Durham Constabulary investigation into former South Yorkshire Police officer

The request was partially successful.

Dear Durham Constabulary (Durham),

In June 2017 the Liverpool Echo reported that a referral had been made to Durham, as an external investigating force, concerning allegations made against a former South Yorkshire Police officer.

Details are scant and there appears to be no 'follow-up' article.

The article can be read in full here:

https://www.liverpoolecho.co.uk/news/liv...

Please provide the following information by way of the Freedom of Information Act:

1. From whom the referral to Durham came?

2. The operational codename given to the investigation?

3. The name and rank of the Gold Commander?

4. The name and rank of the Silver Commander?

5. The terms of reference.

6. The date upon which the investigation report was finalised.

7. The outcome of the investigation.

Yours faithfully,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Freedom of Information, Durham Constabulary

Your request has been received by Durham Constabulary's Information Rights
& Disclosure Unit and will be actioned accordingly. If you have any
queries please contact 0191 375 2596 Mondays to Fridays between the hours
of 7.45am and 5pm.

DURHAM CONSTABULARY, Protecting Neighbourhoods, Tackling Criminals,
Solving Problems…Around the Clock

NEIGHBOURHOOD POLICING: Use your postcode to get access to local news and
events from your Neighbourhood Policing Team, at
https://www.durham.police.uk

This email carries a disclaimer, a copy of which may be read at
https://www.durham.police.uk/Pages/E-Mai...

Freedom of Information, Durham Constabulary

1 Attachment

Good Afternoon Mr WIlby,

Please find attached response to your Freedom of Information request.

Yours Sincerely

Freedom of Information Decision Maker
Business Innovation & Development Command
Durham Constabulary
Police Headquarters
Aykley Heads
Durham DH1 5TT
Email: [email address]
Telephone: 0191 375 2594 Internal 752594

Delivering excellent policing, inspiring confidence in victims and our communities, by:
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Dear Durham Constabulary,

I am writing to request an internal review of Durham Constabulary's handling of my FOI request 'Durham Constabulary investigation into former South Yorkshire Police officer'.

The ground for complaint

This request was submitted on 5th October, 2019 (a Saturday) and acknowledged by Durham on the same day. It was finalised at around 2.45pm on the 20th working day, 4th November, 2019. The response, by my calculation, would have taken a competent officer in the relevant business area less than 30 minutes to draft.

Section 10 of the Act states clearly that information requests should be finalised PROMPTLY and, in any event, by the 20th working day. The Information Commissioner's Office (ICO) Guidance spells out that the 20th working day is a backstop, not a target date. The College of Policing's Authorised Professional Practice (APP) is also robust on this point (please see below weblink).

https://www.app.college.police.uk/app-co...

Durham, regrettably, has a history of breaches of both the Act and the APP where this applicant is involved. Otherwise, the matter would not have been raised if it was an incident in isolation.

So that the finalisation of the instant request can be better understood, and full context given to the internal review, please disclose all internal and external emails relating to this request between 7th October, 2019 and 4th November, 2019 inclusive.

Beyond that, I am grateful for the information disclosed and the detail provided, over and above the bare disclosure requirement under the Act. That, however, and as one might expect, has opened up new lines of enquiry. Accordingly, please note this supplemental request:

Please disclose

8. Correspondence between Durham and both Her Majesty's Inspector of Constabularies and the IPCC concerning the referral.

9. Correspondence between Durham, the CPS, South Yorkshire Police and the IPCC concerning the assessment and outcome, including the finalisation or investigation report (if either of such documents was produced).

10. Internal correspondence betwen Mike Barton and Darren Ellis relating to this referral.

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,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Freedom of Information, Durham Constabulary

Good morning,

Durham Constabulary acknowledges receipt of the request for internal review of the decision made under reference FOI 980/19. This will be passed to the Internal Reviewer who will be in contact with you in due course.
Durham Constabulary further acknowledges receipt of a further request in relation to points 8, 9 and 10.
Both of the above were received on 11/11/2019.

Yours sincerely
Freedom of Information Decision Maker.
Business Innovation & Development
Durham Constabulary

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Freedom of Information, Durham Constabulary

Dear Mr Wilby,

 

RESPONSE TO REQUEST FOR INTERNAL REVIEW

I refer to your email of the 11^th November 2019, shown below, in which
you seek an Internal Review of the Constabulary’s handling of the Freedom
of Information request dated 5^th October.

 

I have been asked to conduct an independent review on behalf of the
Constabulary due to not having been involved with the original request or
response. The Internal Review process allows for the original decision to
be overturned, modified or upheld in full.

 

The request for Internal Review is on a narrow point of the timeliness of
the response. The substance of the response and the information disclosed
therein is not challenged in the request and for this reason does not form
any part of considerations of the Internal Reviewer.

 

The legislation relevant to the Internal Review is Section 10(1) of the
Freedom of Information Act 2000 which states:

Subject to subsections (1) and (2), 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.

 

The original request was sent by email on Saturday 5^th October, when the
Information Rights and Disclosure Unit, in which Freedom of Information
requests are handled, was closed. The request  was received into the IRDU
on Monday 7^th October. Applying Section 10 (1) the twentieth working date
following the date of receipt was 4^th November. The response was sent on
4^th November at 15.08hrs, that is within conventional business hours.

 

The handling of the original request has been reviewed in full and the
response sent out as soon as was practicable to do so.

 

It is noted that within the request for internal review you are seeking
disclosure of emails both internal and external between 7^th  October and
4^th November. I am not required to respond to this within the Internal
Review as it should form part of a new request.

 

In conclusion the decision in relation to the request for internal review
is that Durham Constabulary made a timely disclosure as soon as it was
practicable to do so.

 

If you are dissatisfied with the Internal Review decision you have the
right to refer the matter to the Information Commissioner’s Office at
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF telephone number:
01625 545700; website of:

 

[1]www.informationcommissioner.gov.uk

 

Yours sincerely

Freedom of Information Decision Maker.

Business Innovation & Development

Durham Constabulary

Dear Durham Constabulary,

 

REQUEST FOR INTERNAL REVIEW

I am writing to request an internal review of Durham Constabulary's
handling of my FOI request 'Durham Constabulary investigation into former
South Yorkshire Police officer'.

 

The ground for complaint

 

This request was submitted on 5th October, 2019 (a Saturday) and
acknowledged by Durham on the same day. It was finalised at around 2.45pm
on the 20th working day, 4th November, 2019. The response, by my
calculation, would have taken a competent officer in the relevant business
area less than 30 minutes to draft.

 

Section 10 of the Act states clearly that information requests should be
finalised PROMPTLY and, in any event, by the 20th working day. The
Information Commissioner's Office (ICO) Guidance spells out that the 20th
working day is a backstop, not a target date. The College of Policing's
Authorised Professional Practice (APP) is also robust on this point
(please see below weblink).

 

https://www.app.college.police.uk/app-co...

 

Durham, regrettably, has a history of breaches of both the Act and the APP
where this applicant is involved. Otherwise, the matter would not have
been raised if it was an incident in isolation.

 

So that the finalisation of the instant request can be better understood,
and full context given to the internal review, please disclose all
internal and external emails relating to this request between 7th October,
2019 and 4th November, 2019 inclusive.

 

Beyond that, I am grateful for the information disclosed and the detail
provided, over and above the bare disclosure requirement under the Act.
That, however, and as one might expect, has opened up new lines of
enquiry. Accordingly, please note this supplemental request:

 

Please disclose

 

8. Correspondence between Durham and both Her Majesty's Inspector of
Constabularies and the IPCC concerning the referral.

 

9. Correspondence between Durham, the CPS, South Yorkshire Police and the
IPCC concerning the assessment and outcome, including the finalisation or
investigation report (if either of such documents was produced).

 

10. Internal correspondence betwen Mike Barton and Darren Ellis relating
to this referral.

 

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,

 

Neil Wilby

Investigative journalist

 

DURHAM CONSTABULARY, Protecting Neighbourhoods, Tackling Criminals,
Solving Problems…Around the Clock

NEIGHBOURHOOD POLICING: Use your postcode to get access to local news and
events from your Neighbourhood Policing Team, at
https://www.durham.police.uk

This email carries a disclaimer, a copy of which may be read at
https://www.durham.police.uk/Pages/E-Mai...

References

Visible links
1. http://www.informationcommissioner.gov.uk/

Dear Freedom of Information,

This is a response to an internal review request so utterly bereft of any recognisable application of the law, or applicable Guidance, or Authorised Professional Practice, that, in my highly informed view, sets a new low for responses under the Freedom of Information Act, 2000 by any policing body to whom I have submitted requests.

It is, in my submission, well beyond disgraceful; oppressive; calculated to vex, annoy and harass; insulting to the intelligence and knowledge of hundreds of thousands of What Do They Know users and readers; manifestly breaches the College of Policing Code of Ethics; and, of course, adds even further weight to the now widely recognised handle of Durham Constabulary: "A grubby little police force".

All rights of civil redress, by way of a misfeasance and/or harassment claim against the chief constable, engaging this information request and others I have made to your force, are reserved.

This response will be raised in my submissions to the court in the hearing of the civil claim against the chief constable, listed to be heard in Durham County Court this week (D9QZ60NM).

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Freedom of Information, Durham Constabulary

1 Attachment

Good Afternoon Mr Wilby,

Please find attached response to your additional questions under the Freedom of Information Act 2000.

Yours SIncerely
Freedom of Information Decision Maker
Business Innovation & Development Command
Durham Constabulary
Police Headquarters
Aykley Heads
Durham DH1 5TT
Email: [email address]
Telephone: 0191 375 2594 Internal 752594

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Positive | Fair | Courageous | Inclusive | With Integrity
Protecting Neighbourhoods, Tackling Criminals, Solving Problems

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