Inquiry into death of Daniel Handley by Timothy Morss and Brett Tyler

Ann McNeil 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 refused by Metropolitan Police Service (MPS).

Dear Metropolitan Police Service (MPS),

Detective Superintendent led an Inquiry into the death of Daniel Handley in approximately 1995 at the hands of Timothy Morss and Brett Tyler in 1995. May I please have a copy of the Executive Summary of that Inquiry Report for consideration with the Freedom Of Information regulations.

Yours faithfully,

Ann McNeil

Metropolitan Police Service (MPS)

Dear Ms McNeil

Freedom of Information Request Reference No: 2014010002650
I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 25/01/2014.  I note
you seek access to the following information:

Detective Superintendent led an Inquiry into the death of Daniel Handley
in approximately 1995 at the hands of Timothy Morss and Brett Tyler in
1995.

 1. May I please have a copy of the Executive Summary of that Inquiry
Report for consideration with the Freedom Of Information regulations.

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

Catherine Carrington
SC&O Information Manager
Freedom of Information Compliance
Specialist Crime & Operations (SC&O)
Metropolitan Police Service
020 7230 9962
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 to discuss the
response with the case officer who dealt with your request.  

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

Metropolitan Police Service (MPS)

Dear Ms McNeil

Freedom of Information Request Reference No: 2014010002650

I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 25/01/2014.  I note
you seek access to the following information:

Detective Superintendent led an Inquiry into the death of Daniel Handley
in approximately 1995 at the hands of Timothy Morss and Brett Tyler in
1995.
1.        May I please have a copy of the Executive Summary of that
Inquiry Report for consideration with the Freedom Of Information
regulations.

This response is to inform you that it will not be possible to respond to
your request within the cost threshold.  
Once part of the request goes over cost the whole request is exempt by
virtue of section 12 and there is no obligation to answer any part of the
request therefore, In accordance with the Freedom of Information Act 2000
(the Act) this response acts as a Refusal Notice for the whole of your
request under Section 12 (2).
Please see the Legal Annex for all sections of the Act referred to in this
response.
REASON FOR DECISION
It has been established there exists approximately 46 boxes of information
in relation to this request.  An operative would be required to locate,
retrieve and review the boxes to establish what information is held,
relating to your request.  These boxes are not held within the MPS.  We
estimate that the cost of complying with this request would exceed the
appropriate limit. The appropriate limit has been specified in regulations
and for agencies outside central Government; this is set at £450.00.  
This represents the estimated cost of one person spending 18 hours [at a
rate of £25 per hour] in determining whether the MPS holds the
information, and locating, retrieving and extracting the information.
Under Section 16 of the Act (duty to assist), an authority is required to
offer an applicant the opportunity to redefine their request within the
cost limit. Unfortunately due to the rationale noted above, I am unable to
suggest any practical way in which your request may be modified in order
to bring it within the 18 hours stipulated by the Regulations.
 
NB A public authority is not obliged to assist an applicant in redefining
a request to within the time/cost limit, if there is no probability of
achieving this.

This was confirmed in Decision Notice 50194062.
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

Catherine Carrington
SC&O Information Manager
Freedom of Information Compliance
Specialist Crime & Operations (SC&O)
Metropolitan Police Service
020 7230 9962
LEGAL ANNEX
Section 17(5) of the Act provides:

(5) A public authority which, in relation to any request for information,
is relying on a claim that section 12 or 14 applies must, within the time
for complying with section 1(1), give the applicant a notice stating that
fact.

Section 12(2) of the Act provides:

(2) Subsection (1) does not exempt the public authority from its
obligation to comply with paragraph (a) of section 1(1) unless the
estimated cost of complying with that paragraph alone would exceed the
appropriate limit.

Section 16 of the Act provides:

(1) It shall be the duty of a public authority to provide advice and
assistance, so far as it would be reasonable to expect the authority to do
so, to persons who propose to make, or have made, requests for information
to it.

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 to discuss the
response with the case officer who dealt with your request.  

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

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 'Inquiry into death of Daniel Handley by Timothy Morss and Brett Tyler'.

I request an internal review of the refusal.
The refusal would appear based on the fact that the boxes of papers are randomly arranged.
Has any preliminary search been carried out and if so what was done, how long did it take and what was found out?
Do the Met not catalogue their papers sensibly? If something as important as the Executive Summary of the whole inquiry is not easily to be found within 18 hours, it would appear that the Met storing and cataloging data is incompetent and requires immediate review.

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,

Ann McNeil

Metropolitan Police Service (MPS)

Dear Ms McNeil

Freedom of Information Request Reference No: 2014050001048

I write in connection with your request for a review of the original MPS
decision relating to 2014010002650 which was received by the Metropolitan
Police Service (MPS) on 09/05/2014.  

Your request for a review will now be considered in accordance with the
Freedom of Information Act 2000 (the Act).  You will receive a response to
your request for a review of the original MPS case within a timescale of
20 working days.  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.

COMPLAINT RIGHTS

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

Yours sincerely

R. Loizou
Administration Team 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 to discuss the
response with the case officer who dealt with your request.  

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

Metropolitan Police Service (MPS)

Dear Ann McNeil

Freedom of Information request for review reference: 2014050001048

I write in connection with your correspondence dated 09 May 2014
concerning the Metropolitan Police Service (MPS) handling of your Freedom
of information request, reference 2014010002650.  

Original Request

Detective Superintendent led an Inquiry into the death of Daniel Handley
in approximately 1995 at the hands of Timothy Morss and Brett Tyler in
1995.

1.  May I please have a copy of the Executive Summary of that Inquiry
Report for consideration with the Freedom Of Information regulations.

MPS Response (summary)

It has been established there exists approximately 46 boxes of information
in relation to this request.  An operative would be required to locate,
retrieve and review the boxes to establish what information is held,
relating to your request.  These boxes are not held within the MPS.

Under Section 16 of the Act (duty to assist), an authority is required to
offer an applicant the opportunity to redefine their request within the
cost limit. Unfortunately due to the rationale noted above, I am unable to
suggest any practical way in which your request may be modified in order
to bring it within the 18 hours stipulated by the Regulations.

Request for Review

I request an internal review of the refusal.
The refusal would appear based on the fact that the boxes of papers are
randomly arranged.
Has any preliminary search been carried out and if so what was done, how
long did it take and what was found out?
Do the Met not catalogue their papers sensibly? If something as important
as the Executive Summary of the whole inquiry is not easily to be found
within 18 hours, it would appear that the Met storing and cataloging data
is incompetent and requires immediate review.

REVIEW DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to uphold the original decision to engage section 12(2) Freedom of
Information Act 2000 (FoIA) - where costs exceed the appropriate limit to
determine whether it holds information of the description specified to the
request.

Further reference to the FoIA can be found by way of this link  
http://www.legislation.gov.uk/ukpga/2000...

Reasons for decision

Appropriate threshold

Section 12(2) of the FoIA provides that subsection (1) does not exempt a
public authority from its obligation to comply with paragraph (a) of
section 1(1) unless the estimated cost of complying with that paragraph
alone would exceed the appropriate limit. In this regard the review has
returned to your original request in which you have requested information
in relation to a copy of the Executive Summary of that Inquiry Report into
the death of Daniel Handley in approximately 1995.  

The Information Commissioners Office (ICO) advises on using the Fees
regulations  ‘Section 12 makes it clear that a public authority does not
have to make a precise calculation of the costs of complying with a
request.  Only an estimate is required ... what amounts to a reasonable
estimate can only be considered on a case by case basis.'  The ICO also
clarifies 'where a reasonable estimate has been made that the appropriate
limit would be exceeded, there is no requirement for a public authority to
undertake work up to the limit.’  

The ICO reminds public authorities ‘Regulation 4(3) of the Fees
Regulations states that a public authority can only take into account the
cost it reasonably expects to incur in carrying out the following
permitted activities in complying with the request:

·        Determining whether the information is held;
·        Locating the information, or document containing it;
·        Retrieving the information, or a document containing it; and
·        Extracting the information from a document containing it.’

The review takes note of your comment in the request for review ‘The
refusal would appear based on the fact that the boxes of papers are
randomly arranged.
Has any preliminary search been carried out and if so what was done, how
long did it take and what was found out?’ In this regard the review can
see that you have previously been advised that ‘It has been established
there exists approximately 46 boxes of information in relation to this
request.  An operative would be required to locate, retrieve and review
the boxes to establish what information is held, relating to your request.
 These boxes are not held within the MPS.’

The review also acknowledges your comment ‘Do the Met not catalogue their
papers sensibly? If something as important as the Executive Summary of the
whole inquiry is not easily to be found within 18 hours, it would appear
that the Met storing and cataloging data is incompetent and requires
immediate review.’ In this regard the review can advise that the retention
and review of information held by the MPS is in accordance with agreed
policies and guidance which can be found by way of this link
http://www.met.police.uk/foi/pdfs/polici...

The review has made further enquiries with the MPS Records Management
Branch in order to establish what information is held in regards to your
specific request for a copy of an executive summary of the Inquiry Report
into the death of Daniel Handley.  As mentioned in the original MPS
response there are 46 boxes of information relevant to your request. A dip
sample has been conducted and from this exercise it has been estimated
that it would take approximately 1 hour to read though every item of
correspondence for each box in order to establish if the box held
information pertinent to your request , namely an executive summary.

Therefore to provide you with a reasonable estimation if it took just 60
minutes to read each item this would equate to 46 hours to read through
all the records in order to determine if the information is held, locate
and extract information pertaining to your request.  

The review is therefore satisfied that your request will exceed the
appropriate cost threshold, which is 18 hours, in order to determine if
held, locate and extract the information you are requesting by virtue of
section 12(2) of the FoIA.

Section 16 Advice and Assistance

Section 16 provides an obligation for a public authority to provide advice
and assistance to a person making a request, so far as it would be
reasonable to do so. I would like to provide you with some advice in how
to narrow your request so that you may at least be provided with some
information in the area you are interested. However in this case, I am
unable to advise you how to narrow your request for the reasons already
stated above, which would require a member of police staff manually
reading many records which may still not contain the information you are
seeking.

Conclusion

I hope the explanation provided clarifies why on this occasion the MPS has
engaged 12 (2) FoIA - where the cost of compliance with your request
exceeds the appropriate limit of 18 hours.

If you are dissatisfied with this FoIA internal review, you have the right
to appeal the decision by contacting the Information Commissioner for a
decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

Yours sincerely

Mike Lyng
FoIA Quality and Assurance Advisor
COMPLAINT RIGHTS

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

David handley left an annotation ()

Can you please inform me why your requesting information about my brothers death.

I'll be making sure to complain and have this removed.