Dear Greater Manchester Police,

Inspector David Kehoe is to face gross misconduct charges according to this report http://www.manchestereveningnews.co.uk/n....
What is the guidance and codes for whether a policeman is suspended or not when facing a charge such as this? Who took the decision to not suspend Inspector Kehoe after the incident happened and that he would not face disciplinary action by the force? How many arrests has Inspector Kehoe made since this incident?

Yours faithfully,

Michael Price

Greater Manchester Police

Your email has been received by GMP’s Freedom of Information mailbox.

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement of that request.

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You should receive a response within the
statutory timescale of 20 working days as defined by the Act (from when GMP
receives a valid request), subject to the information not being exempt or
containing a reference to a third party.

In some circumstances Greater Manchester Police 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.

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 and
the 20 working day timescale will be suspended until we receive payment
from you. 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.

However, should your email be in relation to another matter, it will be
responded to or redirected accordingly.

Thank you for contacting GMP.

In response to:




Freedom of Information request - Inspector David Kehoe

michael price
to:
FOI requests at Greater Manchester Police
28/10/2015 21:49
Show Details

Dear Greater Manchester Police,

Inspector David Kehoe is to face gross misconduct charges according to this
report
http://www.manchestereveningnews.co.uk/n....

What is the guidance and codes for whether a policeman is suspended or not
when facing a charge such as this? Who took the decision to not suspend
Inspector Kehoe after the incident happened and that he would not face
disciplinary action by the force? How many arrests has Inspector Kehoe made
since this incident?

Yours faithfully,

Michael Price

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[FOI #299657 email]

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Dear Greater Manchester Police,

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

I am writing to request an internal review of Greater Manchester Police's handling of my FOI request 'Inspector David Kehoe'.

No reply

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,

michael price

Greater Manchester Police

Dear Mr Price,

This email is to confirm receipt and acts as an acknowledgement of your
request for an internal review of your recent FOI request (our ref
2767/15).

Kind regards

David Kynaston
Information Compliance & Records Management Unit

From: michael price <[FOI #299657 email]>
To: FOI requests at Greater Manchester Police
<[Greater Manchester Police request email]>
Date: 04/12/2015 22:33
Subject: Internal review of Freedom of Information request - Inspector
David Kehoe

--------------------------------------------------------------------------

     Dear Greater Manchester Police,
   
    Please pass this on to the person who conducts Freedom of
    Information reviews.
   
    I am writing to request an internal review of Greater Manchester
    Police's handling of my FOI request 'Inspector David Kehoe'.
   
    No reply
   
    A full history of my FOI request and all correspondence is
    available on the Internet at this address:
    [1]https://www.whatdotheyknow.com/request/i...
   
    Yours faithfully,
   
    michael price
   
   
   
    -------------------------------------------------------------------
    Please use this email address for all replies to this request:
    [FOI #299657 email]
   
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    published on the internet. Our privacy and copyright policies:
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    the latest advice from the ICO:
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Dear Greater Manchester Police,

What is the estimate of my receiving a reply on teh internal review. It is now 60 days. FOI request (our ref
2767/15).

Yours faithfully,

Michael Price

Dear Greater Manchester Police,

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

I am writing to request an internal review of Greater Manchester Police's handling of my FOI request 'Inspector David Kehoe'.

It is now 90 days since my request forinternal review. Please answer it

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,

Michael Price

Greater Manchester Police

Dear Mr Price,

Apologies for the lack of response to date. I have forwarded your email to
the relevant people and requested that they provide you with an update
asap.

Kind regards

David Kynaston
Information Compliance & Records Management Unit

From: michael price <[FOI #299657 email]>
To: FOI requests at Greater Manchester Police
<[Greater Manchester Police request email]>
Date: 08/03/2016 13:37
Subject: Internal review of Freedom of Information request - Inspector
David Kehoe

--------------------------------------------------------------------------

     Dear Greater Manchester Police,
   
    Please pass this on to the person who conducts Freedom of
    Information reviews.
   
    I am writing to request an internal review of Greater Manchester
    Police's handling of my FOI request 'Inspector David Kehoe'.
   
    It is now 90 days since my request forinternal review. Please
    answer it
   
    A full history of my FOI request and all correspondence is
    available on the Internet at this address:
    [1]https://www.whatdotheyknow.com/request/i...
   
    Yours faithfully,
   
    Michael Price
   
   
   
    -------------------------------------------------------------------
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    [FOI #299657 email]
   
    Disclaimer: This message and any reply that you make will be
    published on the internet. Our privacy and copyright policies:
    [2]https://www.whatdotheyknow.com/help/offi...
   
    For more detailed guidance on safely disclosing information, read
    the latest advice from the ICO:
    [3]https://www.whatdotheyknow.com/help/ico-...
   
    If you find this service useful as an FOI officer, please ask your
    web manager to link to us from your organisation's FOI page.
   
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Greater Manchester Police

Dear Mr Price,

 

I write in response to your request for a review dated 4^th December 2015
of the handling of your Freedom of Information Act 2000 (FOI) request
dated 28^th October 2015.

 

In your request for review you have expressed dissatisfaction with the
time lapse in any communication with GMP regarding your request for
information. You further requested on the 8^th February 2016 for an
estimated response time to your request for review stating that it is now
60 days.

 

Initially I believe apologies are due to the unprecedented delays in
responding to you, this is extremely unusual for GMP who process in excess
of 1000 requests annually, a workload shared between a small team.
Unfortunately, owed to resourcing issues coupled with increased demand, a
backlog has accrued, hence the time lapse in the processing of your
request. Furthermore, due to the abovementioned reasons, there has been
difficulty experienced in acquiring the requested information, which is
held in multiple departments.

 

A review of the handling of an FOI requests involves assessing all steps
in the processing of a request for compliance with the FOI and aims to
identify potential improvements in the processing of future FOI requests
and/or take corrective actions where necessary. I hope the above clarifies
the exceptional circumstances in the processing of your request, and it is
with regret that you felt that a request for review was necessary prior to
the completion of the processing of your request. I hope I am able to
ameliorate some of the inconvenience.

 

In relation to your request, you have requested the following information;

 

 1. What is the guidance and codes for whether a policeman is suspended or
not

when facing a charge such as this?

 2. Who took the decision to not suspend Inspector Kehoe after the
incident happened and that he would not face disciplinary action by
the force?
 3. How many arrests has Inspector Kehoe made since this incident?

 

Searches were conducted on our systems and the following information was
returned in response to your request:

 

 1. What is the guidance and codes for whether a policeman is suspended or
not

when facing a charge such as this?

 

Home Office Guidance: Police Officer Misconduct, Unsatisfactory
performance and Attendance Management Procedures:  Version 4 – Revised May
2015:

Suspension restricted or change of duty

 

Section 2.37. The decision to suspend a police officer will only be taken
where there is an allegation of misconduct/gross misconduct and:

 

a. An effective investigation may be prejudiced unless the police officer
is suspended; or

 

b. The public interest, having regard to the nature of the allegation and
any other relevant considerations, requires that the police officer should
be suspended; and

 

c. A temporary move to a new location or role has been considered but is
not appropriate in the circumstances.

 

d. A temporary move to a new location or role must always be considered
first as an alternative to suspension.

 

 2. Who took the decision to not suspend Inspector Kehoe after the
incident happened and that he would not face disciplinary action by
the force?

Awaiting response from information owner

 

 3. How many arrests has Inspector Kehoe made since this incident?

 

In relation to request numbered 3, the number of arrests made by an
officer constitutes personal data which is information that is exempt from
our obligations under Section 1 of the FOI Act 2000 by virtue of Section
40 Personal Data (3)(a)(i) whereby disclosure would breach any principles
of the Data Protection Act 1998. Furthermore, the implications of
disclosing the number of arrests risks extending the performance of a
public servant beyond the workplace into the public domain and into the
private life of that person, where it has the potential to infringe on the
individual’s right to private and family life as granted by Article 8 of
the Human Rights Act 1998, therefore making the disclosure ‘unfair’,
moreover, there is a legitimate expectation of the Data Subject of how an
employer will use the information held i.e. honour an implied obligation
of confidence between the employer and the Data Subject.

 

I apologise for the partial response to your request, however as soon as
information in relation to question two transpires this will be assessed
and a reply will be duly forward to you.

 

Should you have any further queries in relation to your request or related
matters, please do not hesitate to correspond with me using the contact
details below.

 

Yours sincerely,

 

Khalid Mahmood
Information Compliance & Records Management Officer
Information Services Branch - Information Management
Greater Manchester Police
1^st Floor Bolton Police Station, Scholey Street, Bolton, BL2 1HD

 

Postal Address: c/o Openshaw Complex, Lawton Street, Openshaw, Manchester,
M11 2NS

 

Tel: 0161 856 9924 

Ext: 69924 

[mobile number]        

Follow us on Twitter: @gmpolice

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To contact the police in an emergency call 999 or to contact Greater
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Monty Best left an annotation ()

I am making a documentary about police abusing their oath, perjuring themselves and acting unlawfully. I am awaiting an update from the press office as tot he current status of te Inspector/sergeant. Also I have requested information regarding how the investigation that was carried out internally was conducted.

Keep up the good work.

Corrupt, mendacious police require losing their pensions and goint to jail in the same was as we would.

Dear Greater Manchester Police,

Thank you for the partial answer.
Whilst I wait for the answer to Question 2, is there any idea of time when the answer might come? Who is the information holder?
In respect of Question 1, which of a, b and c or d were engaged? This case was a blatant case, on camera, of the Inspector lying and trying to frame someone with a crime he had not committed.
"Section 2.37. The decision to suspend a police officer will only be taken
where there is an allegation of misconduct/gross misconduct and:
a. An effective investigation may be prejudiced unless the police officer
is suspended; or
b. The public interest, having regard to the nature of the allegation and
any other relevant considerations, requires that the police officer should
be suspended; and
c. A temporary move to a new location or role has been considered but is
not appropriate in the circumstances.
d. A temporary move to a new location or role must always be considered
first as an alternative to suspension."

What was the new role that this Inspector undertook?
How many cases in 2015 was a police officer suspended, pending investigation and what was the result of the investigations?

I challenge, and wish it to be subject to internal review, the statement that the number of arrests made by an officer constitutes personal data which is "information that is exempt from our obligations under Section 1 of the FOI Act 2000 by virtue of Section
40 Personal Data (3)(a)(i) whereby disclosure would breach any principles of the Data Protection Act 1998".
I believe this is data that should be released in the public interest and it should not be classified as personal data as described. In this case an officer blatantly lied and tried to "fit someone up" . The data on whether he made subsequent arrests whilst not suspended are highly relevant to the public interest, as they may have been "false arrests" and should be reviewed.
What data does the GMP consider to be personal data under 40 Personal Data (3)(a)(i) that is created as part of an officers job?

Yours faithfully,

Michael Price

Simon Hoyle left an annotation ()

You will not get your information and eventually they will declare you a vexatious claimant and invoke the rule that they don't have to respond to vexatious complaints. You would be better off asking "other" people to sign up to the website and ask the questions they are refusing to answer. It is a simple tactic of delay, deny, delay, deny and you are probably better taking your complaint to the information commissioner. They will not suspend Kehoe as he is a corrupt officer and they protect corrupt officers.

Dear Greater Manchester Police,
Part of this request is still to be answered, plus some new questiosn that are also overdue and the internal request.
Do GMP think they are above the law in respect of FOI requests?

"Thank you for the partial answer.
Whilst I wait for the answer to Question 2, is there any idea of time when the answer might come? Who is the information holder?
In respect of Question 1, which of a, b and c or d were engaged? This case was a blatant case, on camera, of the Inspector lying and trying to frame someone with a crime he had not committed.
"Section 2.37. The decision to suspend a police officer will only be taken
where there is an allegation of misconduct/gross misconduct and:
a. An effective investigation may be prejudiced unless the police officer
is suspended; or
b. The public interest, having regard to the nature of the allegation and
any other relevant considerations, requires that the police officer should
be suspended; and
c. A temporary move to a new location or role has been considered but is
not appropriate in the circumstances.
d. A temporary move to a new location or role must always be considered
first as an alternative to suspension."

What was the new role that this Inspector undertook?
How many cases in 2015 was a police officer suspended, pending investigation and what was the result of the investigations?

I challenge, and wish it to be subject to internal review, the statement that the number of arrests made by an officer constitutes personal data which is "information that is exempt from our obligations under Section 1 of the FOI Act 2000 by virtue of Section
40 Personal Data (3)(a)(i) whereby disclosure would breach any principles of the Data Protection Act 1998".
I believe this is data that should be released in the public interest and it should not be classified as personal data as described. In this case an officer blatantly lied and tried to "fit someone up" . The data on whether he made subsequent arrests whilst not suspended are highly relevant to the public interest, as they may have been "false arrests" and should be reviewed.
What data does the GMP consider to be personal data under 40 Personal Data (3)(a)(i) that is created as part of an officers job?"

Yours faithfully,

michael price

Greater Manchester Police

Dear Mr Price,

Please accept my apologies for the time elapsed since my previous communication with you.

Unfortunately, I am making progressive enquiries regarding question 2. I believe the information is held by our Professional Standards Branch, following my enquiries, should the relevant information fail to transpire, I will escalate your request on your behalf.

I note your additional questions below:

1.Under S2.37 of a to d, which were engaged in relation to the Officer?
2.What was the new role that this Inspector undertook?
3.How many cases in 2015 was a police officer suspended, pending investigation and what was the result of the investigations?

In relation to question 3, please could you clarify whether you require data for the financial or calendar year 2015?

Unfortunately, at this stage there is no further information that I am able to provide for you in relation to question 2, however I endeavour to address all your queries in one response to you as soon as is feasible.

Kind regards, Khalid

show quoted sections

Dear Greater Manchester Police,
"Please accept my apologies for the time elapsed since my previous communication with you.

Unfortunately, I am making progressive enquiries regarding question 2. I believe the information is held by our Professional Standards Branch, following my enquiries, should the relevant information fail to transpire, I will escalate your request on your behalf.

I note your additional questions below:

1.Under S2.37 of a to d, which were engaged in relation to the Officer?
2.What was the new role that this Inspector undertook?
3.How many cases in 2015 was a police officer suspended, pending investigation and what was the result of the investigations?

In relation to question 3, please could you clarify whether you require data for the financial or calendar year 2015?

Unfortunately, at this stage there is no further information that I am able to provide for you in relation to question 2, however I endeavour to address all your queries in one response to you as soon as is feasible.

Kind regards, Khalid"

In relation to question 3, calendar year is what I meant.
There are 2 references to question 2 in your answer, could you confirm that these both referrred to the original question 2 that remains unanswered? ie 2. Who took the decision to not suspend Inspector Kehoe after the incident happened and that he would not face disciplinary action by
the force? or is this not correct?
Why are you not able to provide me with further information on this? Who would normally hold this and why are they not providing it? All the questions are overdue and it would be best if you would reply with what information you know now, rather than wait till you have all the information, as I could be waiting infinitely. Question 1 is not an FOI request it is part of the answer that should have been already given and must be known now.

Yours faithfully,

Michael Price

fFaudwAtch UK (Account suspended) left an annotation ()

The force has refused to release information held on account of it being Personal Information.

I would say that an officer when acting as a police officer is an office holder who is not acting in a personal capacity and while an exemption might be appropriate in certain circumstances, in these it is not and therefore the exemption can not apply.

Greater Manchester Police

Dear Mr Price,

 

There has been some progression in relation to your enquiry and additional
questions.

 

In relation to question 1, your initial question related to guidance and
codes for whether a policeman is suspended or not, your question was not
specific to a person but related to a job role, in response to which the
relevant guidance was provided to you, however in your reply, from the
information provided to you, you added the following question to your
request:

 

Under S2.37 of a to d, which were engaged in relation to the Officer?

 

The above question you added relates to a specific officer, and as alluded
to you in response to question 3 of your initial request, information
pertaining to a person, falls outside the scope of the Freedom of
Information Act 2000 (FOIA), and is therefore exempt by virtue of Section
40.3(a)(i) for reasons described in my previous email to you. However to
assist you further in your quest, a suspension or restriction would be
considered in relation to an officer whereby following an initial
assessment there is an indication that a person to whom a conduct
investigation relates may have committed a criminal offence; or behaved in
a manner which would justify the bringing of disciplinary proceedings (
Paragraph 19B, Schedule 3, Police Reform Act 2002) and an investigation
has been subject to special requirements under the same, its relevance to
an Officer falls outside the scope of the FOIA.

 

In relation to question 2 “Who took the decision to not suspend Inspector
Kehoe after the incident happened and that he would not face disciplinary
action by the force?”, my response to this is in compliance with ICO
guidance, that the information requested is held however is exempt from
disclosure by virtue of Section 40.3(a)(i), in that its disclosure would
contravene principles of the Data Protection Act 1998. Further details
regarding the guidance can be viewed at the following URL:

 

[1]Request for personal data about public authority employees

 

In relation to question 3, thank you for clarifying that you require
information relating to the calendar year, I have received a reply from
the information owner, who requires further clarification to conduct
thorough searches on our system I have been asked for the following
clarification:

 

Please clarify, “…is the request for officers who were initially suspended
in 2015?”

 

Best regards, Khalid

 

 

Yours sincerely

Khalid Mahmood
Information Compliance & Records Management Officer
Information Services Branch - Information Management
Greater Manchester Police

 

Postal Address: c/o Openshaw Complex, Lawton Street, Openshaw, Manchester,
M11 2NS

 

Tel: 0161 856 9924 

Ext: 69924 

[mobile number]        

Follow us on Twitter: @gmpolice

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otherwise indicated.

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To contact the police in an emergency call 999 or to contact Greater
Manchester Police for a less urgent matter call 101.
For the latest news and information about your Neighbourhood Policing Team
visit www.gmp.police.uk. You can also follow us on Twitter:
www.twitter.com/gmpolice or find us on Facebook:
www.facebook.com/GtrManchesterPolice , Flickr: www.flickr.com/gmpolice1 or
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Dear Greater Manchester Police,
Yes is the answer to the following question that you put to me .
Please clarify, “…is the request for officers who were initially suspended
in 2015?”
If this claification question needed to be asked months after the initial question, then Manchester Police have quite obviously failed in theri duty to answer the question on time. Why is this?

Yours faithfully,

Michael Price

Dear Greater Manchester Police,

There is still parts of the FPI Request unfullfilled. Can you amend that as soon as possible, thankyou

Yours faithfully,

Michael Price

Dear Greater Manchester Police,
As you have not replied to those unanswered part I am requesting an internal review

Yours faithfully,

Michael Price

Greater Manchester Police

Dear Mr. Price

Please be advised that your request for an internal review has been logged.

Regards

Rizwana Farooq
Information Services Branch
Greater Manchester Police
Tel: 0161 856 2831

show quoted sections

Greater Manchester Police

Dear Mr Price,

 

I am writing to provide an update with your request for information and
acknowledge receipt of your request for review dated 08^th May.

 

Re your request, I can confirm that the outstanding information was
provided to me on the 8^th May shortly after your request for review. This
is now due for assessment with a view of disclosure.

 

Unfortunately, the Information Compliance unit has experienced increased
demand that has resulted in backlogs, consequently, I endeavour to respond
to you by 23^rd May with a conclusion and final response, or update should
a response not be feasible.

 

In the interim, I appreciate that you have demonstrated patience
throughout the processing of this request, and offer apologies for any
inconvenience delays may have caused.

 

For any additional queries, please do not hesitate to contact me via the
details below.

 

 

Yours sincerely

Khalid Mahmood
Information Compliance & Records Management Officer
Information Services Branch - Information Management
Greater Manchester Police

 

Postal Address: c/o Openshaw Complex, Lawton Street, Openshaw, Manchester,
M11 2NS

 

Tel: 0161 856 9924 

Ext: 69924 

[mobile number]        

Follow us on Twitter: @gmpolice

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The contents of this e-mail should be treated as OFFICIAL unless otherwise
indicated.

--------------------------------------------------------

-I am not in the office on Thursdays and Fridays-

 

 

 

From: Khalid Mahmood
Sent: 02 November 2016 21:35
To: '[FOI #299657 email]'
Subject: Internal review of Freedom of Information request - Inspector
David Kehoe

 

Dear Mr Price,

 

There has been some progression in relation to your enquiry and additional
questions.

 

In relation to question 1, your initial question related to guidance and
codes for whether a policeman is suspended or not, your question was not
specific to a person but related to a job role, in response to which the
relevant guidance was provided to you, however in your reply, from the
information provided to you, you added the following question to your
request:

 

Under S2.37 of a to d, which were engaged in relation to the Officer?

 

The above question you added relates to a specific officer, and as alluded
to you in response to question 3 of your initial request, information
pertaining to a person, falls outside the scope of the Freedom of
Information Act 2000 (FOIA), and is therefore exempt by virtue of Section
40.3(a)(i) for reasons described in my previous email to you. However to
assist you further in your quest, a suspension or restriction would be
considered in relation to an officer whereby following an initial
assessment there is an indication that a person to whom a conduct
investigation relates may have committed a criminal offence; or behaved in
a manner which would justify the bringing of disciplinary proceedings (
Paragraph 19B, Schedule 3, Police Reform Act 2002) and an investigation
has been subject to special requirements under the same, its relevance to
an Officer falls outside the scope of the FOIA.

 

In relation to question 2 “Who took the decision to not suspend Inspector
Kehoe after the incident happened and that he would not face disciplinary
action by the force?”, my response to this is in compliance with ICO
guidance, that the information requested is held however is exempt from
disclosure by virtue of Section 40.3(a)(i), in that its disclosure would
contravene principles of the Data Protection Act 1998. Further details
regarding the guidance can be viewed at the following URL:

 

[1]Request for personal data about public authority employees

 

In relation to question 3, thank you for clarifying that you require
information relating to the calendar year, I have received a reply from
the information owner, who requires further clarification to conduct
thorough searches on our system I have been asked for the following
clarification:

 

Please clarify, “…is the request for officers who were initially suspended
in 2015?”

 

Best regards, Khalid

 

 

Yours sincerely

Khalid Mahmood
Information Compliance & Records Management Officer
Information Services Branch - Information Management
Greater Manchester Police

 

Postal Address: c/o Openshaw Complex, Lawton Street, Openshaw, Manchester,
M11 2NS

 

Tel: 0161 856 9924 

Ext: 69924 

[mobile number]        

Follow us on Twitter: @gmpolice

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Dear Greater Manchester Police,

Can you tell me what is happening it is over a month since you said I would receive a reply?

Yours faithfully,

Michael Price

Greater Manchester Police

Dear Mr Price,

 

I refer to your recent email requesting an update to your request for
review of the handling of your Freedom of Information request.

 

Unfortunately, owed to a large number of compliance priorities I have not
had the opportunity to respond to your request, however can confirm that
alongside a similar request, your request is the next task on my list. I
endeavour to respond to you this week with a response or an update.

 

At this stage I can only apologise for the delays you have experienced and
for any inconvenience caused, and appreciate the patience you have
afforded us thus far.

 

Best regards,

 

Khalid Mahmood

 

 

Yours sincerely

Khalid Mahmood
Information Compliance & Records Management Officer
Information Services Branch - Information Management
Greater Manchester Police

 

Postal Address: c/o Openshaw Complex, Lawton Street, Openshaw, Manchester,
M11 2NS

 

Tel: 0161 856 9924 

Ext: 69924 

[mobile number]        

Follow us on Twitter: @gmpolice

--------------------------------------------------------

The contents of this e-mail should be treated as OFFICIAL unless otherwise
indicated.

--------------------------------------------------------

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To contact the police in an emergency call 999 or to contact Greater
Manchester Police for a less urgent matter call 101.
For the latest news and information about your Neighbourhood Policing Team
visit www.gmp.police.uk. You can also follow us on Twitter:
www.twitter.com/gmpolice or find us on Facebook:
www.facebook.com/GtrManchesterPolice , Flickr: www.flickr.com/gmpolice1 or
YouTube: www.youtube.com/gmpolice

You can find your local policing team on social media at
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Greater Manchester Police

Dear Mr Price,

 

I am writing in response to your recent enquiries concerning your request
for information and subsequent request for an internal review.

 

I can confirm that a review is in progress and I anticipate a response to
you this week.

 

Best regards, Khalid

 

 

Yours sincerely

Khalid Mahmood
Information Compliance & Records Management Officer
Information Services Branch - Information Management
Greater Manchester Police

 

Postal Address: c/o Openshaw Complex, Lawton Street, Openshaw, Manchester,
M11 2NS

 

Tel: 0161 856 9924 

Ext: 69924 

[mobile number]        

Follow us on Twitter: @gmpolice

--------------------------------------------------------

The contents of this e-mail should be treated as OFFICIAL unless otherwise
indicated.

--------------------------------------------------------

-I am not in the office on Thursdays and Fridays-

 

 

To contact the police in an emergency call 999 or to contact Greater
Manchester Police for a less urgent matter call 101.
For the latest news and information about your Neighbourhood Policing Team
visit www.gmp.police.uk. You can also follow us on Twitter:
www.twitter.com/gmpolice or find us on Facebook:
www.facebook.com/GtrManchesterPolice , Flickr: www.flickr.com/gmpolice1 or
YouTube: www.youtube.com/gmpolice

You can find your local policing team on social media at
www.gmp.police.uk/socialmedia.
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www.gmp.police.uk/apps

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Dear Greater Manchester Police,

This dealy is completely and utterly unacceptable from anyone, even less a police force. It appears that the Greater Manchester Police are deliberately delaying this request from 2015 - over 2 years ago and the subsequent review. You are openly flouting the law.

Yours faithfully,

Michael Price

Greater Manchester Police

Dear Mr Price,

 

Thank you for your request for a review of the handling of your request
for information under the Freedom of information Act 2000 FOIA.

 

On revisiting your request, I can see that you have had a partial review
of your requests during which additional requests for information were
made. I have reviewed your request, and initially I believe apologies are
in order for the unusually prolonger time lapse between your request for
information and the information manifesting itself and subsequent relaying
of information to you. 

 

Delays can be attributed to a number of factors. Initially, towards the
final quarter of 2015 and throughout 2016 and until 2017 our unit has
experienced significant staff attrition that resulted in a substantial
backlog of requests made under the FOIA. This has since been eliminated,
however your request unfortunately was one that remained unallocated and
until your efforts to chase null responses, and I can only apologise for
this misdemeanour. Similar attrition has been experienced elsewhere in the
Force and that has resulted in additional delays in acquiring and
processing your request, ultimately attrition continues and demands on our
Unit have not subsided to correlate.

 

Furthermore, the most recent information relating to your request was
forwarded to me on 08/05/2017, around the time there were a number of
compliance matters that took precedence over all other work, following
which I was working reduced hours until July 2017, following which a
number of regulatory/statutory requirements often carrying monetary
implications took precedence over all other tasks –this was around the
time I had anticipated sending a response to you. Unfortunately, the
drafting of your reply has been superseded by statutory deadlines on a 
number of occasions and the same can be said about other work in progress,
the above describes the nature of compliance work and I am grateful for
and appreciative of the patience you have afforded us thus far.

 

Your initial request was for the following information:

 1. What is the guidance and codes for whether a policeman is suspended or
not when facing a charge such as this?

 2. Who took the decision to not suspend Inspector Kehoe after the
incident happened and that he would not face disciplinary action by the
force?

 3. How many arrests has Inspector Kehoe made since this incident?

 

Addressing your requests above, a partial response was sent to you on
06/04/2016 pending response to question 2 above.  Question 1 above was
honoured and the said response to the above question denoted as question 3
stated that the number of arrests made by an officer constitutes personal
data which is information that is exempt from our obligations under
Section 1 of the FOIA by virtue of Section 40 Personal Data (3)(a)(i)
whereby disclosure would breach any principles of the Data Protection Act
1998. The response explained the basis for the use of Section 40 in
detail.

 

In response to the reply given for question 1 above, on 12/04/2016 you
requested the following information:

 

o Under S2.37 of a to d, which were engaged in relation to the Officer?

 

You also appended the following additional questions to your request, and
these were considered as part of the same FOI request:

 

o What was the new role that this Inspector undertook?
o How many cases in 2015 was a police officer suspended, pending
investigation and what was the result of the investigations?
o What data does the GMP consider to be personal data under 40 Personal
Data (3)(a)(i) that is created as part of an officers job?

 

You also challenge the response to question 3 above stating that you 
believe this is data that should be released claiming disclosure is in the
public interest and it should not be classified as personal data as
described. You state that in this case an officer blatantly lied and tried
to "fit someone up” stating that the data on whether he made subsequent
arrests whilst not suspended are highly relevant to the public interest,
as they may have been "false arrests" and should be reviewed.

 

Accounting for your case for the public interest, when weighing against
the Rights of the individual, as described to you in the response dated
06/04/2016 and considering that alternate means for accountability exist
without infringing upon the Rights of the individual concerned, the public
interest is best served by withholding disclosure from the world at large.

 

To assist, should you have concerns about the performance of the Officer
concerning any arrests, your concerns should be forwarded to our
Disciplines and Complaints teams below who have a duty to investigate any
claims:

 

Professional Standards Branch (PSB)
GMP Force HQ
Openshaw Complex
Lawton St
Openshaw
Manchester
M11 2NS

 

Or by completing the following [1]Online Form.

 

Following receipt of your abovementioned response, searches were requested
for the additional information, the results of which were returned to me
on 02/11/2016.

 

Appending to the partial reply of 06/04/2016, the above question denoted
as 2 was addressed in the email of 02/11/2016 citing Section 40.3(a)(i),
explaining that its disclosure would contravene principles of the Data
Protection Act 1998. The following guidance URL was appended to the
response to assist you when making requests for information concerning
individuals:

 

[2]Request for personal data about public authority employees

 

Your question expanding on from the reply to question 1 above, was also
responded to on 02/11/2016 citing Section 40 information pertaining to a
person, falls outside the scope of the Freedom of Information Act 2000
(FOIA), and is therefore exempt by virtue of Section 40.3(a) (i).

 

The following clarification was sought from you in the abovementioned
email in relation to the question below:

 

Please clarify, “…is the request for officers who were initially suspended
in 2015?”

 

o How many cases in 2015 was a police officer suspended, pending
investigation and what was the result of the investigations?

 

to which you responded on the 28/11/2016 stating that you require the
information for Officers who were initially suspended  in 2015, adding
that you would like clarification for the delays in responding to your
requests.

 

The requested information following clarification was provided to me in
May 2017, as described earlier in this email.

 

Owed to the nature of the information requested in both questions below
these have subsequently been addressed together :

 

o What was the new role that this Inspector undertook?

o How many cases in 2015 was a police officer suspended, pending
investigation and what was the result of the investigations?

 

Additional questions above relate to information concerning an officers
employment as a public servant, and request key identifiers that hold a
close relationship with specific individuals,  information returned from
searches shows a low frequency of cases meeting the search criteria, the
extent to which there is a risk that persons to whom the information
relates could be considered as “identified” i.e. from within a group of
persons from all other members of the group by identifiers specific to one
or more factors specific to a person’s physical, physiological, mental,
economic, cultural or social identity, in this case  the persons
profession, specific management action, subject of investigations and the
specific result of such investigations. Although identification may not be
direct from key identifiers, when the information is coupled with other
information that may be or may come into your possession, the likelihood
of identification increases, making the requested information exempt from
our obligations under Section 1 of the FOIA by virtue of Section 40
personal information in that its disclosure would contravene principles of
the Data Protection Act 1998, unless an exemption can be cited to breach
the rights of the Officer and Principle 1 of the Data Protection Act 1998.
This position is in compliance with relevant statutory guidelines.

 

As described in my response dated 06/04/2016 to question 3 above, “the
implications of disclosing personal information pertaining to performance
or otherwise in the workplace, extend possible implications beyond the
workplace into the public domain and into the private life of that person,
where it has the potential to infringe on the individual’s right to
private and family life as granted by Article 8 of the Human Rights Act
1998, therefore making the disclosure ‘unfair’, moreover, there is a
legitimate expectation of the Data Subject of how an employer will use the
information held i.e. honour an implied obligation of confidence between
the employer and the Data Subject. Having said that, I do not believe it
would be in the public interest to disclose information requested and the
public interest is best served by withholding the requested information. “
following review, the position in relation to this question remains the
same.

 

You have also appended the following question:

 

o What data does the GMP consider to be personal data under 40 Personal
Data (3)(a)(i) that is created as part of an officers job?

 

In relation to the additional question above, I can confirm that GMP rely
on guidance (see below for URL)as  issued by the ICO and take into account
a number of factors when considering whether data generated by or about an
officer is personal.

 

[3]Request for personal data about public authority employees

 

Following a review of your request, it is apparent that the information
you seek is directly or indirectly identifying by its nature, with an
identifiable individual at its source. The Freedom of Information Act 2000
grants a right of access to information held however with exemptions to
allow for risk management. Information that relates to an individual is
granted protection by the Data Protection Act 1998, whereby Rights are
inherited therein from the Human Rights Act and thusly the information is
not granted under the Freedom of Information Act 2000 unless an exemption
from the Data Protection Acct 1998 can be cited. Information disclosed in
response to a request under the said Act is disclosed to the world at
large without controls to safeguard against onwards use, and where this
relates to an individual further exacerbates risk of identification and
facilitates for a breach of the Data Protection Act 1998. Having said
that, I conclude that the application of Section 40 in this case complies
with the legislation and best serves the public interest.

 

I hope the above clarifies the initial response to your request, I
appreciate that the conclusion of the review may not be to your agreement
however, any dissatisfaction can be presented in response to this email
and I endeavour to assist wherever possible, or alternatively presented to
the ICO whose details are noted below:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Phone:  01625 545 700

 

[4]http://ico.org.uk/

 

 

Yours sincerely

Khalid Mahmood
Information Compliance & Records Management Officer
Information Services Branch - Information Management
Greater Manchester Police

 

Postal Address: c/o Openshaw Complex, Lawton Street, Openshaw, Manchester,
M11 2NS

 

Tel: 0161 856 9924 

Ext: 69924 

[mobile number]        

Follow us on Twitter: @gmpolice

--------------------------------------------------------

The contents of this e-mail should be treated as OFFICIAL unless otherwise
indicated.

--------------------------------------------------------

-I am not in the office on Thursdays and Fridays-

 

 

To contact the police in an emergency call 999 or to contact Greater
Manchester Police for a less urgent matter call 101.
For the latest news and information about your Neighbourhood Policing Team
visit www.gmp.police.uk. You can also follow us on Twitter:
www.twitter.com/gmpolice or find us on Facebook:
www.facebook.com/GtrManchesterPolice , Flickr: www.flickr.com/gmpolice1 or
YouTube: www.youtube.com/gmpolice

You can find your local policing team on social media at
www.gmp.police.uk/socialmedia.
Download our smartphone app from the App Store or Google Play
www.gmp.police.uk/apps

This e mail carries a disclaimer, a copy of which may be read at:
   
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4. http://ico.org.uk/

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