Information held on IOPC case ref: 2019/127574 and related cases

David Gale made this Freedom of Information request to Independent Office for Police Conduct

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Response to this request is long overdue. By law, under all circumstances, Independent Office for Police Conduct should have responded by now (details). You can complain by requesting an internal review.

Dear Sir / Madam

IOPC case ref: 2019/127574 stems from a complaint made against Derbyshire Constabulary’s Chief Constable that involves instances of multi-agency corruption in the city of Derby. The case includes multiple documentarily evidenced counts of fraud and conspiracy to pervert the course of justice, related to the lack of fire escape in a six storey University of Derby building used by police officers and law students for training and education purposes.

Derbyshire Constabulary and its Police & Crime Commissioner concluded that there was no crime for it to investigate, despite not having reviewed any of the available evidence, and despite having been made aware of the direct conflicts of interest of both the force and its Police & Crime Commissioner.

Derbyshire Constabulary’s and the Police & Crime Commissioner’s knowledge that any criminal investigation would likely be compromised if they did choose to review the available evidence, and their evidenced disregard for serious criminal offences, is compounded by their ongoing failure to refer themselves to the IOPC, and their failure to sign post alternative routes for investigation.

In August 2020, in a review that contains significant contradictions and errors both in fact and in law, the IOPC found that Derbyshire Constabulary’s conduct was generally reasonable. The IOPC review report made no reference whatever to the requirement for a Chief Constable to display high levels of personal integrity; demonstrate professional, ethical and moral standards; and provide leadership and clear organisational structures and responsibilities. The IOPC has since refused to address the inadequacies of its review report.

With respect to IOPC case ref 2019/127574 and any related cases, please provide sight of:

1. advice or other information provided by IOPC officers and third parties,

2. information or responses received from Derbyshire Constabulary,

3. the IOPC communication and document review logs,

4. the internal escalation route through which the case has been progressed.

Yours faithfully

David Gale

!Request Info, Independent Office for Police Conduct

This is an automated email please do not respond to it.
 
Thank you for your email.
 
If you have made a request for information to the IOPC, your email and any
attachments will be assessed, logged and forwarded onto the appropriate
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FOI & DPA Team
 
This message and its content may contain confidential, privileged or
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of the author and do not necessarily represent the views of the IOPC. Only
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IOPC by email. The IOPC accepts no responsibility for unauthorised
agreements reached with other employees or agents. The IOPC cannot
guarantee the security of this email or any attachments. While emails are
regularly scanned, the IOPC cannot take any liability for any virus that
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monitored to the extent permitted by law. Consequently, any email and or
attachments may be read by monitoring staff.

!Request Info, Independent Office for Police Conduct

Dear Mr Gale

Thank you for your email in which you make a request for documents and information relating to a matter that is personal to you.

We would like to inform you that the Freedom of Information Act 2000 (FOIA) is not the appropriate channel to request information relating to a personal case. The FOIA is a public disclosure regime, not a private one. It provides a right for members of the public to request recorded information held by public authorities and disclosure made under its terms are as if to 'the world at large'. It would normally be used to obtain matters that are in the public interest, such as general information about our work, our policies and procedures etc. We will not provide information relating to individual review and police complaint cases under the FOIA.

It is also significant that you have made this request via the What Do They Know Website which publishes correspondence by default. The House Rules (https://www.whatdotheyknow.com/help/hous...) of the What Do They Know website clearly state that the site is not to be used for general correspondence with public authorities nor for correspondence about your own personal circumstances.

In your case it appears that you are seeking specific documents that relate to a personal review. If you wish to challenge any decision we have made in relation to a review, you should obtain independent legal advice with a view to seeking a judicial review. Further information about this process can be found via the following link: https://www.judiciary.uk/you-and-the-jud...

Alternatively if you wish to see particular information contained in your personal case file, you should consider making a subject access request for your personal data. We should explain that this would not entitle you to see documents, it would only provide access to your own personal data contained in any documents within your file. If you wish to proceed with this option, you should use a personal correspondence address. Further information regarding how to request your personal information and what this entails can be found on our website via the following link: https://www.policeconduct.gov.uk/who-we-...

We trust this explains our position and the reasons that we will not be proceeding with this request for information under the FOIA. Please quote our reference 1008606 in any further correspondence about this matter.

Yours sincerely

FOI and DPA Team
Independent Office for Police Conduct (IOPC)
PO Box 473
Sale
Manchester
M33 0BW
Tel: 0300 020 0096
www.policeconduct.gov.uk
Follow us on Twitter at: @policeconduct
Find out how we handle your personal data.
The IOPC is proud to have achieved Customer Service Excellence accreditation​
We now regularly publish practical advice and guidance for handling complaints in our magazine FOCUS

show quoted sections

Dear !Request Info,

Despite my FOI request being in an anonymised format using the IOPC reference number, you have used this public forum to identify me as the case subject. That is a serious data security breach that you are required to self-report to the ICO.

The documents that pertain to my request should be anonymised in any response sent by the IOPC but those documents form part of a public interest disclosure.

Yours sincerely,

David Gale

!Request Info, Independent Office for Police Conduct

This is an automated email please do not respond to it.
 
Thank you for your email.
 
If you have made a request for information to the IOPC, your email and any
attachments will be assessed, logged and forwarded onto the appropriate
department to prepare the response.
 
FOI & DPA Team
 
This message and its content may contain confidential, privileged or
copyright information. They are intended solely for the use of the
intended recipient. If you received this message in error, you must not
disclose, copy, distribute or take any action which relies on the
contents. Instead, please inform the sender and then permanently delete
it. Any views or opinions expressed in this communication are solely those
of the author and do not necessarily represent the views of the IOPC. Only
specified staff are authorised to make binding agreements on behalf of the
IOPC by email. The IOPC accepts no responsibility for unauthorised
agreements reached with other employees or agents. The IOPC cannot
guarantee the security of this email or any attachments. While emails are
regularly scanned, the IOPC cannot take any liability for any virus that
may be transmitted with the internet. The IOPC communication systems are
monitored to the extent permitted by law. Consequently, any email and or
attachments may be read by monitoring staff.

!Request Info, Independent Office for Police Conduct

Dear Mr Gale

Thank you for your email. You have indicated in the subject line that you would like an internal review of your Freedom of Information Act (FOIA) request, however we did not provide a response under the terms of this Act. Instead we directed you to channels that you may find more helpful in obtaining documents that you wanted to see.

We could provide a formal response under the FOIA but this is unlikely to result in disclosure of the documents you have requested. If you wish for us to do this, please could you clarify. Otherwise if you wish to continue correspondence regarding this particular case, please could you do so via a private correspondence address.

Yours sincerely

FOI and DPA Team
Independent Office for Police Conduct (IOPC)
PO Box 473
Sale
Manchester
M33 0BW
Tel: 0300 020 0096
www.policeconduct.gov.uk
Follow us on Twitter at: @policeconduct
Find out how we handle your personal data.
The IOPC is proud to have achieved Customer Service Excellence accreditation​
We now regularly publish practical advice and guidance for handling complaints in our magazine FOCUS

show quoted sections

Dear !Request Info

The IOPC has requested clarification:

1. Please ensure that an appropriate response is delivered to my FOI request. The anonymised questions could just as easily have been asked by a journalist and are due a response that complies with the Act.

2. Please confirm that the IOPC has referred itself to the ICO for its data breach, as referenced in my previous response.

3. Please confirm what steps have been taken by the IOPC to draw Derbyshire Constabulary's attention to the fact that it should have immediately referred itself to the IOPC at the point at which it became apparent that the force was conflicted.

4. Please note, the matters referenced in my FOI request relate to serious criminal offences which, to date, the IOPC appears to be trying to bury. In circumstances where the IOPC is aware of the serious nature of the criminal allegations, a reasonable person might conclude that the IOPC is conspiring to pervert the course of justice. Please confirm what governance arrangements are in place within the IOPC to prevent such unlawful conduct.

5. Please confirm what agreements were made between the IOPC and the now ex-Chief Constable of Derbyshire Constabulary.

Yours sincerely

David Gale

!Request Info, Independent Office for Police Conduct

This is an automated email please do not respond to it.
 
Thank you for your email.
 
If you have made a request for information to the IOPC, your email and any
attachments will be assessed, logged and forwarded onto the appropriate
department to prepare the response.
 
FOI & DPA Team
 
This message and its content may contain confidential, privileged or
copyright information. They are intended solely for the use of the
intended recipient. If you received this message in error, you must not
disclose, copy, distribute or take any action which relies on the
contents. Instead, please inform the sender and then permanently delete
it. Any views or opinions expressed in this communication are solely those
of the author and do not necessarily represent the views of the IOPC. Only
specified staff are authorised to make binding agreements on behalf of the
IOPC by email. The IOPC accepts no responsibility for unauthorised
agreements reached with other employees or agents. The IOPC cannot
guarantee the security of this email or any attachments. While emails are
regularly scanned, the IOPC cannot take any liability for any virus that
may be transmitted with the internet. The IOPC communication systems are
monitored to the extent permitted by law. Consequently, any email and or
attachments may be read by monitoring staff.

!Request Info, Independent Office for Police Conduct

Dear Mr Gale

Thank you for your correspondence to the IOPC in which you made a request for information. This request is being considered under the Freedom of Information Act 2000 (FOIA). We will now consult with the relevant department to gather the response to your request.

We propose to respond to you on or before the 14 October 2020 in line with the timescales prescribed by the FOIA.

While we are aiming to complete your request within that timeframe, it is possible that our response will be delayed as a result of our current working arrangements under the COVID-19 outbreak. We will keep you updated should we be unable to respond by the due date.

If you have any questions about this request please contact us. Please remember to quote reference number 1008674 in any future correspondence about this matter.

Yours sincerely

FOI and DPA Team
Independent Office for Police Conduct (IOPC)
PO Box 473
Sale
Manchester
M33 0BW
Tel: 0300 020 0096
www.policeconduct.gov.uk
Follow us on Twitter at: @policeconduct
Find out how we handle your personal data.
The IOPC is proud to have achieved Customer Service Excellence accreditation​
We now regularly publish practical advice and guidance for handling complaints in our magazine FOCUS

show quoted sections

!Request Info, Independent Office for Police Conduct

2 Attachments

Dear Mr Gale

Please find attached or response to your request for information.

Yours sincerely

FOI and DPA Team
Independent Office for Police Conduct (IOPC)
PO Box 473
Sale
Manchester
M33 0BW
Tel: 0300 020 0096
www.policeconduct.gov.uk
Follow us on Twitter at: @policeconduct
Find out how we handle your personal data.
The IOPC is proud to have achieved Customer Service Excellence accreditation​
We now regularly publish practical advice and guidance for handling complaints in our magazine FOCUS

show quoted sections

Dear Independent Office for Police Conduct,

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

I am writing to request an internal review of Independent Office for Police Conduct's handling of my FOI request 'Information held on IOPC case ref: 2019/127574 and related cases'.

In relation to the IOPC's response of 14.10.20:

1. Information held relating to a specific case does not automatically qualify as personal information. In addition, the IOPC has the facility to redact information in areas where personal information is identified.

2. The IOPC's reference to my identity linked to the a case reference number unlawfully discloses my association with a previously anonymised FOI request. By the terms indicated on the IOPC provided link to the ICO, the IOPC has a duty to record and self-report the data breach.

3. Again, this does not require reference to personal data. It is a request for information related to an important area of public safety and therefore is covered by 'public interest' disclosure. If no direct steps were taken, the IOPC should say as much.

4. Unless I hear to the contrary by return, I will assume from the information supplied by the IOPC that there are no specific procedures that relate to the discovery of potentially criminal conduct within an investigation.

5. I appreciate that this may contain personal data but the IOPC is able to provide disclosure of general agreements made with Derbyshire Constabulary's Chief Constable in the execution of his professional role.

Generally, this is a public interest case where potentially damning information about conflicts of interest and criminal conduct related to Derbyshire Constabulary is being withheld by the IOPC.

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

Yours faithfully,

David Gale

!Request Info, Independent Office for Police Conduct

This is an automated email please do not respond to it.
 
Thank you for your email.
 
If you have made a request for information to the IOPC, your email and any
attachments will be assessed, logged and forwarded onto the appropriate
department to prepare the response.
 
FOI & DPA Team
 
This message and its content may contain confidential, privileged or
copyright information. They are intended solely for the use of the
intended recipient. If you received this message in error, you must not
disclose, copy, distribute or take any action which relies on the
contents. Instead, please inform the sender and then permanently delete
it. Any views or opinions expressed in this communication are solely those
of the author and do not necessarily represent the views of the IOPC. Only
specified staff are authorised to make binding agreements on behalf of the
IOPC by email. The IOPC accepts no responsibility for unauthorised
agreements reached with other employees or agents. The IOPC cannot
guarantee the security of this email or any attachments. While emails are
regularly scanned, the IOPC cannot take any liability for any virus that
may be transmitted with the internet. The IOPC communication systems are
monitored to the extent permitted by law. Consequently, any email and or
attachments may be read by monitoring staff.

!Request Info, Independent Office for Police Conduct

Dear Mr Gale

Thank you for your email. We will be conducting an internal review of our original FOIA response and expect to provide you with our findings on or before 17 November 2020.

If you have any further queries regarding this matter, please contact us quoting reference number IR1008674.

Yours sincerely

FOI and DPA Team
Independent Office for Police Conduct (IOPC)
PO Box 473
Sale
Manchester
M33 0BW
Tel: 0300 020 0096
www.policeconduct.gov.uk
Follow us on Twitter at: @policeconduct
Find out how we handle your personal data.
The IOPC is proud to have achieved Customer Service Excellence accreditation​
We now regularly publish practical advice and guidance for handling complaints in our magazine FOCUS

show quoted sections

!Request Info, Independent Office for Police Conduct

2 Attachments

Dear Mr Gale

Please find attached our response to your request for information. We apologise for the delay in response.

Yours sincerely

FOI and DPA Team
Independent Office for Police Conduct (IOPC)
PO Box 473
Sale
Manchester
M33 0BW
Tel: 0300 020 0096
www.policeconduct.gov.uk
Follow us on Twitter at: @policeconduct
Find out how we handle your personal data.
The IOPC is proud to have achieved Customer Service Excellence accreditation​
We now regularly publish practical advice and guidance for handling complaints in our magazine FOCUS

show quoted sections

Dear !Request Info,

I can confirm that my FOI has been made within my ongoing engagement with a newspaper. The attempt by the IOPC to deflect a perfectly legitimate FOI request by reference to the Data Protection Act's Subject Access Request (SAR) procedure is evidenced as disingenuous.

The IOPC will know very well, for example, that:

"1.advice or other information provided by IOPC officers and third parties,
2.information or responses received from Derbyshire Constabulary,
3.the IOPC communication and document review logs,
4.the internal escalation route through which the case has been progressed"

is not likely to contain personal information and therefore such responses will be exempt from disclosure via a SAR. Any request for that information should be treated from the perspective of my journalistic capacity.

In providing an IOPC reference number, I have sought to anonymously facilitate the efficient recovery of the requested information. In turn, the IOPC has referenced the requested information as being related to my case. In so doing, the IOPC has breached one of the fundamental tenets of information security and data protection.

Information gathered from other sources confirms that the IOPC has made agreements with a senior police officer that are designed to withhold important information from the the public domain. As such, the IOPC is now evidenced as being conflicted and must self-report to the ICO that it has refused a public interest disclosure request.

Yours sincerely,

David Gale

!Request Info, Independent Office for Police Conduct

This is an automated email please do not respond to it.
 
Thank you for your email.
 
If you have made a request for information to the IOPC, your email and any
attachments will be assessed, logged and forwarded onto the appropriate
department to prepare the response.
 
FOI & DPA Team
 
This message and its content may contain confidential, privileged or
copyright information. They are intended solely for the use of the
intended recipient. If you received this message in error, you must not
disclose, copy, distribute or take any action which relies on the
contents. Instead, please inform the sender and then permanently delete
it. Any views or opinions expressed in this communication are solely those
of the author and do not necessarily represent the views of the IOPC. Only
specified staff are authorised to make binding agreements on behalf of the
IOPC by email. The IOPC accepts no responsibility for unauthorised
agreements reached with other employees or agents. The IOPC cannot
guarantee the security of this email or any attachments. While emails are
regularly scanned, the IOPC cannot take any liability for any virus that
may be transmitted with the internet. The IOPC communication systems are
monitored to the extent permitted by law. Consequently, any email and or
attachments may be read by monitoring staff.