Gifts and Hospitality Policy

Peter Nockolds made this Freedom of Information request to Metropolitan Police Service (MPS)

The request was successful.

From: Peter Nockolds

13 March 2012

Dear Metropolitan Police Service (MPS),

Please can you send me a copy of your current gifts and hospitality
policy.

Please also can you send a copy of the gifts and hospitality policy
which was in force on 30th September 2011.

Thank you

Yours faithfully,

Peter Nockolds

Link to this

Metropolitan Police Service (MPS)

14 March 2012

Dear Mr. Nockolds

Freedom of Information Request Reference No: 2012030001768
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 13/03/2012.  I note you seek
access to the following information:

"Please can you send me a copy of your current gifts and hospitality
policy.        
Please also can you send a copy of the gifts and hospitality policy which
was in force on 30th September 2011."

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party.  In some circumstances the MPS may be unable to achieve this
deadline.  If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

R. Loizou
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

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

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

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Link to this

Metropolitan Police Service (MPS)

16 March 2012

Dear Mr. Nockolds

Freedom of Information Request Reference No: 2012030001768

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 13/03/2012. I note you seek
access to the following information:

1) Please can you send me a copy of your current gifts and hospitality
policy.

2) Please also can you send a copy of the gifts and hospitality policy
which was in force on 30th September 2011.

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.  I can confirm that the
information you have requested is held by the MPS.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at: MPS Publication Scheme.

DECISION

Pursuant to the provisions of Section 21 of the Freedom of Information Act
2000 (the Act) I have decided to refuse access to the information you have
requested.

REASON FOR DECISION

Section 21 of the Act provides:

(1)        Information which is reasonably accessible to the application
otherwise than under section 1 is exempt information…

(3)        For the purposes of subsection (1), information which is held
by a public authority and does not fall within subsection (2)(b) is not to
be regarded as reasonably accessible to the applicant merely because the
information is available from the public authority itself on request,
unless the information is made available in accordance with the
authority's publication scheme and any payment required is specified in,
or determined in accordance with, the scheme.

The information you have requested is available from the MPS Publication
Scheme.

Gifts & Hospitality Policy SOP:

www.met.police.uk/foi/pdfs/policies/gift...

Gifts & Hospitality EIA:

www.met.police.uk/foi/pdfs/policies/gift...

To access other information on the Publication Scheme please visit our
website at www.met.police.uk.  Alternatively you may contact the
Publication Scheme Co-ordinator using the following details:

The Publication Scheme Co-ordinator
Public Access Office
PO Box 57192
London
SW6 1SF
E-mail: [email address]
Telephone: 0207 161 3500 (Option 3)
Facsimile: 0207 161 3501

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

I would like to take this opportunity to thank you for your interest in
the MPS.

Should you have any further enquiries concerning this matter, please write
or contact Vanessa Christian on telephone number 02072303101 quoting the
reference number above.

Yours sincerely

Vanessa Christian
Management Information Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

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

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

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Link to this

Peter Nockolds left an annotation (16 March 2012)

Quote-marks I marked this as successful even though they say they refused the information - they gave me a link as to where I could find it.

Link to this

From: Peter Nockolds

16 March 2012

Dear Metropolitan Police Service (MPS),

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Metropolitan Police
Service (MPS)'s handling of my FOI request 'Gifts and Hospitality
Policy'.

The information is the second part of my request is not publicly
available

Please also can you send a copy of the gifts and hospitality policy
which was in force on 30th September 2011.

Please ignore my classification of this request as successful

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/gi...

Yours faithfully,

Peter Nockolds

Link to this

Metropolitan Police Service (MPS)

2 April 2012


Attachment Redacted Gifts and Hospitality SOP.tif.pdf
1.2M Download View as HTML


Dear Mr Nockolds

Freedom of Information Internal Review Reference No: 2012030002472

I write in connection with your correspondence dated 16/03/2012 requesting
that the Metropolitan Police Service (MPS) review its response dated
16/03/2012 to your request for information (ref: 2012030001768).  The
request was as follows:

Please can you send me a copy of your current gifts and hospitality
policy.

Please also can you send a copy of the gifts and hospitality policy which
was in force on 30th September 2011.

DECISION

The Metropolitan Police Service (MPS) has completed its review and decided
that a procedural error was made in relation to your request.

REASON FOR DECISION        

Please see the legal annex for the sections of the Freedom of Information
Act 2000 and Data Protection Act 1998 that are referred to in this letter.

The Freedom of Information Act 2000 creates a statutory right of access to
information held by public authorities. A public authority in receipt of a
request must confirm whether they hold the requested information and if
so, communicate it to the applicant. Furthermore, the Freedom of
Information Act is designed to place information into the public domain.
Therefore, once access to information is granted to one person under the
Act, it is then considered to be public information and must be
communicated to any individual upon request.

The right of access to information is subject to a number of exemptions
that are designed to enable public authorities to withhold information
that is not suitable for release.  The Act also specifies a number of
requirements for public authorities to adhere to when responding to
requests for information.

The MPS response dated 16/03/2012 did not provide a copy of the Gifts and
Hospitality policy that was place on 30/09/2011 or issue a refusal notice
in relation to this information.  However, you were provided with a link
to the current Gifts and Hospitality policy and standard operating
procedures in addition to the Equality Impact Assessment in relation to
the policy.

Section 21 of the Act is applicable to the Gifts and Hospitality policy
that was in effect on 30/09/2011 as this information is available in the
public domain via the following link:
http://www.met.police.uk/foi/pdfs/polici...

Please find attached a copy of the corresponding Gifts and Hospitality
Standard Operating Procedure (SOP) that is referred to within the policy
document.

One minor redaction has been made to this document relating to the name
and extension number of a member of staff.  This information is exempt
from disclosure under section 40(2) of the Freedom of Information Act as
disclosure would contravene the 1st data protection principle relating to
fair and lawful processing.

Please accept my apologies for any inconvenience caused by the omission of
the Gifts and Hospitality policy that was in effect on 30/09/2011 from the
original response to your request.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me on 0207 161 3705 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Brian Wilson
FOIA Complaints Officer

LEGAL ANNEX

Section 1 (General right of access to information held by public
authorities) of the
Act states:

(1) Any person making a request for information to a public authority is
entitled—
(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him.

http://www.legislation.gov.uk/ukpga/2000...

Section 17(1) (Refusal of a request) of the Freedom of Information Act
2000 states:

(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.

http://www.legislation.gov.uk/ukpga/2000...

Section 21(1) (Information accessible to applicant by other means) of the
Act states:

(1) Information which is reasonably accessible to the applicant otherwise
than under section 1 is exempt information.

http://www.legislation.gov.uk/ukpga/2000...

Section 40 (Personal information) of the Freedom of Information Act 2000
states:
 
(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 Data 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 Data
Protection Act 1998 (which relate to manual data held by public
authorities) were disregarded.

http://www.legislation.gov.uk/ukpga/2000...

The 1st Data Protection Principle, specified in Schedule 1 Part I of the
Data Protection Act 1998 states:

1 Personal data shall be processed fairly and lawfully and, in particular,
shall not be processed unless—
(a) at least one of the conditions in Schedule 2 is met, and
(b) in the case of sensitive personal data, at least one of the conditions
in Schedule 3 is also met.

http://www.legislation.gov.uk/ukpga/1998...
http://www.legislation.gov.uk/ukpga/1998...
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

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

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

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

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