Dear Paul

Freedom of Information Request Reference No:2010020003413

I write in connection with your request for information which was
received by Metropolitan Police Service (MPS) on 15/02/2010.

DECISION

I have decided to refuse access to the information you have requested
under the provisions of Section 8 of the Freedom of Information Act 2000
(the Act).

REASON FOR DECISION

Section 8 of the Act provides:

(1) In this Act any reference to a "request for information" is a
reference to such a request which-

(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.

(2) For the purposes of subsection (1)(a), a request is to be
treated as made in writing where the text of the request-

(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.

I am not required to process your request without information that can
later be referred to, as per Section 8 (1)(b). The information we require
is your full name and surname.

According to ICO guidance:
The use of the phrase "the name of the applicant" in section 8(1)(b)
indicates that the real name of the applicant should be used when
requesting information and not any other name, for example, a pseudonym.
Although one of the underlying principles of the FOIA is that the identity
of the applicant is not taken into account, it can be relevant in certain
circumstances. For example, when:

* a public authority has good reason to believe a requester is using a
pseudonym to shield his/her identity in order to avoid the possibility
of the request being considered as vexatious or repeated;

Therefore, we are of the view that it was the intention of the legislation
that an applicant should provide their real name so that the request can
be processed in accordance with the requirements of the FOIA.
The definition of "applicant" in section 84 of the FOIA adds weight to
this as the phrase in section 8(1)(b) should be read as " the name of the
person making the request". This also suggests that the use of a false or
fictitious name is not acceptable. Therefore, where a public authority
receives a request from a person using an obvious pseudonym, there is no
obligation to comply with the request; nor would it fall within the
jurisdiction of the Information Commissioner. If a public authority
chooses not to comply with the request it should, in keeping with its duty
under section 16, advise the applicant that the FOIA requires their real
name to be provided.
What constitutes a real name?
We consider that a relatively informal approach is also appropriate in
this context. Therefore, title and/or first name with surname satisfies
the requirement for provision of a real name, as does the use by a female
applicant of her maiden name. The prime consideration is whether enough of
a person's full name has been provided to give a reasonable indication of
that person's identity.
Example:
Mr Arthur Thomas Roberts could satisfy section 8(1)(b) of the FOIA by
stating his name in a request for information as "Arthur Roberts", "A. T.
Roberts", or "Mr Roberts", but not by stating his name as "Arthur" or
"A.T.R."
In the case of a company, it is not necessary to provide the full
registered name. It will be acceptable to provide another name which
exists as a real entity, such as a trading name. Similarly, a sole trader
could provide his or her real name or trading name.
In most cases, it will be reasonable for a real name to comprise a name by
which the person making the request is widely known and/or is regularly
used by that person and which is not an obvious pseudonym or fictitious
name.

To enable us to meet your request could you please resubmit your
application in accordance with the above requirements. If for any reason
you are unable to do so, please contact me for assistance or seek
assistance from any other available source.

We will consider your resubmitted request upon receipt as long as it meets
the requirements stated above. You will receive the information requested
within the statutory timescale of 20 working days as defined by the Act,
subject to the information not being exempt.

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 me via email, 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 and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 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

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Dear Mr. Mason

Freedom of Information Request Reference No: 2010020003516
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 16/02/2010. I note you seek
access to the following information:

* "In relation to the form 124D please explain the following;
* 1. how is a completed 124D form stored (electronically or paper)
* 2. how is a completed 124d form referenced
* 3. is a completed 124d form given a unique identifier (number etc)
* 4. How is the authenticity of a form 124D established?
* PLEASE ADD FURTHER QUERY 5. HOW ARE COMPLETED 124D FORMS TRACKED."

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 at the above e-mail address, 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 and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 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

show quoted sections

Dear Mr Mason

Freedom of Information Act Request Reference No: 2010020003516
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 16/02/2010. I note you seek
access to the following information:

· In relation to the form 124D please explain the following;
1. How is a completed 124D form stored? (electronically or paper)
2. How is a completed 124d form referenced ?
3. Is a completed 124d form given a unique identifier? (number etc)
4. How is the authenticity of a form 124D established?
5. How are completed 124D forms tracked?

This is to inform you that it has not been possible to answer Question 4
of this request as this question requires re-definition by yourself. Could
you please expand on the word 'authenticity' as it is not clear what you
mean here. Are you referring for example to the authenticity of the form
that comes back from the reporting office? To enable the MPS to meet your
request could you please provide this office with this information.

After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory timescale of
20 working days, subject to the information not being exempt or containing
a reference to a third party.

However, if the requested additional information has not been received by
17th May 2010 I will assume you no longer wish to proceed with this
request and will treat it as withdrawn.

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 me on telephone number 0207 321 7078 quoting the reference
number above.

Yours sincerely,

Deborah Solomon
Information 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 and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 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

show quoted sections

Dear Mr Mason

Freedom of Information Request Reference No: 2010020003516

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 16/02/2010. I note you seek
access to the following information:

"In relation to the form 124D please explain the following;
1. How is a completed 124D form stored? (electronically or paper)
2. How is a completed 124D form referenced?
3. Is a completed 124D form given a unique identifier? (number etc)
4. How are completed 124D forms tracked?"

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at Territorial Policing Headquarters - Crime Directorate and Directorate
of Information - Records Management Unit.

RESULT OF SEARCHES

The searches located some information relevant to your request.

DECISION

I have today decided to disclose the answers to questions 2, 3 and 4 and
fully exempt the answer to question 1 pursuant to the provisions of
section 14(2) of the Act.

The Form 124D is a paper booklet designed as an aide memoire for officers.
All information contained within the booklet will be transferred onto the
IT database CRIS, and the booklet will then be filed on the Borough.
Boroughs have developed their own filing systems, most of which cross
reference the CRIS to the Form 124D. When filing these forms on borough,
they will be given a number pertinent to the Borough where the incident is
recorded. The forms are only retained locally for a maximum of eight years
and then destroyed.

A 124D must be completed in every ACPO defined incident of domestic
violence. They must be supervised by line managers and forwarded to the
Borough Community Safety Unit in every instance who will 'marry' the 124D
to the CRIS. Compliance is monitored by use of a radio button on the CRIS.
Community Safety Unit staff will request completion and submission of the
124D where this action is not complied with.

In some circumstances a case involving the 124D Form may meet the criteria
for registration, for example when there is a prosecution or when there
was a non-judicial disposal or discontinued prosecution. In these
circumstances a registered file would be created containing all relevant
information, including the Form 124D. This file would then be allocated a
unique registered file reference number. Once investigations or
proceedings have been completed, the file will be placed into storage
before being reviewed. The length of time the file is retained in storage
before being reviewed will depend upon the seriousness of the case, but
will be either five or seven years from the date of registration under the
current review criteria. The file will then be destroyed unless there are
any special circumstances that require the file to be retained for a
longer period of time.

The below links provide guidelines on the management of police information
that you may find useful.

http://www.met.police.uk/foi/pdfs/other_...

http://www.met.police.uk/foi/pdfs/polici...

http://www.npia.police.uk/en/docs/Manage...

This letter therefore serves as a partial Refusal Notice under Section
17(1) of the Freedom of Information Act 2000 (the Act).

REASONS FOR DECISION

Please see the legal annex for the relevant sections of the Act that are
referred to in this letter.

The procedure in relation to the storage of Form 124D is contained within
Section 2.1 of the Domestic Violence SOP which you were previously
provided with on 12th February 2010.

Legal Annex

Section 17(1) of the Act provides:

(1) A public authority which, in relation to any request for information,
is to any extent relying on a claim that any provision in part II relating
to the duty to confirm or deny is relevant to the request or on a claim
that information is exempt information must, within the time for complying
with section 1(1), give the applicant a notice which-

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 14(2) of the Act provides:

(2) Where a public authority has previously complied with a request for
information which was made by any person, it is not obliged to comply with
a susequent identical or substantially similar request from that person
unless a reasonable interval has elapsed between compliance with the
previous request and the making of the current request.

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 Deborah Solomon on 0207 321 7064 or at the address at the top of
this letter, quoting the reference number above.

Yours sincerely

DS Stratton
TP Crime

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 and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 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

show quoted sections