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

Equality and Human Rights Commission

David Johnson 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.

We're waiting for David Johnson to read recent responses and update the status.

Dear Metropolitan Police Service (MPS),

Please disclose a copy of all of the correspondence, documents and similar passing between EHRC (and or its agents) and the Metropolitan Police (and or its agents) in connection with the EHRC's interventions on 'stop and search'. This would include, but is not limited to, the correspondence threatening legal action re: s. 60 searches, and the correspondence relating to the EHRC's own FOI request to the Met, and your response.

Yours faithfully,

David Johnson

Metropolitan Police Service (MPS)

Dear Mr Johnson

Freedom of Information Request Reference No: 2012010001949
I write in connection with your request for information  which was
received by the Metropolitan Police Service (MPS) on 14/01/2012.  I note
you seek access to the following information:

* "Please disclose a copy of all of the correspondence, documents and
similar passing between EHRC (and or its agents) and the Metropolitan
Police (and or its agents) in connection with the EHRC's interventions
on 'stop and search'. This would include, but is not limited to, the
correspondence threatening legal action re: s. 60 searches, and the
correspondence relating to the EHRC's own FOI request to the Met, and
your response. "

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
write or contact FOIA Team on telephone number 02071613640 quoting the
reference number above.

Yours sincerely

Peter Deja
Policy and Support Officer
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 and encouraged to
discuss the decision with the case officer that dealt with your
request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is
to telephone the case officer that is nominated at the end of your
decision letter.

That person will be able to discuss the decision, explain any issues
and assist with any problems.

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).

Metropolitan Police Service (MPS)

Dear Mr Johnson

Freedom of Information Request Reference No: 2012010001949

I write in connection with your following request for information which
was received by the Metropolitan Police Service (MPS) on 14/01/2012:

"Please disclose a copy of all of the correspondence, documents and
similar passing between EHRC (and or its agents) and the Metropolitan
Police (and or its agents) in connection with the EHRC's interventions on
'stop and search'. This would include, but is not limited to, the
correspondence threatening legal action re: s. 60 searches, and the
correspondence relating to the EHRC's own FOI request to the Met, and your
response."

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

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.

Please note that the Information Commissioner's guidance states 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 Information Commissioner also
advises '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.'

In accordance with the Freedom of Information Act 2000, this letter
therefore acts as a Refusal Notice. Please see the legal annex at the end
of the response for all the relevant extracts of the legislation which
apply.

In order to ascertain whether the information you have requested could be
located, retrieved and extracted within the 18 hours stipulated by the
Fees Regulations, searches were originally conducted within the
Territorial Policing Headquarters (TPHQ) - Stop and Search Team and the
Directorate of Legal Services (DLS) as it was believed these would be the
units most appropriate to assist. It has been confirmed that the
information you have requested is not collated anywhere centrally within
the MPS, as you can imagine with an organisation of this size. Therefore,
due to the wide ranging nature of your request, the amount of information
which would be pertinent to it, and the fact that you are requesting any
correspondence and documentation which would ever have been received by or
sent to the EHRC, it would not be possible to collate all pertinent
information from wherever it might be held within the MPS within the time
frame.

Although it could be assumed that most correspondence on this topic would
pass to certain central business areas, such as TPHQ, DLS or the Diversity
and Citizen Focus Directorate (DCFD), in reality such information could
have been received by any MPS Operational Command Unit (OCU - of which
there are approximately 10) or employee. Furthermore, as you have asked
for correspondence passed between the MPS and another named organisation,
searches are made more time consuming due to the fact that such
information could have come from, or be passed to, any named member of
that organisation. Therefore, searches would need to be conducted with
each borough and OCU to ascertain what is held. If it took only half an
hour per unit (an extremely conservative estimate given the number of
people within each unit who would then need to be contacted and who would
have to conduct searches) it would take over 19 hours to comply with the
request.

Further checks have been made on our MetRIC system (the corporate system
for correspondence) to assist you. It is likely that most of the
correspondence and documentation passed between the EHRC and the MPS will
be paper based, and even though this may have then been put onto our
MetRIC system, searching for the phrase 'Equality and Human Rights
Commission' brings up 330 entries. Each of these would need to be manually
opened and read to see if relevant to your request: were they received by
/ from the EHRC, do they relate to stop and search, or are they from the
EHRC concerning a different matter. Furthermore, due to the search
parameters, it could be that these are pieces of correspondence which
refer to the EHRC but are not from them which would need to be discounted.
If it took only 5 minutes to open each record, and read through the
correspondence to ascertain whether it was relevant, this type of search
in itself would take approximately 27 hours - which exceeds the cost
limit. Even then there is no guarantee that all of the related
correspondence would be attached to the MetRIC case due to the physical
limitations of the system - and therefore additional searches may be
required to locate the relevant manual files which would hold the
additional pertinent information and have been filed on division.  By way
of example, the amount of information collated in response to the legal
challenge was too great to attach to the system, and the information would
need to be located, retrieved and extracted from the various other places
where it would have since been stored. In addition, we must consider the
fact the correspondence could be from a named employee and so not even
registered as having come from the EHRC - bringing the total pieces of
correspondence needing to be assessed much higher, and harder to search
for.  

Finally, searching for Freedom of Information requests from the Equality
and Human Rights Commission on this system has also proved difficult. One
request was logged as having been received by the EHRC in June 2010 but
notes on the case (which does not include a copy of the original request)
shows that the request was then treated as business as usual and dealt
with outside of the Act by MPS Senior Management. This again confirms
there will be additional correspondence and documentation which would fall
within the remit of your request but would not be saved to MetRIC, and
highlights the difficulties and exceptional amount of time it would take
to locate, retrieve and extract it.

Section 16

Under Section 16 we are required to provide you with advice and assistance
to assist you with submitting a new request for recorded information which
can be located, retrieved and extracted within the 18 hours specified by
the Act.  

In this instance, because of the broad nature of your request, it is
difficult to think of a way in which to suggest you reduce your request.
 If you provided a very narrow time period, or further limited the area of
correspondence you were interested in (i.e. information passed from the
MPS to the EHRC in response to the legal challenge) then it is more likely
that the information could be retrieved within cost.  Alternatively, you
could reduce your request to correspondence received by a specific MPS
department (TPHQ, DLS or DCFD for example).

If you would be interested in redefining your request in this, or any
other way, please let me know. If a revised request was also likely to
engage cost, then you would be advised at the earliest convenience.

If you wish to submit a new, narrower request, please let me know and this
can be logged and considered under the Act.  If you have any difficulty in
doing so, please do not hesitate to contact me for further assistance.

Please, however, note a public authority's right to aggregate requests of
a similar nature from an applicant. Section 12(4) of the Act explains that
requests from the same person asking for the same or substantially similar
information can be aggregated for cost purposes.

Therefore, if you were to submit a separate request asking for this
information from each borough and OCU, or for each month / year, we would
be within our rights to aggregate these requests. This is set out in
Section 5 of The Freedom of Information and Data Protection (Appropriate
Limit and Fees) Regulations 2004. You would need to leave a 'reasonable'
period between submitting such requests, which is '60 consecutive working
days'.

Legal Annex

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(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 12(4) of the Act provides:

(4) The Secretary of State may by regulations provide that, in such
circumstances as may be prescribed, where two or more requests for
information are made to a public authority-
(a) by one person, or
(b) by different persons who appear to the public authority to be acting
in concert or in pursuance of a campaign,
the estimated cost of complying with any of the requests is to be taken to
be the estimated total cost of complying with all of them.

Section 5 of The Freedom of Information and Data Protection (Appropriate
Limit and Fees) Regulations 2004

5.  - (1) In circumstances in which this regulation applies, where two or
more requests for information to which section 1(1) of the 2000 Act would,
apart from the appropriate limit, to any extent apply, are made to a
public authority -
(a) by one person, or
(b) by different persons who appear to the public authority to be acting
in concert or in pursuance of a campaign,
the estimated cost of complying with any of the requests is to be taken to
be the total costs which may be taken into account by the authority, under
regulation 4, of complying with all of them.

(2) This regulation applies in circumstances in which-
(a) the two or more requests referred to in paragraph (1) relate, to any
extent, to the same or similar information, and
(b) those requests are received by the public authority within any period
of sixty consecutive working days.

(3) In this regulation, "working day" means any day other than a Saturday,
a Sunday, Christmas Day, Good Friday or a day which is a bank holiday
under the Banking and Financial Dealings Act 1971[4] in any part of the
United Kingdom.

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 write
or contact Deborah Solomon on telephone number 0207 161 4291 quoting the
reference number above.

Yours sincerely

Ted Henderson
Stop and Searches Team
Territorial Policing Headquarters
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 and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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).

Dear Metropolitan Police Service (MPS),

I write further to your request for clarification.

Please limit the handling of the request to the Directorate of Legal Services in the past 18 months.

Yours faithfully,

David Johnson

Metropolitan Police Service (MPS)

Dear Mr. Johnson

Freedom of Information Request Reference No: 2012020002394
I write in connection with your request for informationwhich was received
by the Metropolitan Police Service (MPS) on 13/02/2012.  I note you seek
access to the following information:

*  "I write further to your request for clarification.        
* Please limit the handling of the request to the Directorate of Legal
Services in the past 18 months. "

* Original request:    

* "Please disclose a copy of all of the correspondence, documents and
similar passing between EHRC (and or its agents) and the Metropolitan
Police (and or its agents) in connection with the EHRC's interventions
on 'stop and search'. This would include, but is not limited to, the
correspondence threatening legal action re: s. 60 searches, and the
correspondence relating to the EHRC's own FOI request to the Met, and
your response."

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

R. Loizou
Policy and Support Officer
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 and encouraged to
discuss the decision with the case officer that dealt with your
request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is
to telephone the case officer that is nominated at the end of your
decision letter.

That person will be able to discuss the decision, explain any issues
and assist with any problems.

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).

Metropolitan Police Service (MPS)

Dear Mr Johnson

Freedom of Information Request Reference No: 2012020002394

I write in connection with your request for information dated 13 February
2012 which was received by the Metropolitan Police Service (MPS) on
13/02/2012.  I note you seek access to the following information:

*  I write further to your request for clarification. Please limit the
handling of the request to the Directorate of Legal Services in the
past 18 months. Original request: "Please disclose a copy of all of
the correspondence, documents and similar passing between EHRC (and or
its agents) and the Metropolitan Police (and or its agents) in
connection with the EHRC's interventions on 'stop and search'. This
would include, but is not limited to, the correspondence threatening
legal action re: s. 60 searches, and the     correspondence relating
to the EHRC's own FOI request to the Met, and your response."

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).

Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.

Section 17(2) provides:

2) Where-
a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated, as we are
currently considering whether 'qualified exemptions' apply to the
information you have requested. As a result we will not be able to respond
within 20 working days.

For your information we are considering the following exemptions:

Section 30 (Investigations and Proceedings Conducted by Public
Authorities)
Section 31 (Law Enforcement)

I can now advise you that the amended date for a response is 11 April
2012.

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 the Directorate of Legal Services on 0207 230 6999 or at the
address at the top of this letter, quoting the reference number above.

Yours sincerely

Alison Horner
LINC Manager
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 and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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 MrJohnson

Freedom of Information Request Reference No: 2012020002394

I write in connection with your request for information dated 13 February
2012 which was received by the Metropolitan Police Service (MPS) on
13/02/2012.  I note you seek access to the following information:

 I write further to your request for clarification. Please limit the
handling of the request to the Directorate of Legal Services in the past
18 months. Original request: "Please disclose a copy of all of the
correspondence, documents and similar passing between EHRC (and or its
agents) and the     Metropolitan     Police (and or its agents) in
connection with the EHRC's interventions on 'stop and search'. This would
include, but is not limited to, the     correspondence threatening legal
action re: s. 60 searches, and the     correspondence relating to the
EHRC's own FOI request to the Met, and your response."

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).

Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.

Section 17(2) provides:

2) Where-
a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.

I am sorry to inform you further to my letter of the 5th March 2012 we
have not been able to complete our response to your request by the amended
date of 11th April 2012, and we continue to consider whether 'qualified
exemptions' apply to the information you have requested.

For your information we are still considering the following exemptions:
Section 30 (Investigations and Proceedings Conducted by Public
Authorities)
Section 31 (Law Enforcement)
I can now advise you that the revised date for a response is 10 May 2012.

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 the Directorate of Legal Services on 0207 230 6999 or at the
address at the top of this letter, quoting the reference number above.

Yours sincerely

Alison Horner
LINC Manager
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 and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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)

Mr Johnson

I refer to my colleague Alison Horner’s letter to you dated 10 April which
indicated that we would be responding to your FOIA request by 10 May.  I
am still in the course of obtaining instructions in relation to your
request.  I must apologise as I will not be able to comply with the
response deadline of 10 May.  However, I aim to do so by 24 May. 

Many thanks
Laurence Gluck
Directorate of Legal Services
 Phone: 020 7230 7480
 Fax: 020 7230 7459
 Metphone: 67480 Fax: 67459
 E-mail: [email address]
 Mail: DLS, New Scotland Yard, 8-10 Broadway
 London, SW1H 0BG

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 Johnson

Freedom of Information Request Reference No:  2012020002394

I write in connection with your request for information dated 13 February
2012 which was received by the Metropolitan Police Service (MPS) on
13/02/2012.  I note you seek access to the following information:

 I write further to your request for clarification.      
Please limit the handling of the request to the Directorate of Legal
Services in the past 18 months. Original request:    
 "Please disclose a copy of all of the correspondence, documents and
similar passing between EHRC (and or its agents) and the     Metropolitan
Police (and or its agents) in connection with the EHRC's interventions on
'stop and search'. This would include, but is not limited to, the
correspondence threatening legal action re: s. 60 searches, and the
correspondence relating to the EHRC's own FOI request to the Met, and your
response."

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at Directorate of Legal Services.

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

I have today decided to disclose the located information to you in full
further to Mr Gluck's email of 9th May. We apologise for the delay. Our
disclosure comprises the following information

* Joint Forces letter 23.1.12 to  EHRC in response to pre-action
protocol letter of 13.12.11
* MPS analysis report comparing effects of disproportionality ratios
using different residential population data and identical stop and
search data as referred to in para 29 of Joint Joint Force Letter of
23.1.12
* MPS specific letter of 23.1.12 to EHRC in response to pre-action
protocol letter of 13.12.11
* MPS 'submission' report prepared in response to the EHRC 25.10.11
letter requesting section 60 data and Appendix B (as referred to in
para 2 of the MPS specific letter of 23.1.12)
* Appendix C of 'submission' report
* Letter 29 November 2010 EHRC to MPS.

Please note that with regard to the data which accompanies the
'submission' report, this data is not normally collated by the MPS. It was
collated here pursuant to the EHRC's request. Further we do not intend to
collate the data in this way in the future.

Please confirm your address so that we can provide this disclosure, due to
the volume of information being disclosed. Please
send your address directly to [email address].

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 write
or contact Direcotrate of Legal Services on telephone number 0207 230 6999
quoting the reference number above.

Yours sincerely

Alison Horner

P.P. Franca Oliffe
Assistant Director (Management & Support)
In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
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 and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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)

3 Attachments

  • Attachment

    Joint Force Letter of 230112 to ehrc in response to pre action protocol letter of 13.pdf.pdf

    1.3M Download View as HTML

  • Attachment

    letter of 291112010 to the Commissioner Sir Paul Stephenson.pdf.pdf

    81K Download View as HTML

  • Attachment

    mps submission report prepared in response to ehrc 251011 letter requesting s60 data appendix B as referred to in para 2 of mps specific letter of 23112 PART 1.pdf.pdf

    698K Download View as HTML

Dear Mr Johnson
Freedom of Information Request Reference No:  2012020002394
I write in connection with your request for information dated 13 February
2012 which was received by the Metropolitan Police Service (MPS) on
13/02/2012.

Further to my email of the 18th May, I will attach the documents we have
fully disclosed in small sections as the documents are two large to be
sent via email in one go.

Kind Regards.

Alison Horner
P.P. Franca Oliffe
Assistant Director (Management & Support

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)

1 Attachment

Dear Mr Johnson

Freedom of Information Request Reference No:  2012020002394

I write in connection with your request for information dated 13 February
2012 which was received by the Metropolitan Police Service (MPS) on
13/02/2012.

Further to my email of the 18th May, I will attach the documents we have
fully disclosed in small sections as the documents are two large to be
sent via email in one go.

Kind Regards.

Alison Horner

P.P. Franca Oliffe
Assistant Director (Management & Support

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)

1 Attachment

Dear Mr Johnson

Freedom of Information Request Reference No:  2012020002394

I write in connection with your request for information dated 13 February
2012 which was received by the Metropolitan Police Service (MPS) on
13/02/2012.

Further to my email of the 18th May, I will attach the documents we have
fully disclosed in small sections as the documents are two large to be
sent via email in one go.

Kind Regards.

Alison Horner

P.P. Franca Oliffe
Assistant Director (Management & Support

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)

2 Attachments

  • Attachment

    mps specific letter of 230112 to ehrc in response to preaction protocol letter of 131211.pdf.pdf

    521K Download View as HTML

  • Attachment

    MPS Analysis Report comparing disproportionately ratios.pdf.pdf

    250K Download View as HTML

Dear Mr Johnson

Freedom of Information Request Reference No:  2012020002394

I write in connection with your request for information dated 13 February
2012 which was received by the Metropolitan Police Service (MPS) on
13/02/2012.

Further to my email of the 18th May, I will attach the documents we have
fully disclosed in small sections as the documents are two large to be
sent via email in one go.

Kind Regards.

Alison Horner

P.P. Franca Oliffe
Assistant Director (Management & Support

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)

1 Attachment

  • Attachment

    MPS Submission report prepared in response to EHRC 251011 letter requesting Section 60 Data Appendix B PART 3 2.pdf

    3.5M Download View as HTML

Dear Mr Johnson

Freedom of Information Request Reference No:  2012020002394

I write in connection with your request for information dated 13 February
2012 which was received by the Metropolitan Police Service (MPS) on
13/02/2012.

Further to my email of the 18th May, I will attach the documents we have
fully disclosed in small sections as the documents are too large to be
sent via email in one go.

 
<<MPS 'Submission' report prepared in response to EHRC 251011 letter
requesting Section 60 Data + Appendix B PART 3(2).pdf>>

Kind Regards.

Alison Horner

P.P. Franca Oliffe
Assistant Director (Management & Support)

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)

1 Attachment

  • Attachment

    MPS Submission report prepared in response to EHRC 251011 letter requesting Sec 60 Data Appendix B as referred to in para 2 of MPS specific letter of 231112 a.pdf

    1.8M Download View as HTML

Dear Mr Johnson

Freedom of Information Request Reference No:  2012020002394

I write in connection with your request for information dated 13 February
2012 which was received by the Metropolitan Police Service (MPS) on
13/02/2012.

Further to my email of the 18th May, I will attach the documents we have
fully disclosed in small sections as the documents are too large to be
sent via email in one go.

 
<<MPS 'Submission' report prepared in response to EHRC 251011 letter
requesting Sec 60 Data + Appendix B as referred to in para 2 of MPS
specific letter of 231112(a).pdf>>

Kind Regards.

Alison Horner

P.P. Franca Oliffe
Assistant Director (Management & Support)

Alison  Horner

Legal Information Centre Manager│Directorate of Legal Services│Room 144
│1st Floor - Victoria Block │New Scotland Yard │ 10 Broadway London │ SW1H
0BG │ Metphone : 67541 │ External  : 0207 230 7541

METSEC:  RESTRICTED/NOT RESTRICTED

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

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