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Annabelle Riley made this Freedom of Information request to Cleveland Police

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Dear Cleveland Police,

Please provide me with all correspondence between Chief Constable Richard lewis and Police and crime commissioner Barry Coppinger from July 1st 2020 to August 1st 2020.

Yours faithfully,

Annabelle Riley

Freedom of Information, Cleveland Police

This mailbox is for Freedom of Information requests only and all other
mail will be deleted unactioned.

 

For Legal please forward your e-mail to
[1][email address] and for Subject Access please
check the Subject Access section of the Cleveland Police website under the
heading of ‘Advice and Information’ or forward your e-mail to
[2][email address] for all other
enquiries please contact Cleveland Police via 101.

 

References

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Freedom of Information, Cleveland Police

Dear Ms Riley,

Enquiry Ref: 12179/2020

I acknowledge receipt of your request for information dated 23rd August 2020 and received by this office on 24th August 2020 .

As set out by the Freedom of Information Act it will be our aim to respond to your request within 20 working days that is by 22nd September 2020. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

Please note: 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.

Please note the ‘working day’ is defined as any day other than a Saturday, a Sunday, or a day which is a bank holiday in any part of the United Kingdom. The first reckonable day is the first working day after receipt.

If you have any questions regarding your request please contact this office.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

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Freedom of Information, Cleveland Police

Enquiry Ref: 12179-20

I am writing in relation to your enquiry. To help us identify the information you require I would be grateful if you would provide me with the following information.

Please specify what you type of correspondence you are referring to.

To enable us to respond to your request please provide the details requested above or alternatively indicate how we may otherwise assist you. Unfortunately we are unable to respond to your request until we have received this information.

If you would like to discuss this matter please do not hesitate to contact this office.

Yours sincerely

Mrs M Johnson
Freedom of Information Decision Maker
Department of Standard & Ethics | 1 Cliffland Way | Hemlington | TS8 9GL

Website | Facebook | Twitter | Instagram | LinkedIn

Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

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Dear Freedom of Information,

Text messages, WhatsApp messages, written correspondence and emails

Yours sincerely,

Annabelle Riley

Freedom of Information, Cleveland Police

Dear Ms Riley,

Enquiry Ref: 12179/2020

I write in connection with your request for information dated 23rd August 2020 concerning: Please provide me with all correspondence between Chief Constable Richard Lewis and Police and crime
Commissioner Barry Coppinger from July 1st 2020 to August 1st 2020. Clarified to mean Text messages, WhatsApp messages, written correspondence and emails

Following an assessment of your request it has been established that the decision regarding the disclosure of the information requested requires us to make decision(s) involving the ‘public interest test. In these circumstances we consider that we are unable to complete this within the 20 working day period and under Section 10(3) of the Freedom of Information Act 2000 hereby give you notice of an extended response date. We now estimate that our date of response will be 20th October 2020.

If you are not satisfied with this decision or any actions taken in dealing with your request you have the right to request that we review your case under our review procedure. If you decide to request that such a review is undertaken and following this process you are still dissatisfied you then have the right to direct your complaint to the Information Commissioner for consideration.

I apologise for any inconvenience this may cause. Should you wish to discuss this matter please do not hesitate to contact this office.

Yours Sincerely

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

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Freedom of Information, Cleveland Police

1 Attachment

Dear Ms Riley

Enquiry Reference: 12179-20

I write in connection with regards to your request received in this office on 21st August. I note you seek the following:

Please provide me with all correspondence between Chief Constable Richard Lewis and Police and crime commissioner Barry Coppinger from July 1st 2020 to August 1st 2020.

Having made enquiries within the Force please see attached documents (1 is attached above and the rest will follow in another email) for which the below exemption applies.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1) (b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon Section 17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.

Section 40(2) Personal Information
Section 40 is an absolute exemption, which means that the legislators have identified that harm would be caused by any release. In addition there is no requirement to consider the public interest test. By way of explanation to you I would point out the following: Under Section 40(2) of The Freedom of Information Act, information is exempt information if it constitutes personal information of which the applicant is not the data subject.

For anything else we would rely on the following:

Section 30(1)(b) Investigations and Proceedings Conducted by Public Authorities;
Section 31(2)(b) Law enforcement;
Section 36(2)(c) Disclosure Prejudicing the Effective Conduct of Public Affairs;

Cleveland Police can neither confirm nor deny that it holds any further information pertinent to this request as the duty in Section 1(1) (a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemption:

Section 30 is a qualified class-based exemption and there is a requirement to conduct a public interest test.
Section 31 is a prejudice based qualified exemptions and there is a requirement to articulate the harm that would be caused in confirming or not that the information is held as well as carrying out a public interest test.
Section 36 is a qualified prejudiced based and there is a requirement to articulate the harm that would be caused in confirming or not that the information is held.

Factors favouring confirming or denying whether any other information is held for Section 30
To confirm that the requested information is held would lead to a better informed public and would lead to an increase in understanding of the use police resources/investigations.

Factors against confirming or denying whether any other information is held for Section 30
The disclosure of the requested information, if held, could compromise or hinder any ongoing or potential future investigations which would not be in the interest of the force or the general public at this time.

Factors favouring confirming or denying that information is held for Section 31
The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve and there is a public interest in the transparency of policing especially where an investigation is high profile or concerning the organisation that is charged with upholding these principles. The release of such information would provide further and accurate information in relation to recent public debate.

Factors against confirming or denying that information is held for Section 31
Where the current or future law enforcement role of the Police service is undermined or may be compromised by the release of information, or any untimely or inappropriate (to the case) disclosure could affect the viability of that case and if the release of information were to allow the continual liberty of one guilty person, then the weight for non-disclosure cannot be given scant regard.
It is my belief that disclosure, at this time, could prejudice/undermine any current investigations and compromise law enforcement and thus cause potential damage to the criminal justice process.

Factors favouring confirming or denying whether any other information is held for Section 36

The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve and there is a public interest in the transparency of policing especially where matters relate to the official functions of public office holders. The release of such information would provide further and accurate information in relation to recent public debate.

Factors against confirming or denying whether any other information is held for Section 36

Information is exempt from disclosure if, in the reasonable opinion of a qualified person (a chief constable or commissioner only), its disclosure would prejudice, or would be likely to prejudice, certain specified interests relating to public affairs.

S.36(3) states that the duty to confirm or deny does not arise in relation to information to which this section applies if, or to the extent that, in the reasonable opinion of a qualified person, compliance with section 1(1)(a) would, or would be likely to, have any of the effects mentioned in s.36(2).

Balancing Test:

The Police service will not divulge whether information is or is not held if to do so could undermine or compromise law enforcement. Whilst there is a public interest in the transparency of policing there is a very strong public interest in safeguarding the integrity of police investigations.

As much as there is public interest in knowing that policing activity is appropriate and balanced in this will only be overridden in exceptional circumstances.

Therefore it is our opinion that for these issues the balancing test for confirming or denying whether any information is held regarding these techniques is not made out. This argument is obviously transferable to all police tactics/investigations.

None of the above can be viewed as an inference that the information you seek does or does not exist.The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

We have made every effort to ensure a response was provided within statutory deadlines, however due to current circumstances delays have been unavoidable. If your response was late we apologise for any inconvenience it may have caused. If we can be of any further assistance please do not hesitate to contact this office.

Yours sincerely

Mrs M Johnson
Freedom of Information Decision Maker
Department of Standard & Ethics | 1 Cliffland Way | Hemlington | TS8 9GL

Website | Facebook | Twitter | Instagram | LinkedIn

Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

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Freedom of Information, Cleveland Police

4 Attachments

Please see attached Folder 2.

 

Mrs M Johnson

Freedom of Information Decision Maker

Department of Standard & Ethics | 1 Cliffland Way | Hemlington | TS8 9GL

 

[1]Website | [2]Facebook | [3]Twitter | [4]Instagram | [5]LinkedIn

[6]cid:image003.png@01D4A2BA.16CFF050

Public Service | Transparency | Impartiality | Integrity

 

“Delivering outstanding policing for our communities”

 

Please do not use social media or email to report crime as we do not
monitor these accounts 24/7. Dial 999 in an emergency or visit the
[7]contact us section of our website for all reporting options.

 

[8]cid:image006.png@01D4B4CC.DF865D80

 

[9]cid:image007.jpg@01D4B4CC.DF865D80

 

 

References

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5. https://www.linkedin.com/company/clevela...
7. https://www.cleveland.police.uk/contact-...

We don't know whether the most recent response to this request contains information or not – if you are Annabelle Riley please sign in and let everyone know.