Information on records, processes, and procedures

David Gale made this Freedom of Information request to Derbyshire Constabulary

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The request was refused by Derbyshire Constabulary.

Dear Derbyshire Constabulary,

Please provide sight of:

1. From 2018 onwards, all internal processes, procedures, instructions and recommendations related to requests from or arrangements made by police officers for legal representation in civil community protection notice cases.

If a single policy document exists, that will be sufficient to answer this question, unless there are instances of recommendations and instructions related to deviations from policy.

2. All records, and related processes and procedures referencing police recruits being trained in the six-storey law school building at Friargate Square, Derby without a fire escape being in place.

For the purposes of the Freedom of Information Act, Derbyshire Constabulary may, if it so chooses, split these two items into separate FOI requests.

Yours faithfully,

David Gale

Freedom of Information Office, Derbyshire Constabulary

1 Attachment

Dear Mr Gale,

 

FREEDOM OF INFORMATION REQUEST

 

I write in connection with your request for information as shown below.

 

1. From 2018 onwards, all internal processes, procedures, instructions and
recommendations related to requests from or arrangements made by police
officers for legal representation in civil community protection notice
cases.

 

If a single policy document exists, that will be sufficient to answer this
question, unless there are instances of recommendations and instructions
related to deviations from policy.

 

Please note that whilst we are required to supply the information within
20 days of receiving such a request, due to the ongoing national
Coronavirus emergency our ability to meet this deadline is significantly
reduced.  Whilst we are currently unable to provide a realistic time frame
for response please be assured of our continued best efforts.  We intend
to provide updates on a regular basis but again please bear with us.

 

Should you require further information relative to response delays the
below link will be of use:

 

[1]Data protection and coronavirus information.

 

In relation to your request there may be a fee payable for the retrieval,
collation and provision of the information you request. If this is the
case you will be informed as soon as possible (ideally within the
20-working day timescale) and your request will be suspended pending
receipt of payment.  If you choose not to make payment then your request
will remain unanswered.

 

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.

 

Should you have any further enquiries concerning this matter, please write
or contact the Freedom of Information Officer, on the telephone number
below quoting the reference number shown in the header of this e-mail.

 

Maddie Binnie

Disclosure Assistant
Freedom of Information Unit
Information Management
Derbyshire Constabulary 
Butterley Hall

Ripley

Derbyshire

DE5 3RS
Tel: 0300 122 8752

E-mail: [2][email address]

Web: [3]http://www.derbyshire.police.uk

[4]cid:image001.jpg@01D5C70A.A3EEBC30

 

PLEASE NOTE: This e-mail message is intended solely for the person to whom
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those of the author and do not necessarily represent the views of
Derbyshire Constabulary or any other person and Derbyshire Constabulary
does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage. 

Derbyshire Constabulary’s privacy notice can be viewed [5]here

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]

WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [6]http://www.derbyshire.police.uk

WARNING: E-mail may be susceptible to data corruption, interception,
viruses, unauthorised amendments and unforeseen delays. All e-mail has
been scanned for viruses, but Derbyshire Constabulary cannot accept
liability for any loss or damage incurred as a result of virus infection
or any other data corruption, interception, unauthorised amendment or
delay.

References

Visible links
1. https://ico.org.uk/global/data-protectio...
2. mailto:[email address]
3. http://www.derbyshire.police.uk/
5. https://www.derbyshire.police.uk/hyg/fpn...
6. http://www.derbyshire.police.uk/

Freedom of Information Office, Derbyshire Constabulary

1 Attachment

Dear Mr Gale,

 

FREEDOM OF INFORMATION REQUEST

 

I write in connection with your request for information as shown below.

 

2. All records, and related processes and procedures referencing police
recruits being trained in the six-storey law school building at Friargate
Square, Derby without a fire escape being in place.

 

Please note that whilst we are required to supply the information within
20 days of receiving such a request, due to the ongoing national
Coronavirus emergency our ability to meet this deadline is significantly
reduced.  Whilst we are currently unable to provide a realistic time frame
for response please be assured of our continued best efforts.  We intend
to provide updates on a regular basis but again please bear with us.

 

Should you require further information relative to response delays the
below link will be of use:

 

[1]Data protection and coronavirus information.

 

In relation to your request there may be a fee payable for the retrieval,
collation and provision of the information you request. If this is the
case you will be informed as soon as possible (ideally within the
20-working day timescale) and your request will be suspended pending
receipt of payment.  If you choose not to make payment then your request
will remain unanswered.

 

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.

 

Should you have any further enquiries concerning this matter, please write
or contact the Freedom of Information Officer, on the telephone number
below quoting the reference number shown in the header of this e-mail.

 

Maddie Binnie

Disclosure Assistant
Freedom of Information Unit
Information Management
Derbyshire Constabulary 
Butterley Hall

Ripley

Derbyshire

DE5 3RS
Tel: 0300 122 8752

E-mail: [2][email address]

Web: [3]http://www.derbyshire.police.uk

[4]cid:image001.jpg@01D5C70A.A3EEBC30

 

PLEASE NOTE: This e-mail message is intended solely for the person to whom
it is addressed and may contain information of a confidential or legally
privileged nature which should not be disclosed. If you have received this
message in error, please notify the sender immediately and delete the
message and any attachments or copies. Any review, re-transmission,
dissemination or other use of, or taking action in reliance upon, this
message by persons or entities other than the intended recipient is
prohibited. Any views or opinions expressed in this e-mail are solely
those of the author and do not necessarily represent the views of
Derbyshire Constabulary or any other person and Derbyshire Constabulary
does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage. 

Derbyshire Constabulary’s privacy notice can be viewed [5]here

[^
]

WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [6]http://www.derbyshire.police.uk

WARNING: E-mail may be susceptible to data corruption, interception,
viruses, unauthorised amendments and unforeseen delays. All e-mail has
been scanned for viruses, but Derbyshire Constabulary cannot accept
liability for any loss or damage incurred as a result of virus infection
or any other data corruption, interception, unauthorised amendment or
delay.

References

Visible links
1. https://ico.org.uk/global/data-protectio...
2. mailto:[email address]
3. http://www.derbyshire.police.uk/
5. https://www.derbyshire.police.uk/hyg/fpn...
6. http://www.derbyshire.police.uk/

Freedom of Information Office, Derbyshire Constabulary

3 Attachments

Mr Gale

 

I write with reference to the above.

 

I am currently in the process of assessing your request but need further
clarification/understanding on what it is you require and/or think we
hold.  I am aware that staff have received training there so do you simply
require numbers, time frame etc.or specific documents?

 

Pending receipt I have placed your request on hold where it will remain
for the next 20 working days.  If nothing is received within that time I
will assume that the information is no longer required and close it marked
as withdrawn.

 

Yours sincerely

 

Kevin Lea

Freedom of Information Manager[1]icon Information management logo

 

FOI Unit
Information Management Department
Tel: 0300 122 5487 (Internal 16200)

Mobex: 737 5152 - 07710855914

E-mail: [email address]

 

[2]cid:image004.jpg@01D53277.5E8B6B70

 

PLEASE NOTE: This e-mail message is intended solely for the person to whom
it is addressed and may contain information of a confidential or legally
privileged nature which should not be disclosed. If you have received this
message in error, please notify the sender immediately and delete the
message and any attachments or copies. Any review, re-transmission,
dissemination or other use of, or taking action in reliance upon, this
message by persons or entities other than the intended recipient is
prohibited. Any views or opinions expressed in this e-mail are solely
those of the author and do not necessarily represent the views of
Derbyshire Constabulary or any other person and Derbyshire Constabulary
does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage. 

Derbyshire Constabulary’s privacy notice can be viewed [3]here

[^
]

WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [4]http://www.derbyshire.police.uk

WARNING: E-mail may be susceptible to data corruption, interception,
viruses, unauthorised amendments and unforeseen delays. All e-mail has
been scanned for viruses, but Derbyshire Constabulary cannot accept
liability for any loss or damage incurred as a result of virus infection
or any other data corruption, interception, unauthorised amendment or
delay.

References

Visible links
3. https://www.derbyshire.police.uk/hyg/fpn...
4. http://www.derbyshire.police.uk/

Dear Freedom of Information Office

My request in respect of the original paragraph 2:

"2. All records, and related processes and procedures referencing police
recruits being trained in the six-storey law school building at Friargate
Square, Derby without a fire escape being in place."

I am asking for sight of records that reference or imply there not being a fire escape in place. That would include internal risk assessments and communications, as well as records related to communications with Derbyshire Fire & Rescue Service and the University of Derby.

Yours sincerely

David Gale

Freedom of Information Office, Derbyshire Constabulary

3 Attachments

Mr Gale

 

Thank you for making a Freedom of Information request to the Derbyshire
Constabulary.

 

Please find attached our response.

 

Yours sincerely

 

 

Kevin Lea
Freedom of Information Officer
FOI Unit
Information Management Department
Derbyshire Constabulary 
Butterley Hall

Ripley

Derbyshire

DE5 3RS
Tel: 0300 122 8752

E-mail: E-mail: [1][email address]

 

[2]cid:image007.jpg@01D53277.5E8B6B70

 

PLEASE NOTE: This e-mail message is intended solely for the person to whom
it is addressed and may contain information of a confidential or legally
privileged nature which should not be disclosed. If you have received this
message in error, please notify the sender immediately and delete the
message and any attachments or copies. Any review, re-transmission,
dissemination or other use of, or taking action in reliance upon, this
message by persons or entities other than the intended recipient is
prohibited. Any views or opinions expressed in this e-mail are solely
those of the author and do not necessarily represent the views of
Derbyshire Constabulary or any other person and Derbyshire Constabulary
does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage. 

Derbyshire Constabulary’s privacy notice can be viewed [3]here

[^
]

WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [4]http://www.derbyshire.police.uk

WARNING: E-mail may be susceptible to data corruption, interception,
viruses, unauthorised amendments and unforeseen delays. All e-mail has
been scanned for viruses, but Derbyshire Constabulary cannot accept
liability for any loss or damage incurred as a result of virus infection
or any other data corruption, interception, unauthorised amendment or
delay.

References

Visible links
1. mailto:[email address]
3. https://www.derbyshire.police.uk/hyg/fpn...
4. http://www.derbyshire.police.uk/

Dear Freedom of Information Office,

Thank you for your response.

Your letter states: "The only formal involvement from our legal team is where there is an appeal
against the issuing of a community protection notice as the Police are a Respondent to any
appeal."

Can you please clarify whether that means that all CPN appeals are matters for the force's internal legal team, or do officers have a discretionary capability to instruct 'independent' legal advisors with a commercial interest, for example: the independent barrister who provided legal advice on the force's demonstrably flawed CPN procedural guidelines?

If no such discretion exists, what action would be invoked if it were discovered that an SNT supervisory officer had 'gone rogue' and instructed independent counsel?

In either eventuality, surely there must be some form of guidance or policy for officers?

Yours sincerely,

David Gale

Lea, Kevin, 16200,

3 Attachments

Mr Gale

 

Thank you for making a Freedom of Information request to the Derbyshire
Constabulary.

 

Please find attached our response.

 

Yours sincerely

 

 

Kevin Lea
Freedom of Information Officer
FOI Unit
Information Management Department
Derbyshire Constabulary 
Butterley Hall

Ripley

Derbyshire

DE5 3RS
Tel: 0300 122 8752

E-mail: E-mail: [1][email address]

 

[2]cid:image007.jpg@01D53277.5E8B6B70

 

PLEASE NOTE: This e-mail message is intended solely for the person to whom
it is addressed and may contain information of a confidential or legally
privileged nature which should not be disclosed. If you have received this
message in error, please notify the sender immediately and delete the
message and any attachments or copies. Any review, re-transmission,
dissemination or other use of, or taking action in reliance upon, this
message by persons or entities other than the intended recipient is
prohibited. Any views or opinions expressed in this e-mail are solely
those of the author and do not necessarily represent the views of
Derbyshire Constabulary or any other person and Derbyshire Constabulary
does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage.
Derbyshire Constabulary’s privacy notice can be viewed [3]Here.

References

Visible links
1. mailto:[email address]
3. https://www.derbyshire.police.uk/hyg/fpn...

Dear Lea, Kevin, 16200,

Thank you for your 12.11.20 response on part 2 of my FOI request.

The part 2 response confirms that no risk assessment was carried out by Derbyshire Constabulary of the six-storey Friargate Square building prior to it being used for the training of police recruits, in circumstances where no fire escape existed, and further confirms that there were no related communications from the University of Derby despite it having been made aware by Derbyshire Fire Rescue Service of the requirement for a fire escape to be constructed. Any evidence to the contrary should be provided by return.

In the meantime, Derbyshire Constabulary is aware that I clarified my part 1 request on 03.11.20 and that a response to that clarification is still outstanding.

Yours sincerely,

David Gale

Freedom of Information Office,

Mr Gale

Apologies for the late response but I was awaiting some information.

Please be advised that from further consultation with our legal team I can offer nothing in addition to that which I initially disclosed. With respect to officer action each individual has to be able to justify why action was taken/not taken if required to. The implications being that dependent upon any given explanation/circumstances further action may be taken if deemed appropriate.

As you will appreciate there is nothing further that I can add.

Yours sincerely

Kevin Lea
Freedom of Information Manager

FOI Unit
Information Management Department
Tel: 0300 122 5487 (Internal 16200)
Mobex: 737 5152 - 07710855914
E-mail: [email address]

show quoted sections

Dear Freedom of Information Office / Chief Constable

The responses from Derbyshire Constabulary evidence either a) a concerted effort to deny access to existing records OR b) records management and procedural failures that prevent access to a clear audit trail of internal communications.

On the matter of part 1 of my request, there are known instance(s) where officers have privately commissioned counsel as part of an appeal process in which the force / regional legal team is evidenced as playing no part. That renders the information provided in response to part 1 of my FOI request as false. Given the potential for serious miscarriages of justice, that is a very serious matter to be addressed by Chief Officers led by the Chief Constable that must be self-reported to the IOPC.

On the matter of part 2 of my request, the failure to carry out a risk assessment of a building used for the training of police recruits, in circumstances where (for three years 2015-2018) no fire escape existed within a six storey building, is a matter to be addressed by Chief Officers led by the Chief Constable that must be self-reported to the IOPC.

Given the seriousness of the inadequacies of the response and the now admitted involvement of Derbyshire Constabulary's legal team, there is now evidenced a clear conflict of interest identified in the responses to my FOI request.

This conflict can be added to that of Derbyshire's Police & Crime Commissioner who was part of the ruling group of Derby City Council at the time that a 'change of use' planning application was approved (for the building used to train police recruits + law students) without the necessary site inspection. The city council is evidenced as having a £3.5M dependency on that planning approval.

In addition, it has now become clear that important fire safety records have either been lost or destroyed by Derbyshire Fire & Rescue Service and that fire safety consultants ignored instructions from suppliers that their 'people counting' systems should never be used for fire safety purposes.

Given that Derby City Council is recorded as amending its position on the Copper Building's fire safety the day after the June 2017 Grenfell Towers fire, Derbyshire Constabulary would be well-advised to deliver a more strategic response on this matter.

Whilst Derbyshire Constabulary has previously pointed to the city council as the regulatory authority on planning applications, it is now clear that there has been collusion between multiple parties to conceal criminal conduct that requires independent investigation.

I remain open to assisting Derbyshire Constabulary in deploying appropriate executive governance procedures, to include fire safety and records management.

Please ensure that a copy of this message is forwarded to the Chief Constable for the attention of Chief Officers.

Yours sincerely

David Gale
Consultant CIO & Forensic Records Investigator
Abracus

Freedom of Information Office,

Mr Gale

Thank you for your email the contents of which have been duly noted.

As you will appreciate I have responded to your requests in line with FOI legislation and have, as always, responded as openly, factually and transparently as I can. On that basis I need to better understand what it is you now require. In your header you ask for an internal review but of what I'm not sure. Is it in respect of part 1 in that you believe I have knowingly provided either inaccurate information or withheld information? However, you then state the response could be due to record management issues which, as you will appreciate, are outside of my remit per se.

I can see nothing from an FOI stance re point 2 unless I've missed something.

Please state what the actual issue(s) is you wish to be reviewed if that is the case or do you, as you mention in your last line, simply wish for the email to be passed on to the Chief Constable, something I am more than happy to do.

Yours sincerely

Kevin Lea
Freedom of Information Manager

FOI Unit
Information Management Department
Tel: 0300 122 5487 (Internal 16200)
Mobex: 737 5152 - 07710855914
E-mail: [email address]

show quoted sections

Dear Freedom of Information Office,

Given the serious implications of Derbyshire Constabulary holding no records that pertain to this request, I have used the review process to provide the opportunity for further enquiries to be made.

If it is the case that neither the University of Derby nor Derbyshire Fire & Rescue Service informed Derbyshire Constabulary of their knowledge of the lack of a fire escape in a six storey building in which police recruits were being trained, then given the force's now confirmed failure to conduct a risk assessment of a building used for police training, and the evidenced conflict of interest of both Derbyshire Constabulary and its PCC, it is imperative that the force refers itself to the IOPC or agrees to initiate any other course of action that would provide independent investigation.

I can confirm that the communications related to this FOI request should be forwarded to the Chief Constable for the urgent attention of Chief Officers.

Yours sincerely,

David Gale

Freedom of Information Office,

Mr Gale

Thank you for your response which is appreciated.

Given the rationale that you have supplied I don't propose to treat as a request for an internal review as per FOIA legislation. However, please be assured that I have forwarded your email to the Chief Constable and Executive Team as requested. I have also provided them with a link to your FOI request on whatdotheyknow.com as below given that this contains all relevant information/correspondence.

https://www.whatdotheyknow.com/request/i...

Yours sincerely

Kevin Lea
Freedom of Information Manager

FOI Unit
Information Management Department
Tel: 0300 122 5487 (Internal 16200)
Mobex: 737 5152 - 07710855914
E-mail: [email address]

show quoted sections