Freedom Of Information SOP

Tony Davison 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.

The request was partially successful.

Dear Metropolitan Police Service (MPS),

Please could you supply me with a copy of any Standard Operating Procedure that the MPS uses in dealing with Freedom of Information Requests. Could you also tell me when the MPS adopted this procedure.

If time permits, i.e. if it does not take my request over costs, please supply me with an emails, document, minutes of meetings on the consultation between the Public Access Office and the other branches of the MPS about the introduction of the Standard Operating Procedure. I would particularly like to see any from HR, Directorate of Professional Standards, Territorial Policing, Special Operations and Specialist Crime.

If you think this will incur costs please just send me a copy of the Standard Operating Procedure and when it was introduced.

Yours faithfully,

Tony Davison

Metropolitan Police Service (MPS)

Dear Mr. Davison,

Freedom of Information Request Reference No: 2010110001480
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 06/11/2010. I note you seek
access to the following information:

* "Please could you supply me with a copy of any Standard Operating
Procedure that the MPS uses in dealing with Freedom of Information
Requests. Could you also tell me when the MPS adopted this procedure.
* If time permits, i.e. if it does not take my request over costs,please
supply me with an emails, document, minutes of meetings on the
consultation between the Public Access Office and the other branches
of the MPS about the introduction of the Standard Operating Procedure.
I would particularly like to see any from HR, Directorate of
Professional Standards, Territorial Policing, Special Operations and
Specialist Crime.
* If you think this will incur costs please just send me a copy of the
Standard Operating Procedure and when it was introduced."

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 Katie London on telephone number 02071613907 quoting
the reference number above.

Yours sincerely

Katie London
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

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

Dear Mr Davison

Freedom of Information Act Request Reference No: 2010110001480
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 06/11/2010. I note you seek
access to the following information:

1. "Please could you supply me with a copy of any Standard Operating
Procedure that the MPS uses in dealing with Freedom of Information
Requests.
2. Could you also tell me when the MPS adopted this procedure.
3. If time permits, i.e. if it does not take my request over costs,
please supply me with an emails, document, minutes of meetings on the
consultation between the Public Access Office and the other branches
of the MPS about the introduction of the Standard Operating Procedure.
I would particularly like to see any from HR, Directorate of
Professional Standards, Territorial Policing, Special Operations and
Specialist Crime.

If you think this will incur costs please just send me a copy of the
Standard Operating Procedure and when it was introduced".

This is to inform you that I cannot identify any specific records /
documents that will satisfy question 3 of your request based on the
details you have provided. To enable the MPS to meet your request could
you please provide this office with further information. I provide some
guidance that may assist you more clearly describe the information you
require:

* In relation to question 3, please would you clarify whether you refer
to the consultation process regarding the drafting of the SOP, or any
communications about the actual introduction of the SOP.

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
8th February 2011 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 email
A. Duncan quoting the reference number above.

Yours sincerely,

A. Duncan
Policy & Support Team Leader
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

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Dear Metropolitan Police Service (MPS),

Thanks for your reply.

Before your FOIA SOP was implemented MPS wide you must have gone through a consultation with your partner directorates to gain their views on it. I am looking for documents in relation to this

Yours faithfully,

Tony Davison

Metropolitan Police Service (MPS)

Dear Mr Davison

Freedom of Information Request Reference No: 2010110001480
Thank you for re-defining question 3 of your request.

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 email
A.Duncan quoting the reference number above.

Yours sincerely

A Duncan
Policy & Support Team Leader
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

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

Dear Mr Davison

Freedom of Information Request Reference No: 2010110001480

I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 06/11/2010. I note
you seek access to the following information:

"Please could you supply me with a copy of any Standard Operating
Procedure that the MPS uses in dealing with Freedom of Information
Requests. Could you also tell me when the MPS adopted this procedure.

If time permits, i.e. if it does not take my request over costs,please
supply me with an emails, document, minutes of meetings on the
consultation between the Public Access Office and the other branches of
the MPS about the introduction of the Standard Operating Procedure. I
would particularly like to see any from HR, Directorate of Professional
Standards, Territorial Policing, Special Operations and Specialist Crime.

If you think this will incur costs please just send me a copy of the
Standard Operating Procedure and when it was introduced."

Re-defined request:

"Before your FOIA SOP was implemented MPS wide you must have gone through
a consultation with your partner directorates to gain their views on it. I
am looking for documents in relation to this".

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 exemption:

Section 31 - Law Enforcement

I can now advise you that the amended date for a response is 5th January
2011.

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 me on 020 7161 3564 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Andrea Duncan
Policy & Support Team
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

show quoted sections

Dear Metropolitan Police Service (MPS),

Thank you for you email regarding my request.

I am, however, intrigued by your consideration of Section 31 - Law Enforcement. Maybe I am being stupid, but how does the release of the procedures for dealing with Freedom of Information requests or the consultation you undertook impact on the MPS' ability to do its core function of enforcing the law? I am not sure I see a connection between the two. I am not asking for the procedures you undertake when you investigate a robbery or a murder but how you administer the information requests you receive.

It would seem more feasible that what has happened is that you have not had time to draft an adequate response and that you need more time. If this is the case then why not simply admit and apologise. I understand that although the legislation states you have 20 working days sometimes this is not possible and that occasionally Section 10 needs to be breached. Being open and honest surely would be the best policy here and would engender more goodwill than the cynical and spurious use of section 17(2)in extending your time.

I look forwrd to receiving your rationale as to how my request could impact Law Enforcement and of course to the formal response te my request.

Yours faithfully,

Tony Davison

Dear Metropolitan Police Service (MPS),

I am still awaiting a response from you as to why you think section 31 - Law Enforcement could apply to a purely administrative procedure of dealing with information requests. I personally don't see the connection. Would revealing your system really impact the MPS' ability to stop crime and enforce the law?

I am sure this is just an oversight on your behalf, but I am expecting an answer to my email dated 1st December 2010.

I look forward to your reply, at your earliest convenience

Yours faithfully,

Tony Davison

Dear Metropolitan Police Service (MPS),

I once again feel obliged to write to you as you have blatantly ignored my previous two emails to you, not even having the decency to acknowledge their receipt. I will therefore give you one more chance to answer my query.

Please justify your rationale to extend my request using section 17(2) citing section 31 - Law Enforcement.

Section 31 states:

31 Law enforcement.
(1)Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice—.
(a)the prevention or detection of crime,.
(b)the apprehension or prosecution of offenders,.
(c)the administration of justice,.
(d)the assessment or collection of any tax or duty or of any imposition of a similar nature,.
(e)the operation of the immigration controls,.
(f)the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained,.
(g)the exercise by any public authority of its functions for any of the purposes specified in subsection (2),.
(h)any civil proceedings which are brought by or on behalf of a public authority and arise out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under an enactment, or.
(i)any inquiry held under the M1Fatal Accidents and Sudden Deaths Inquiries (Scotland) Act 1976 to the extent that the inquiry arises out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under an enactment..
(2)The purposes referred to in subsection (1)(g) to (i) are—.
(a)the purpose of ascertaining whether any person has failed to comply with the law,.
(b)the purpose of ascertaining whether any person is responsible for any conduct which is improper,.
(c)the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise,.
(d)the purpose of ascertaining a person’s fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on,.
(e)the purpose of ascertaining the cause of an accident,.
(f)the purpose of protecting charities against misconduct or mismanagement (whether by trustees or other persons) in their administration,.
(g)the purpose of protecting the property of charities from loss or misapplication,.
(h)the purpose of recovering the property of charities,.
(i)the purpose of securing the health, safety and welfare of persons at work, and.
(j)the purpose of protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work.

Please can you identify which particular subsection could apply to your Standard Operating Procedure when dealing with Information requests. Reading the section I fail to see how any could be applied. I am sure that as you have quoted its consideration you have a rationale, please explain this to me. I don't believe there was any reason to use section 17(2) and you have merely cynically used it to give yourselves more time to answer my request.

Should you choose to ignore this email, I will have to conclude that you are choosing to do so in order to block access to the information I have requested. This would be in violation of Section 77, which states:

77 Offence of altering etc. records with intent to prevent disclosure.
(1)Where—.
(a)a request for information has been made to a public authority, and.
(b)under section 1 of this Act or section 7 of the Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.
(2)Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority.

As you can see that violation of this section is a criminal offence for which you as a representative of the MPS can be held accountable.

If I have not received an apology for the ignoring of my emails and a response to the requested logic for applying section 17(2)in the next few days, I will have no other option but to approach the Information Commissioner with a view to investigating this perceived blocking of information.

I am genuinely hopeful that we can resolve this by you simply giving me your rationale as requested. Neither you nor I wish to go down this route but if I have to I will.

I look forward to your reply.

Yours faithfully,

Tony Davison

Metropolitan Police Service (MPS)

Dear Mr Davison

Freedom of Information Request Reference No: 2010110001480

I have been asked to forward the following to you by Lou Lander, Higher
Information Access Manager:

Dear Mr Davison

I am writing to inform you that details of your FOIA request, and the
associated documents captured by the request, were forwarded to me in
order for me to undertake the public interest considerations in respect
of the section 31 exemption that had previously been applied. I was made
aware of your recent enquires about the application of the exemption
only today, and I apologise that you have not received a response to
these enquiries sooner. This is particularly so as my own decision,
based on a further review of the requested information, has determined
that the section 31 exemption is not engaged.

As a result my team have been working to prepare the information for
disclosure to you - the only information that will be withheld is the
names of certain members of MPS staff (generally those of lower rank or
those who were not involved in the process as 'decision makers') and any
personal information that may be referred to within the correspondence
itself (this will be withheld by virtue of section 40(2)). Although only
small redactions to the documents are necessary to remove this
information, each of the documents for disclosure must be redacted in
this way. There are approximately 31 individual documents and chains of
emails currently being prepared for disclosure, and I am working towards
providing a final response and disclosure to you within the next 7 days.
I am aware that this exceeds the statutory deadline for response set by
section 10 of the Act and once again, I would like to offer my apologies
for this delay and the inconvenience caused to you. I hope that this
letter has provided you with a useful explanation of the present status
of your request.

Yours sincerely

Lou Lander

Higher Information Access Manager

 
 
The Metropolitan Police Service is here for London - on the streets and in your community, working with you to make our city 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). The MPS has a strict staff conduct policy. Any email that causes you concern should be reported via the Contacts section on the official MPS Website at www.met.police.uk

Metropolitan Police Service (MPS)

Dear Mr. Davison

Freedom of Information Request Reference No: 2010110001480
I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 06/11/2010. I note
you seek access to the following information:

* " Please could you supply me with a copy of any Standard Operating
Procedure that the MPS uses in dealing with Freedom of Information
Requests.
* Could you also tell me when the MPS adopted this procedure. If time
permits, i.e. if it does not take my request over costs,please supply
me with an emails, document, minutes of meetings on the consultation
between the Public Access Office and the other branches of the MPS
about the introduction of the Standard Operating Procedure.
* I would particularly like to see any from HR, Directorate of
Professional Standards, Territorial Policing, Special Operations and
Specialist Crime. If you think this will incur costs please just send
me a copy of the Standard Operating Procedure and when it was
introduced."

* Redefinition received on 08/11/2010:
* Before your FOIA SOP was implemented MPS wide you must have gone
through a consultation with your partner directorates to gain their
views on it. I am looking for documents in relation to this".

I am afraid that it has not been possible to send the response to you
within the seven days as you were previously informed. I want to
express my sincere apologies for the extended delay of your request.
I am dealing with this FOIA as a priority and I am aim to get a
response to you as soon as possible.

Yours sincerely,

Katie London
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

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

Dear Mr Davison

Freedom of Information Request Reference No: 2010110001480

I am writing to let you know that I have just tried to send your completed
response to you and have received a 'bounce back' message indicating that
the email is 'too large for the system or the recipient's mailbox may be
full' (which seems unlikely). I will re-send the response to you as a
series of separate emails each containing a smaller number of documents,
but the documents have been formatted for dislosure by our FOIA case
management system and cannot simply be copied straight from the present
response into new emails. I will not be able to complete this further task
tonight. I apologise for this last-minute hold-up, and I confirm that your
response will be sent to you as early as possible tomorrow morning.

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 on 0207 0915565 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Louise Lander
Higher Information Access Manager

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

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

3 Attachments

Dear Mr Davison,
Freedom of Information Request Reference No: 2010110001480
I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 06/11/2010. I note
you seek access to the following information:
"1. Please could you supply me with a copy of any Standard Operating
Procedure that the MPS uses in dealing with Freedom of Information
Requests.
2. Could you also tell me when the MPS adopted this procedure.
3. If time permits, i.e. if it does not take my request over costs,please
supply me with an emails, document, minutes of meetings on the
consultation between the Public Access Office and the other branches of
the MPS about the introduction of the Standard Operating Procedure.
I would particularly like to see any from HR, Directorate of Professional
Standards, Territorial Policing, Special Operations and Specialist Crime.
If you think this will incur costs please just send me a copy of the
Standard Operating Procedure and when it was introduced.
Redefinition received on 08/11/2010:
Before your FOIA SOP was implemented MPS wide you must have gone through a
consultation with your partner directorates to gain their views on it. I
am looking for documents in relation to this".
Further to my previous email, I would like to express my sincere apologies
for the extended delay in responding to your request.
Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request. I can confirm that the MPS
holds the requested information
DECISION
I have today decided to:

* disclose records in response to Questions 1& 2 in full;
* disclose records in response to Question 3, subject to the deletion of
information pursuant to the provisions of section S40(2) of the
Freedom of Information Act 2000 (the Act).

Question 1 & 2:
You have requested a copy of the Standard Operating Procedure and asked
when it was introduced. There have been no changes to the FOIA SOP since
a copy was disclosed to you previously on 15/07/2010.
The SOP was introduced in July 2010:
http://www.met.police.uk/foi/pdfs/polici...

Question 3:
The relevant information for disclosure here has been formatted into a
number sequence, which can be found in the attached documents. As
specified in your request, this information relates to the consultation
that took place between the PAO (part of the Directorate of Information)
and the other MPS Directorates prior to the introduction of the SOP. It
also includes several emails exchanged between the PAO and the DOI unit
with responsibility for acting as liaison between DOI and the Information
Managers who deal with FOIA requests in each of the MPS Directorates.
The vast majority of this information has been disclosed to you, including
the names of the senior PAO personnel and senior DOI personnel with
responsibility as decision-makers in the process have been disclosed. The
information withheld consists only of the names of those individuals of
lower rank within and outside the PAO, or those who simply provided a
view, but had no role in decision making with regard to the SOP. This
includes the names of those who were copied into emails for their
information only and those involved in the administrative roles in the
process. This information has been redacted by virtue of S40 of the
Freedom of Information Act (FoIA); an explanation of the section 40(2)
exemption, along with the relevant sections of the Act are included in the
Legal Appendix section below.
Please find the requested information in the accompanying attachment. The
documents contained in this email consist of the correspondence relevant
to Question 3 of your request. In some cases, the correspondence itself
contains reference to and copies of additional associated - where your
request these associated documents have also been provided - they will be
sent in a further three emails:

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 on 0207 091 5565 or at the address at the top of this letter,
quoting the reference number above.
Yours sincerely

Lou Lander
Higher Information Access Manager

Legal Appendix:
Section 17 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.
Sec 40 (2) Personal Information states:
(1) Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
data subject.
(2) Any information to which a request for information relates is also
exempt information if-
(a) it constitutes personal data which do not fall within subsection (1),
and
(b) either the first or the second condition below is satisfied.
(3)The first condition is***
(a)in a case where the information falls within any of paragraphs (a) to
(d) of the definition of ***data*** in section 1(1) of the M1Data
Protection Act 1998, that the disclosure of the information to a member of
the public otherwise than under this Act would contravene***
(i)any of the data protection principles, or
(ii)section 10 of that Act (right to prevent processing likely to cause
damage or distress), and
(b)in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the
M2Data Protection Act 1998 (which relate to manual data held by public
authorities) were disregarded.
As described above, the information pertaining to certain staff members
name is exempted by virtue of S40(2)(a)(b) and (3)(a)(i)(ii) as the
information to which this request relates is personal data as defined by
Section 1 (a) to (d) of the Data Protection Act, and disclosure would
contravene -
(i) Principle 1 of the Data Protection Act (processing of personal data
must be fair and lawful)
(ii) Section 10 of the Act (right to prevent processing likely to cause
damage or distress).
Reviewing this request, the conditions relevant for the purposes of
meeting Principle 1 of the Data Protection Act (DPA) are covered within
Schedule 2 of the DPA and those relevant to Freedom of Information
requests are Conditions 1 and 6.
Condition 1 requires consent of the data subject (the author) to meet
Principle 1 (fair and lawful) of the DPA. In this case, Condition 1 is not
met by virtue of Section 10 of the Data Protection Act.
Condition 6 covers purposes for processing which are of legitimate
interest pursued by the Data Controller (Commissioner). In this case we
would argue that the legitimate expectations of the individual named
within the document requested that his / her name will not be disseminated
within the public domain, as their roles do not qualify as public facing
or as senior ranking. Additionally, we would argue that such a disclosure
would not meet the qualifying test under Article 8 of the Human Rights Act
1998 (HRA), as the disclosure is not necessary in a democratic society in
the interests of national security, public safety or for the economic
well-being of the country, for the prevention of disorder or crime, for
the prevention of health or morals, or for the protection of the rights
and freedoms of others and would, therefore, prejudice the rights and
freedoms afforded to individuals under the Data Protection Act and Article
8 of the HRA.
To conclude, the release of the information would breach the rights
afforded to the author by virtue of the Data Protection Act 1998 and the
Human Rights Act 1998, and would not be fair, therefore, this information
is withheld under Section 40 (2)(a)(b) and (3)(a)(i)(ii) of the Freedom of
Information Act 2000.

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

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

Dear Mr Davison

We are still experiencing problems sending the documents for disclosure
through to you, although it does appear that the first email sent to you
today has got through - this contains the full text of the response to
you. The problem is in copies of documents which were themselves referred
to or embedded in the original correspondence which has been disclosed. To
get these to you I will have each document sent in an individual email,
which will simply contain the document and details of the correspondence
in which it appears - you will then be able to refer back to the
correspondence itself which was included in the first email sent. There
will be eight emails in addition to the response itself.

Yours sincerely

Lou Lander | Higher Information Access Manager | Public Access Office |
Security Standards and Architecture | Directorate of Information |
Metropolitan Police Service
Telephone 0207 091 5565 | Email [email address]
Address 20th Floor, Empress State Building, PO Box 57192, LONDON, SW6 1SF

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

2 Attachments

Dear Mr Davison,

Freedom of Information Request Reference No: 2010110001480
Please find attached the relevant associated document for correspondence
15.

Yours sincerely,
Lou Lander
Higher Information Access Manager

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

2 Attachments

Dear Mr Davison,

Freedom of Information Request Reference No: 2010110001480

Please find attached the relevant associated documents for correspondence
16.

Yours sincerely

Lou Lander
Higher Information Access Manager

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Davison,

Freedom of Information Request Reference No: 2010110001480
Please find attached the associated document for correspondence 17 .

Yours sincerely

Lou Lander
Higher Information Access Manager

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Davison,

Freedom of Information Request Reference No: 2010110001480
Please find attached the associated document for correspondence 4

Yours sincerely

Lou Lander
Higher Information Access Manager

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Davison,

Freedom of Information Request Reference No: 2010110001480
Please find attached the associated document for correspondence 4.

Yours sincerely

Lou Lander
Higher Information Access Manager

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Davison,

Freedom of Information Request Reference No: 2010110001480
Please find attached the associated document for correspondence 5.

Yours sincerely,

Lou Lander
Higher Information Access Manager

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
1. http://www.met.police.uk/

Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Davison,

Freedom of Information Request Reference No: 2010110001480
Please find attached the associated document for correspondence 8.

Yours sincerely

Lou Lander
Higher Information Access Manager

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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
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email. The MPS accepts no responsibility for unauthorised agreements
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Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Davison,

Freedom of Information Request Reference No: 2010110001480
Please find attached the associated document for correspondence 9.

Yours sincerely

Lou Lander
Higher Information Access Manager

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
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Dear Mr/Ms Lander

Thank you for your assistance with my request.

After much consideration, I am writing to request an internal review of Metropolitan Police Service (MPS)'s handling of my FOI request 'Freedom Of Information SOP'.

Specifically, I would like the use of the Public Interest Test to initially extend my request to be reviewed during the internal review. I appreciate that you stated that Section 31 wasn't engaged, however, I am curious as to why it was invoked in the first place, therefore, I would like it reviewed internally.

A full history of my FOI request and all correspondence is available on the Internet at this address:

http://www.whatdotheyknow.com/request/fr...

Yours faithfully,

Tony Davison

Metropolitan Police Service (MPS)

Dear Mr Davison

Thank you for your email.

I will forward your request for review to a Reviewer, but before doing
so I thought I should make you aware that while the Internal Reviewer
will consider the original decision to apply section 31 and determine
either to uphold or to vary it, if you are seeking an explanation of why
it was initially applied, and why my own later decision was that the
exemption was not engaged, then I can actually provide this for you. I
will not be able to undertake an internal review as such as I was
involved in the processing of the original request, however the
Complaint Rights which accompanied your response do advise that if you
disagree with a decision or are unhappy with the way the request was
handled then you may contact the case officer who responded to you to
discuss, and in this case I am aware of the rationale behind the section
31 decision, as well as my own. If your concern cannot be resolved by
this means then the option of a Review is still open to you.

Please let me know if this would be of use to you, or if you would
rather proceed straight to a formal Internal Review.

Yours sincerely

Lou Lander

Lou Lander | Higher Information Access Manager | Public Access Office |
Security Standards and Architecture | Directorate of Information |
Metropolitan Police Service
Telephone 0207 091 5565 | Email [email address]
Address 20th Floor, Empress State Building, PO Box 57192, LONDON, SW6
1SF

show quoted sections

Dear Ms/Mr Lander

Thank you for your reply.

I would appreciate any incite you could give me about why Section 31 was used to try and extend my request. After reading all the documents I can see no place that Law Enforcement could even cover.

I look forward to your response

Yours faithfully,

Tony Davison

Metropolitan Police Service (MPS)

Dear Mr Davison

Thanks for letting me know - I will get started on your explanation and
hope to be in touch early next week.

Lou Lander (Louise)

Lou Lander | Higher Information Access Manager | Public Access Office |
Security Standards and Architecture | Directorate of Information |
Metropolitan Police Service
Telephone 0207 091 5565 | Email [email address]
Address 20th Floor, Empress State Building, PO Box 57192, LONDON, SW6
1SF


 
 
The Metropolitan Police Service is here for London - on the streets and in your community, working with you to make our city 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). The MPS has a strict staff conduct policy. Any email that causes you concern should be reported via the Contacts section on the official MPS Website at www.met.police.uk

Metropolitan Police Service (MPS)

Dear Mr. Davison,

Lou Lander asked me to let you know that she is just waiting to confirm
her final understanding of the section 31 rationale with the Case Officer
for your request before sending to you.

She will be able to do this on Monday and you will hear from her then.

Kind Regards,

Katie London | FOIA Policy and Support Officer | Security Standards and
Architecture | Directorate of Information | Public Access Office

Metropolitan Police Service

Email - [email address] | Phone - 0207 161 3907 | Met Phone -
783907

Address - Public Access Office, PO BOX 57192, London SW6 1SF

Protective Marking: Not Protectively Marked

Suitable for Publication: Y
Recipients of this email should be aware that all communications within
and to and from the Metropolitan Police Service are subject to
consideration for release under the Data Protection Act, Freedom of
Information Act and Environmental Information Regulations. The MPS will
consider information for release unless there is are valid and
proportionate public interest reasons not to, therefore, sensitive
information not for public disclosure must be highlighted as such. Further
advice can be obtained from the Public Access Office - 783500.

P Please consider the environment before printing this email. If you do
need to print then consider printing duplex.

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
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Metropolitan Police Service (MPS)

Dear Mr Davison

Thank you for waiting over the weekend for me to come back to you. The
decision that the section 31 exemption was engaged was based on certain of
the correspondence which discusses requests made in languages other than
English. While at first sight this may appear to be a step removed from
the 'law enforcement' functions of the MPS, it was felt to be linked to
them through the resourcing and funding arrangements in place to support
the Public Access Office and the management of FOIA across the wider MPS.

It was considered that there was a significant risk that disclosure of
this correspondence could generate a substantial increase in FOIA requests
received by the MPS which would require translation. If such an increase
were to take place, this burden would fall to the PAO as the unit who
receives, logs and allocates the vast majority of FOIA requests made to
the MPS, and it is apparent that additional resource would be needed to
maintain our service provision. In these circumstances, it would be
necessary for the PAO to request additional funding; if granted, this
funding would itself need to be drawn from the budgets of other MPS units
including Territorial Policing and the Serious Crime Directorate.

It is in this respect that the impact of an increase in the number of FOIA
requests to the PAO could have a direct impact on the delivery of
operational policing (or in the wording of section 31, the prevention and
detection of crime and the apprehension and prosecution of offenders) -
effectively, the necessary increase in the PAO budget could only be
achieved at the expense of operational Directorates, whose own services
would need be adjusted as a result of a reduction in their own budget.
However, due to the 'devolved' system operated by the MPS for the
processing of FOIA requests (whereby requests are allocated by the PAO to
the relevant MPS business unit who then take responsibility for locating
information and providing the response to the applicant), these same
operational Directorates would themselves face additional translation
costs in order to respond to any such requests, and this would require
further adjustment of their core services. It was for this reason that
section 31 was felt to be engaged, and the subsequent extension to
undertake the public interest test was issued.

As in my previous email to you, I apologise that this rationale was not
fully explained to you at the time of the extension as it should have
been, and I hope that this does now clarify matters for you.

Lou Lander | Higher Information Access Manager | Public Access Office |
Security Standards and Architecture | Directorate of Information |
Metropolitan Police Service
Telephone 0207 091 5565 | Email [email address]
Address 20th Floor, Empress State Building, PO Box 57192, LONDON, SW6 1SF

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

Visible links
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