DrugWipe
Dear Northumbria Police,
I am writing to make an open government request for all the information to which I am entitled under the Freedom of Information Act 2000. This request relates DrugWipe roadside screening.
Please supply any policies, procedures and guidance on conducting DrugWipe roadside tests.
Please, can you confirm :
1) How many DrugWipe kits does the force have
2) How many officers are trained to carry out DrugWipe roadside tests.
3) Total number of roadside tests conducted in 2018
4) Total number roadside tests that gave a false positive (where someone tested positive at the scene but subsequent lab testing failed to support the original result) in 2018.
5) Total number roadside tests that gave a false positive for cocaine (where someone tested positive at the scene but subsequent lab testing failed to support the original result) in 2018.
6) The total number of times the force has recorded that your officers failed to follow procedures fully on the recording of information about or from a roadside DrugWipe test at the scene
Yours faithfully,
Charlotte Pearl
Freedom of Information Act 2000 (FOIA)
Thank you for your email received today in which you make a request for
information that Northumbria Police may hold in accordance with the
Freedom of Information Act 2000.
We are in the process of dealing with your request and a response should
be provided to you by 13/05/2020 which is in accordance with the
legislation.
To note - we are taking your request as below, as there was no time period
in point 7. If this is not correct please advise by return.
This request relates DrugWipe roadside screening.
1. Please supply any policies, procedures and guidance on conducting
DrugWipe roadside tests.
2. How many DrugWipe kits does the force have
3. How many officers are trained to carry out DrugWipe roadside tests.
4. Total number of roadside tests conducted in 2018
5. Total number roadside tests that gave a false positive (where someone
tested positive at the scene but subsequent lab testing failed to support
the original result) in 2018.
6. Total number roadside tests that gave a false positive for cocaine
(where someone tested positive at the scene but subsequent lab testing
failed to support the original result) in 2018.
7. The total number of times the force has recorded that your officers
failed to follow procedures fully on the recording of information about or
from a roadside DrugWipe test at the scene in 2018
Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances delays may be
unavoidable. We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.
Yours sincerely
Information Management Unit
[1]www.northumbria.police.uk | [2]www.northumbria-pcc.gov.uk
'Northumbria Police will be outstanding in the service we provide'
'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'
Dear Charlotte
One of the department tasked with carrying out the research for your
request have asked us to seek clarification from yourself as follows:
With regards to question 7 – does this question refer to the number of
complaints regarding this issue?
If you could provide clarification it would be much appreciated, once this
has been received the department will be able to progress your request.
Kind regards
FO Team
[1]www.northumbria.police.uk
'Northumbria Police will be outstanding in the service we provide'
'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'
Dear Freedom of Information Team,
To Clarify, I am currently researching an issue regarding the use of DrugWipe and have sent similar requests to other police forces. I am not aware of any complaints however due to the nature of this issue there may have been complaints made.
Yours sincerely,
Charlotte Pearl
Hi Charlotte
We will forward the below to the researching department in the hope that it assists them with their research.
Kind regards
FOI Team
'Northumbria Police will be outstanding in the service we provide'
'We will do this through protecting the Vulnerable, delivering quality Investigations and applying Problem solving to everything we do to protect the communities we serve.'
Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')
Thank you for your email dated 12 April 2020 in which you made a request
for access to certain information which may be held by Northumbria Police.
As you may be aware the purpose of the Act is to allow a general right of
access to information held at the time of a request, by a Public Authority
(including the Police), subject to certain limitations and exemptions.
You asked:
This request relates DrugWipe roadside screening.
1. Please supply any policies, procedures and guidance on conducting
DrugWipe roadside tests.
2. How many DrugWipe kits does the force have
3. How many officers are trained to carry out DrugWipe roadside tests.
4. Total number of roadside tests conducted in 2018
5. Total number roadside tests that gave a false positive (where someone
tested positive at the scene but subsequent lab testing failed to support
the original result) in 2018.
6. Total number roadside tests that gave a false positive for cocaine
(where someone tested positive at the scene but subsequent lab testing
failed to support the original result) in 2018.
7. The total number of times the force has recorded that your officers
failed to follow procedures fully on the recording of information about or
from a roadside DrugWipe test at the scene in 2018
To Clarify, I am currently researching an issue regarding the use of
DrugWipe and have sent similar requests to other police forces. I am not
aware of any complaints however due to the nature of this issue there may
have been complaints made.
We have now had the opportunity to fully consider your request and I
provide a response for your attention.
Following receipt of your request, searches were conducted within
Northumbria Police. I can confirm that the information you have requested
is held in part by Northumbria Police, however cannot be disclosed for the
following reasons.
The information you have requested, where held, is not held in a format
that allows its extraction within the permitted 18 hour threshold. With
regards to point 3, we do not have a ‘total’ figure recorded anywhere. To
establish this figure would entail reviewing officers personal training
files. This exercise in its own right would far exceed 18 hours.
With regards to points 5 & 6, this again is not already held statistically
and to provide would require a manual review of every arrest for Sec 5 A
Road Traffic Act Arrest (driving/incharge/attempt to drive over prescribed
drug limit) and then contacting each officer who dealt with the case for
the outcome. These points again would far exceed the 18 hours in their
own right.
As we have estimated that to extract this information would take well over
18 hours, Section 12(1) of the Freedom of Information Act would apply.
This section does not oblige a public authority to comply with a request
for information if the authority estimated that the cost of complying with
the request would exceed the appropriate limit of 18 hours, equating to
£450.00.
You should consider this to be a refusal notice under Section 17 of the
Act for your request
Although excess cost removes Northumbria Police's obligations under the
Freedom of Information Act 2000, as a gesture of goodwill I have supplied
information below, relative to some points of your request, retrieved or
available before it was realised that the fees limit would be exceeded. I
trust this is helpful, but it does not affect our legal right to rely on
the fees regulations for the remainder of your request.
1. No information held. We have no specific policies/procedures/guidance
on DrugWipe.
2. No information held. This is not a calculated figure and is dynamic in
that it may change hour by hour.
4. No information held. Total number is not recorded
7. To note, for the purpose of searching for information we are taking
point 7 as formal complaints made to the Professional Standards Department
regarding officers not following DrugWipe procedure. These searches
brought back no results.
Due to the different methods of recording information across 43 forces, a
specific response from one constabulary should not be seen as an
indication of what information could be supplied (within cost) by another.
Systems used for recording these figures are not generic, nor are the
procedures used locally in capturing the data. For this reason responses
between forces may differ, and should not be used for comparative
purposes.
The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended) or such other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.
You may be interested to know that Northumbria Police routinely publish
information via the Disclosure Log. The aim of the Disclosure Log is to
promote openness and transparency by voluntarily placing information into
the public arena.
The Disclosure Log contains copies of some of the information that has
been disclosed by Northumbria Police in response to requests made under
the Freedom of Information Act 2000.
Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the wider
public interest.
The Disclosure Log will be updated once responses have been sent to the
requester.
I have provided the relevant link below.
[1]https://beta.northumbria.police.uk/about...
How to complain
If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure, attached.
If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.
Yours sincerely
Michael Cleugh
Data Protection and Disclosure Advisor
[NOT PROTECTIVELY MARKED]
'Northumbria Police will be outstanding in the service we provide'
'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'
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Dear Northumbria Police,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Northumbria Police's handling of my FOI request 'DrugWipe'.
It is understand that stock levels are dynamic however, the police should hold records of how many DrugWipe kits they have ordered.
It is hard to believe no information is held regarding how many officers are trained to conduct DrugWipe roadside tests. It is extremely unlikely that a police force is operating without knowing how many of it officers are trained to carry out a certain task. It is understandable that those who have received training change role or leave the force and for this reason the requester only expected to receive an approximation and not an exact number.
To clarify, approximate values for any information not held centrally would be deemed acceptable by the requester.
You are unable state the total number of roadside tests conducted in 2018. You state to answer other questions would require a manual review of every arrest for Sec 5 A Road Traffic Act Arrest (driving/incharge/attempt to drive over prescribed drug limit) and then contacting each officer who dealt with the case for the outcome. You do not need to contact officers you only need look at the custody records. To calculate Section 12(1) refusal based on cost you would have to know how many records require a manually review and this figure would be the answer for the question you have refused to answer.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...
Yours faithfully,
Charlotte Pearl
Dear Ms Pearl,
FOI 600/20
I shall attempt to clarify this matter informally in the first instance
Where you have stated “It is understand that stock levels are dynamic
however, the police should hold records of how many DrugWipe kits they
have ordered. “ I must advise that you did not ask this in your initial
request. Your submission asked how many kits does the Force have, which
is a different question.
Regarding Officers trained, we do not hold a total or approximate figure
on this so cannot provide such a figure to you. TO extract the figure
would entail a review of individual records which would exceed the time
limit for FOI requests.
Regarding Total number of roadside tests conducted in 2018 - This is not
known as the Force does not record this information in relation to
drugwipes. Unlike drink drive where the results are electronically
recorded on the draegar (roadside breath test device) where as the drug
wipes are not electronically held.
Regarding the total number roadside tests that gave a false positive
(where someone tested positive at the scene but subsequent lab testing
failed to support the original result) in 2018. To attempt to extract this
information would involve going through every arrest for Sec 5 A Road
Traffic Act Arrest (driving/incharge/attempt to drive over prescribed drug
limit) and then contacting each OIC for the outcome. It may be that the
reason for no prosecution could not just be as a result of a lab test but
that we may not be able to put them driving/incharge/attempt to drive. The
other issue is that the arrest may not be recorded as Sec 5A eg arrest for
an assault but on arrest the person may also have been drug tested for
driving if they were suspected to be driving. As a result for auditable
result we could not supply with any degree of reliability.
Hopefully this additional clarification explains the reasoning behind the
original response. Should you still require a formal internal review, can
you please confirm this by reply.
Kind regards.
Michael Cleugh 5517
Data Protection & Disclosure Adviser
Asset Management
| M: 07590012396
[1]www.northumbria.police.uk
'Northumbria Police will be outstanding in the service we provide'
'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'
Dear Michael Cleugh,
If you read the questions in the full context of the request, it is clear that the requester is fully aware DrugWipe kits are consumables. There is an obviously passing of time between making a request and receiving a response therefore, it would be reasonable to not expect an exact number. I find your reply deliberately obtuse and vexatious hence my requirement for a formal internal review.
Yours sincerely,
Charlotte Pearl
600/20
Dear Ms Pearl
We would not make assumptions as to what a requestor may or may not accept as a response so we do not attempt to change the wording of a request.
We could carry out research on the number of kits ordered, (this is no indication that such a figure is held). Should this satisfy your request, can you please confirm this by reply. Alternatively we would begin the formal review process.
Kind regards
Michael Cleugh 5517
Data Protection & Disclosure Adviser
Asset Management
'Northumbria Police will be outstanding in the service we provide'
'We will do this through protecting the Vulnerable, delivering quality Investigations and applying Problem solving to everything we do to protect the communities we serve.'
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