Dear Essex Police,

please may I request the following:-

A copy of all Essex Police policies in place 2012.

to include a copy of the police policies in place at the time with regards :-
Rape, sexual assault.
Death in a psychiatric hospital.
Recording of crime and national standards of Essex Police.

Yours faithfully,

Melanie leahy

Data FOI Essex,

1 Attachment

Thank you for your enquiry which has been logged under the above
reference.

 

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at s14 may be engaged
if the burden on the authority is increased through multiple requests on
differing subjects

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at www.ico.gov.uk
specific information relating to submitting a request can be found at:
https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Essex Police is currently dealing with an unprecedented increase in
requests for information under the Data Protection Act (Subject Access),
the Freedom of Information Act, and from Family Courts. The force is
working hard to develop longer-term solutions to keep pace with that
demand, but while we await those solutions to come in to effect it is
likely that some of our responses to information requests will not be as
swift as we and our requestors would like. Our focus will always be
protecting our public and the most vulnerable within our community, and
therefore, requests that fall into this category will be prioritised.

 

We apologise for any delays that you may experience in our responses to
you, and please be reassured that we are working very hard to reduce
delays in responses.

 

Kind regards

 

Information Rights Team

Information Management Department

Strategic Change Directorate

E-Mail:[email address]

[1]cid:image001.png@01D3E908.EC4D1080

 

 

show quoted sections

Dear Data FOI Essex,

This is taking forever.

Yours sincerely,

Melanie leahy

Data FOI Essex,

7 Attachments

Thank you for your enquiry which has been logged under the above
reference. 

Please accept our sincere apologies with regard to the delay in responding
to your original request; this unit has had a substantial increase in FOI
requests which has resulted in a considerable delay to the service
provided. Unfortunately we did not send a written apology explaining the
extent of our current backlog and anticipated delay which falls short of
the service delivery expected by Essex Police .

Last year has been difficult within the Data Protection/FOI team due to
the high number of outstanding requests as a result of resourcing and high
demand within the department. Although this does not excuse our failings, 
steps have been put in place, (communicated with the Information
Commissioners Office)  to improve the situation. Extra resources have now
been provided and all work within the wider team, including FOI (since the
middle of Oct 2018) has been dealt with in regard to meeting compliance
targets. The next strand of action within the FOI team is to continue
providing a service in respect of the new requests and equally deal with
the oldest outstanding cases in order to bring our numbers to an
acceptable level.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at
Sec1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Sec1(1)(b) is to disclose information
that has been confirmed as being held. Where exemptions are relied upon
s17 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.

In respect of your enquiry:

A copy of all  Essex Police policies in place 2012  to include a copy of
the police policies in place at the time with regards :-

Rape, sexual assault.

Death in a psychiatric hospital.

Recording of crime and national standards of Essex Police.

Having completed enquiries Essex Police can respond as follows, 

In respect of Sec 1(1)(a), Essex Police does hold information relating to
your request however the obligation of Sec 1(1)(b) cannot be met as Essex
Police does not hold all the information requested. Essex Police does not
hold a specific policy for deaths in a psychiatric Hospital and to further
investigate any Hospital procedures from previous incidents would exceed
the appropriate limit.

 

When responding to a request for information under the terms of the
Freedom of Information Act, a public authority is not obliged to provide
information if the authority estimates that the cost of the retrieval of
the information requested would be in excess of £450 (equivalent to 18
hours work). The costs criteria relates to a request in its entirety,
which means that if we cannot retrieve all of the information requested
within the costs limit, we are not obliged to retrieve any of the
information requested.

 

 Section 12(1) of the Freedom of Information Act states that a public
authority is not obliged to:

“…comply with a request for information if the authority estimates that
the cost of complying with the request would exceed the appropriate
limit.”

 

Consequently, and to this extent, Essex Police are exempt from the duty to
provide all the information you have requested under the provisions of
section 12(1) of the FOI Act. Therefore, and in accordance with section
17(1) of the Act, this communication must act as a refusal notice to
provide all of the information that could be interpreted as being captured
by this part of your request.

 

Having said that Section 16 (1) of the FOIA provides that a public
authority is required to provide advice and assistance, the attached
documents may assist with the information you are seeking. It must be
noted that where there is evidential restricted material which aids the
police to identify evidence or gauge how genuine a case may be  - is not
for release to the general public, therefore this has been redacted and
these redactions are shown.

 

Thank you for your interest in Essex Police and we are sorry that we have
not been able to provide the information you have requested on this
occasion. If you do require further information a new request will need to
be submitted and the request will be dealt with accordingly.

 

Information Management Department

Strategic Change Directorate

E-Mail:[email address]

[1]cid:image001.png@01D3E908.EC4D1080

If you require further information or wish to submit a request, please
refer to the information found on the Commissioner’s website regarding
submission of effective requests
[2]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [3][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

              

If you are still dissatisfied following our review, you have the right
under section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [4]https://ico.org.uk/

 

 

 

 

 

show quoted sections