Financial Control queries

dennis fallon made this Freedom of Information request to West Midlands Police

The request was successful.

From: dennis fallon

22 December 2011

Dear West Midlands Police,

You completed a FOI request 4535/11 in May 2011 in which I asked
various financial questions including why the Director of
Resources(DOR),Mr Derek Smith BSc CPFA,had failed to disclose his
C.V or previous experience.
http://www.whatdotheyknow.com/request/sp...

You explained that his important role,at a salary of
£121,000,covered Finance and procurement,Human
Resources,Fleet Services,Estate Services,Corporate
Services,and Liaison with Police Authority.He is a CCAB qualified
accountant and has experience with police issues at force,regional
and national levels.

Although you did not mention it I noted that he was also one of the
three managers on the renamed Road Safety Partnership Board(RSPBO)
http://www.wmsafetycameras.co.uk/foiwho....

Six months since my FOI I notice that Mr Derek Smith is now absent
from both the Police Command Team and RSPBO and there seems to be
no qualified accountant in his place.

I note,according to the Birmingham Mail, that`discredited' bonuses
are still being paid to police officers despite the force being
short of cash
http://www.birminghammail.net/news/birmi...

Obviously you cannot always believe what you read in the press and
therefore I would appreciate clarifications under FOI disclosure.

FOI POINT ONE.
Who,as of December 22nd 2011, is in control of resources for WM
Police and what are their accounting qualifications?

FOI POINT TW0.
Who,as of December 22nd 2011, is in control of resources for RSPBO
and what are their accounting qualifications?I presume that neither
ACC Garry Forsyth or Inspector Mick Hartill are suitably qualified.

FOI POINT THREE.
Is Mr Derek Smith BSc CPFA still employed by WM Police and, if
not,when did he leave and what plans are in train to provide a
qualified replacement.Is there any explanation as to why his
leaving has not been announced or can you provide a link to where
it is mentioned?

FOI POINT FOUR.
If the story about bonus payments is actually correct,please list
the quantity numbers and ranks of individuals being given bonus
payments and the corresponding amounts,so that total payment can be
calculated.

It is obviously a legal requirement that a qualified person is in
charge of finances and I am concerned that there appears to be no
named individual on display.

Yours faithfully,

Dennis Fallon.

Link to this

From: b foi
West Midlands Police

22 December 2011

Dear Mr Fallon

FREEDOM OF INFORMATION ACT 2000

Thank you for your request for information, received 22nd December 2011

Your request is being considered and you will receive a response within the statutory timescale of 20 working days, as defined by the Act, subject to the application of any statutory exemptions. Where consideration is being given to the application of any exemptions the 20 working day timescale may be extended under the terms of the Act to a period considered reasonable depending on the nature and circumstances of your request. In such cases you will be notified and, where possible, a revised time-scale will be indicated. In all cases we shall attempt to deal with your request at the earliest opportunity.
There may be a fee payable for the retrieval, collation and provision of the information requested, where the request exceeds the statutory limit. In such cases you will be informed in writing and the 20 working day timescale will be suspended until we receive payment from you or your request is modified and /or reduced. If you chose not to make full payment or modify your request then the request will remain unanswered.
Your request may require either full or partial transfer to another public authority. You will be informed if your request is transferred.

Yours sincerely,

Freedom of Information Unit

________________________________________
From: dennis fallon [[FOI #97767 email]]
Sent: 22 December 2011 01:15
To: b foi
Subject: Freedom of Information request - Financial Control queries

Dear West Midlands Police,

You completed a FOI request 4535/11 in May 2011 in which I asked
various financial questions including why the Director of
Resources(DOR),Mr Derek Smith BSc CPFA,had failed to disclose his
C.V or previous experience.
http://www.whatdotheyknow.com/request/sp...

You explained that his important role,at a salary of
£121,000,covered Finance and procurement,Human
Resources,Fleet Services,Estate Services,Corporate
Services,and Liaison with Police Authority.He is a CCAB qualified
accountant and has experience with police issues at force,regional
and national levels.

Although you did not mention it I noted that he was also one of the
three managers on the renamed Road Safety Partnership Board(RSPBO)
http://www.wmsafetycameras.co.uk/foiwho....

Six months since my FOI I notice that Mr Derek Smith is now absent
from both the Police Command Team and RSPBO and there seems to be
no qualified accountant in his place.

I note,according to the Birmingham Mail, that`discredited' bonuses
are still being paid to police officers despite the force being
short of cash
http://www.birminghammail.net/news/birmi...

Obviously you cannot always believe what you read in the press and
therefore I would appreciate clarifications under FOI disclosure.

FOI POINT ONE.
Who,as of December 22nd 2011, is in control of resources for WM
Police and what are their accounting qualifications?

FOI POINT TW0.
Who,as of December 22nd 2011, is in control of resources for RSPBO
and what are their accounting qualifications?I presume that neither
ACC Garry Forsyth or Inspector Mick Hartill are suitably qualified.

FOI POINT THREE.
Is Mr Derek Smith BSc CPFA still employed by WM Police and, if
not,when did he leave and what plans are in train to provide a
qualified replacement.Is there any explanation as to why his
leaving has not been announced or can you provide a link to where
it is mentioned?

FOI POINT FOUR.
If the story about bonus payments is actually correct,please list
the quantity numbers and ranks of individuals being given bonus
payments and the corresponding amounts,so that total payment can be
calculated.

It is obviously a legal requirement that a qualified person is in
charge of finances and I am concerned that there appears to be no
named individual on display.

Yours faithfully,

Dennis Fallon.

show quoted sections

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From: b foi
West Midlands Police

24 January 2012


Attachment 5448 ans 01.pdf
37K Download View as HTML


Dear Mr Fallon

 FREEDOM OF INFORMATION ACT 2000

 

Your request for information, received 22 December 2011, has now been
considered.

 

Please find attached our response (5448_ans_01.pdf).

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

http://www.west-midlands.police.uk/pdf/F...

 

Please note that such an appeal must be received within six months of the
date of this correspondence.

 

If you require any further information, then please do not hesitate to
contact me.

 

Carl Bird

 

Freedom of Information Unit
Disclosure and Compliance Unit
Information Services

Tel: 0345 113 5000 ext 7630 6781

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999. For all
other enquiries (or for callers outside the West Midlands), dial 0345 113
5000

Website: [1]www.west-midlands.police.uk
Twitter: [2]www.twitter.com/wmpolice
Facebook: [3]www.facebook.com/westmidlandspolice
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[6]View all our social network links

 

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This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
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expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
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arising in any way from the receipt or use of this email.

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From: dennis fallon

2 February 2012

Dear Mr Bird,
Thank you for your reply dated 24 Jan 2012.
It contained some provisional information and requires further
clarifications subsequent to media reports that Mr Smith appears to
have been less than honest
http://www.birminghammail.net/news/solih...
.

For convenience I will restate information from your response.

Who, as of December 22nd 2011, is in control of resources for WM
Police and
what are their accounting qualifications?

From 7th November 2011, David Wilkin has become the temporary
Director of
Resources. David is a CCAB qualified accountant, was previously the
force's Head
of Finance & Procurement and has over 15 years of public sector
finance experience.

Who, as of December 22nd 2011, is in control of resources for RSPBO
and
what are their accounting qualifications? I presume that neither
ACC Garry
Forsyth or Inspector Mick Hartill are suitably qualified.

This information is not held by West Midlands Police. You may wish
to redirect your
query to the Chair of that group Councilor Tom Ansell – Walsall
Metropolitan
Borough Council.

Is Mr Derek Smith BSc CPFA still employed by WM Police and, if not,
when did
he leave and what plans are in train to provide a qualified
replacement. Is there
any explanation as to why his leaving has not been announced or can
you
provide a link to where it is mentioned?

Derek Smith left the force from his post of Director of Resources
at West Midlands
Police on 4th November 2011. We do not routinely announce
retirements from the
force.

If the story about bonus payments is actually correct, please list
the quantity
numbers and ranks of individuals being given bonus payments and the
corresponding amounts, so that total payment can be calculated.

Under the Freedom of Information Act we cannot supply comments on
the reliability
of newspaper articles. I can see that the article refers to Special
Priority Payments.

The purpose of Special Priority payments is to reward and recognise
those police
officers who carry out posts where it has been identified that
they:

Have specially demanding working conditions or working environments
or
Present particular difficulties in recruitment and retention or
Carry higher responsibilities than the norm for the rank of the
post.

Special Priority payments are part of the national police
regulations and officers will
receive the payment where it is evidenced that they are competent
against a set of
performance standards.

The Winsor Review has recommended to the Home Secretary that the
SPP scheme
should be withdrawn as part of a wider set of recommendations
relating to the terms
and conditions for police officers

Please see, on following pages, data from our Finance system on SPP
Payments
made in December. Please note that we are aware that these data
contain some
errors which will be corrected later in January.

CLARIFICATION POINT ONE.
The option for Mr Smith to resign subsequent to his detected fraud
was agreed by both Chief Constable Chris Sims and Bishop Derek
Webley,Chair of the Police Authority.
Obviously just because someone works for the police does not exempt
them from the normal justice system and as it would be morally
inappropriate for close colleagues alone to arrive at a decision
process,please confirm if Mr John Kilbey,force solicitor,provided
the legal advice which was followed, and if the issue was agreed by
all the members of the Police Authority or by Bishop Webley alone,
and has the Home Office been informed.

CLARIFICATION POINT TWO.
Quote“To ensure a totally independent enquiry, the investigation
into these allegations was referred to another force – Derbyshire
Police – which presented its findings in early November.

Derbyshire Police obviously produced a hard copy report and I would
appreciate knowing who selected Derbyshire to produce the
report,which authorities were supplied with a copy of the
report,and what was the cost charged to West Midlands Police for
producing the report.

CLARIFICATION POINT THREE.
I note that David Wilkin has become the temporary Director of
Resources.
Please advise why he does not appear as part of the Command Team on
the WM Police website and,as previously requested,advise of the
strategy towards providing a permanent replacement for this crucial
role.

CLARIFICATION POINT FOUR.
Thank you for confirming that the Winsor Review has recommended to
the Home Secretary that the Special Priority scheme should be
withdrawn.
Please clarify what you mean by saying "The Special Priority
payments are part of the national police regulations...",as the
word `regulations`seems to imply rigid rules.
Is there a document called the `national police regulations`,who
produced these `regulations`,when were they produced and who in
authority agreed to them.
Where does the money for these payments come from?

CLARIFICATION POINT FIVE.
As,quote "we are aware that these data contain some
errors which will be corrected later in January" please supply a
copy of the final corrected data.

These questions are posed in order to allow the police to
demonstrate that they are operating with integrity and
transparency,because these issues are very confusing.

Yours sincerely,

dennis fallon

Link to this

From: Freedom of Information
West Midlands Police

7 February 2012

Dear Mr Fallon

FREEDOM OF INFORMATION ACT 2000

Thank you for your request for information, received 2nd February 2012

Your request is being considered and you will receive a response within the statutory timescale of 20 working days, as defined by the Act, subject to the application of any statutory exemptions. Where consideration is being given to the application of any exemptions the 20 working day timescale may be extended under the terms of the Act to a period considered reasonable depending on the nature and circumstances of your request. In such cases you will be notified and, where possible, a revised time-scale will be indicated. In all cases we shall attempt to deal with your request at the earliest opportunity.
There may be a fee payable for the retrieval, collation and provision of the information requested, where the request exceeds the statutory limit. In such cases you will be informed in writing and the 20 working day timescale will be suspended until we receive payment from you or your request is modified and /or reduced. If you chose not to make full payment or modify your request then the request will remain unanswered.
Your request may require either full or partial transfer to another public authority. You will be informed if your request is transferred.

Yours sincerely,

Freedom of Information Unit
Disclosure and Compliance Unit
Information Services
Tel: 0345 113 5000 ext 7630 6781

To report crime and anti-social behaviour which does not require an emergency response please call 101. In an emergency call 999. For all other enquiries (or for callers outside the West Midlands), dial 0345 113 5000

Website: www.west-midlands.police.uk
Twitter: www.twitter.com/wmpolice
Facebook: www.facebook.com/westmidlandspolice
YouTube: www.youtube.com/westmidlandspolice
Flickr: www.flickr.com/westmidlandspolice

View all our social network links

Our vision: Serving our communities, protecting them from harm

show quoted sections

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From: Freedom of Information
West Midlands Police

28 February 2012


Attachment 310 draft 01.pdf
36K Download View as HTML


Dear Mr Fallon

 

FREEDOM OF INFORMATION ACT 2000

 

Your request for information, received 02 February 2012 concerning various
questions has now been considered. Please find attached a response to your
specific questions (310_ans_01.pdf).

 

While I note that you label your questions ‘clarifications’ they do, in
fact, represent new questions based on the data previously provided. You
should note that in the Freedom of Information (Fees and Appropriate
Limit) Regulations 2004, there is an "appropriate level" of £450 for
authorities such as ourselves. Similar requests from the same requester
can be aggregated if they are received within the same three month period.
While the time taken to compile the answers does not exceed the
appropriate limit at this time, I ask you to bear in mind that it may do
in the future if you continue to submit requests.

 

In addition, you should note that your request was more time-consuming to
process because the request repeated the last request and contained a
large amount of text which is not directly related to the request. In
fact, as you have used the same ‘what do they know’ page to generate this
new request, the full history is already contained on the page. Although
it may not have been your intention, the effect of this correspondence and
suppositions is to cause inconvenience.

 

Lastly, the request asks questions rather than asking for recorded
information. We have answered these questions in the spirit of the Act and
in order to assist. However it would assist us to provide you with
information if you would restrict your correspondence to clear, concise
questions which ask for recorded information.

 

You may find it useful to familiarise yourself with the guidance to
requesters issued by the Information Commissioners Office. It can be found
here:

 

[1]http://www.ico.gov.uk/upload/documents/l...

 

It may also be helpful if you read the following guidance:

 

[2]http://www.ico.gov.uk/upload/documents/l...

 

I would prefer that we continue to answer your requests under the Act and
I am sure, so long as you adhere to the guidance outlined above, we will
be able to do so.

 

Section 17 of the Freedom of Information Act places two duties on public
authorities.  Unless exemptions apply, the first duty at s1(1)(a) is to
confirm or deny whether the information specified in a request is held. 
The second duty at s1(1)(b) is to disclose information that has been
confirmed as being held.  Where exemptions are relied upon section 17 of
the Act 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 accordance with the Act, this letter represents a Refusal Notice for
the information that has been withheld by virtue of Section 21. This
exemption and explanatory notes are shown here:

 

http://www.west-midlands.police.uk/foi/p...

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

http://www.west-midlands.police.uk/pdf/F...

 

Please note that such an appeal must be received within six months of the
date of this correspondence.

 

If you require any further information please contact me.

 

Yours sincerely,

 

  

Carl Bird

Freedom of Information Unit

Information Services

Tel: 0345 113 5000

exts:

7630 6781

7630 6260

7630 6110

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999. For all
other enquiries (or for callers outside the West Midlands), dial 0345 113
5000

Website: [3]www.west-midlands.police.uk
Twitter: [4]www.twitter.com/wmpolice
Facebook: [5]www.facebook.com/westmidlandspolice
YouTube: [6]www.youtube.com/westmidlandspolice

Flickr: [7]www.flickr.com/westmidlandspolice

 

[8]View all our social network links

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
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2. http://www.ico.gov.uk/upload/documents/l...
3. http://www.west-midlands.police.uk/
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5. http://www.facebook.com/westmidlandspolice
6. http://www.youtube.com/westmidlandspolice
7. http://www.flickr.com/westmidlandspolice
8. http://www.west-midlands.police.uk/conta...

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From: dennis fallon

14 March 2012

Dear Mr Bird,

Thank you for your response and the information links regarding the
3 monthly accumulation of FOI costs and considerations for
vexatiousness, and the comments about my large amounts of excessive
text not directly related.

I appreciate your helpful comments and will mark this particular
FOI as COMPLETED on the public website whatdotheyknow.com,but I
wish to make some response to the considerations of vexatiousness
and excess text.

STATEMENT OF FACTS.
I am not paid to post these queries on a public website but I do it
in the public interest and to provide a permanent record.

I had no experience of the Justice `system` in September 2005 and
in Court swore on oath that I had good reason, duress of
circumstance, for driving at 35mph on the Hagley Road.This was no
great speed.

I had no idea that the Magistrates were puppets of the legal
system,without any legal qualifications,and were guided by the
clerk of the court when they did not understand anything.The whole
process was a money making charade and my honour and reputation as
an honest member of society was destroyed.The subsequent karma has
been amazing to experience.

In my opinion the legal and affiliated systems were deliberately
corrupt and a useless official complaint to West Midlands Police
was dismissed as `no evidence to substantiate` and later all traces
of my official complaint to the Department for Transport were
deleted from their records, the absence being revealed by a Data
Protection Disclosure.

This is the reason for the excessive text, to provide a permanent
hard copy record of explanatory background information which cannot
be deleted.

I posted two Police FOI Requests in 2009,namely one on 6th February
`Bristol Road Speed Camera Information`and one on 22 June `Chief
Constable`s delegation of Authority`which investigated the faulty
speed camera activations and why the Chief Constable,Sir Paul
Scott-Lee,had failed in his legal duty to delegate his authority.

I posted three Police requests in 2010,namely 22 February`Police
Logo and Mission statement`,which investigated why the police did
not understand their history and direction,and 21 June`Speed Camera
Partnership data`,which investigated strange happenings within the
partnership,and 29 October `Central Motorway Police Group
Prosecutions`which queried the actual responsibilities of the group
for speed enforcement.

I posted two Police requests in 2011,namely 9 May `Speed Camera
Funding and Financial queries`which queried various financial
issues,and 21 October `Gatso Calibration and Training`which was a
general query regarding standards.

I have only posted one WM Police query in 2012, namely `Financial
Control queries`,but this has been helpful in explaining why the
Head of Police Resources,Derek Smith, has been allowed to leave on
full pension without any detailed investigation of his fraudulent
activities.

I have posted all of these queries in good faith and never caused
you further difficulty by querying the false information from
request 9 May 2011 where you state,regarding the Proceeds of Crime
Act, "there seems to be a general misconception running through
this question that WMPA can use this seized money" when there is
considerable real evidence to the contrary
http://www.west-midlands.police.uk/lates...
.

For the record,as the link to this press release will be soon
discontinued,the article is entitled `Police announce winning
projects following online funding vote`and quote "More than 2,500
individual votes were cast during the Birmingham West and Central
Proceeds of Crime Act (POCA) Poll, with the eight shortlisted
community groups all receiving funding".

It is presumeably not wrong to release false information if that is
the information you are given to release but,from a public
perspective, it is not very satisfactory.

I appreciate your advice regarding the 3 month possible aggregation
of requests but I reassure you they are not intended to cause
inappropriate distress or lack purpose.

Yours sincerely,

dennis fallon

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