regards to the type of
information you are seeking and has established the information you are
seeking is not held in the format you have requested, therefore a member
of police staff would have to manually read thousands of records over the
10 year time frame you have requested in relation to question 6.  

To provide you with some assistance on the extent of the work involved the
review has been advised, in order to establish how many samples have not
been loadable for the past 10 years, would require investigating each and
every relevant case to ascertain whether all the DNA samples recovered
have a loadable profile or not.  This process would entail determining if
a profile has been generated but was not of sufficient quality to load
permanently to the NDNAD. This data feed merely tells us if a profile was
loadable or not or if it was a mixture. Further searches would then have
to be undertaken by the contracted Forensic service Providers and these
results would in turn have to be uploaded onto a separate MPS database.
These partial profiles enquiries would take up to one day for each year of
the enquiry, which equates to approximately 80 hours for this part of the
process alone. Further reports would then have to be run, including data
integrity checks. Only then could a member of police staff start to
manually read each case files and Crime Reporting Information System
(CRIS) to locate and extract the information you are seeking for this part
of your request alone, and would clearly exceed the appropriate threshold
of 18 hours under the FoIA in order to locate and extract the information
relevant to your request.  This estimation does not include the time for
the remaining part of your request. The review is therefore satisfied that
the cost of complying with your request, which has been made under the
Freedom of Information Act, will exceed the 18 hour appropriate time limit
stipulated under the FoIA. Under the FoIA a public authority is not
required to undertake such work up to the 18 hours limit.

Section 16 Advice and Assistance

ICO Decision Notice FS50194062
http://www.ico.gov.uk/upload/documents/d...
 it states ‘…if a public authority provides an indication of what, if any,
information could be provided within the costs limit it will have complied
with the requirements of the Code of Practice and therefore section 16(1)
of the Act.’ The review is aware that you have been provided with a link
to the National DNA Database. However to provide you with further
assistance in respect of each of your questions, the review can advise the
following:
 
Questions 1, 2 ,3 , 5 and 7. The FoIA permits access to information held
by a public authority to which a request is made. As mentioned above, in
regards to your questions concerning National policies, the review
acknowledges the link provided to you by way of assistance, in the
original MPS response, namely
https://www.gov.uk/government/policies/h...
, which states The Home Office is responsible for operating and
maintaining the National DNA Database, while the National DNA Database
Strategy Board oversee it. The Home Office is also responsible for
accrediting all the scientific laboratories that analyse DNA samples.
Therefore questions concerning national policies would not necessarily be
information held by the MPS as a public authority.

The review can provide you with two additional links which may assist you
in the area you are interested, namely the NDNAD Strategy Board Annual
report 2012-13 which may provide some advice concerning national policy
(see page 5)
https://www.gov.uk/government/uploads/sy...
 and the NDNAD Strategy Board Policy for Access and Use of DNA Samples,
Profiles and Associated Data can be found by way of this link
https://www.gov.uk/government/uploads/sy...

Please note that the links shown above are provided to you outside of the
FoIA as a gesture of goodwill and do not affect the legal right of the MPS
to rely on the fees regulations for the remainder of the request.

The review has been advised that the MPS policy surrounding DNA has partly
been converted to a toolkit for sampling of persons only - you may
therefore wish to narrow this part of your request for a copy of the MPS
Toolkit policy that relates to the Sampling of persons only.  Should you
decide to narrow your request to this part of your original request, any
document identified as relevant may still be subject to exemption under
the FoIA.

Question 4 Whilst the review can confirm that relevant information is held
in regards to this aspect of your request, in regards to the MPS only,
should you decide to narrow your request to this part of your original
request, any document identified as relevant may still be subject to
exemption under the FoIA.

Question 6   For the reasons already mentioned above, the review is unable
to advise you how to narrow this part of your request. This is because
this information is not readily accessible in the format you have
requested and would require a member of police staff to manually read
through thousands of case files and CRIS to locate and extract relevant
information pertinent to your request.

Conclusion

I hope the explanation provided clarifies why the MPS has upheld the
original decision to engage section 12(1) FoIA - where the cost of
compliance with your request exceeds the appropriate limit of 18 hours.  

Should you wish to narrow your request please send you request for
information to the Administration team [email address]

Any narrowed request will be treated as a new request and allocated for
consideration under the FoIA.

If you are dissatisfied with this FoIA internal review, you have the right
to appeal the decision by contacting the Information Commissioner for a
decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

Yours sincerely

Mike Lyng
FoIA Quality and Assurance Advisor

COMPLAINT RIGHTS

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.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

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