Dear Essex Police,

One of your officers recently stopped somebody and essentially forced the driver to remove the 'Bollocks to Brexit' signage that had been placed on their car.

See: https://twitter.com/BollocksBus/status/1...

This sort of intimidation by your officers is unacceptable and should never in my view be tolerated. You already have all the details necessary to find the officer concerned, so please provide me with the following details:

- Whether an investigation has been started over this matter to determine what happened.
- If so, the current state of said investigation
- What, if any, action has been taken over this matter.
- If no action has been taken, why not?
- If it's because the investigation has not yet been completed then when do you expect the investigation to be completed given you already have the identity of the officers concerned?
- Whether the behaviour shown here is seen as being either at or above whatever minimum standard Essex police expect officers to abide by.

Yours faithfully,

P Seurre

Info Rights Freedom Essex, Essex Police

1 Attachment

Thank you for your enquiry which has been logged under the above reference
13925.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[1]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[2]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Kind regards,

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[3][Essex Police request email]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[4]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[5]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [6][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [7]https://ico.org.uk/

 

 

 

show quoted sections

Info Rights Freedom Essex, Essex Police

2 Attachments

Essex Police refer to your recent request logged under the above reference
and subsequent acknowledgement.

 

The FOI Act obliges us to respond to requests promptly and in any case no
later than 20 working days after receiving your request.  We must consider
firstly whether we can comply with Section 1(1)(a) of the Act, which is
our duty to confirm whether or not the information requested is held and
secondly we must comply with Section 1(1)(b), which is the provision of
such information. However, when a qualified exemption applies either to
the confirmation or denial or the information provision and the public
interest test is engaged, the Act allows the time for response to be
longer than 20 working days, if the balance of such public interest is
undetermined.

 

We have not yet reached a decision on where the balance of the public
interest lies in respect of disclosure of the information requested. We
estimate that it will take an additional 20 days to take a decision on
where this balance lies. Therefore, we plan to let you have a response by
28.01.20. If it appears that it will take longer than this to reach a
conclusion, you will be kept informed.

 

Please accept our apologies for any inconvenience that this may cause, we
will write again as soon possible.

 

Kind regards

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [1][Essex Police request email]

 

[2]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[3]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [4][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [5]https://ico.org.uk/

 

 

From: Info Rights Freedom Essex
Sent: 28 November 2019 14:37
To: 'P Seurre' <[FOI #623829 email]>
Subject: FOI 13925 - Intimidation by EP officer

 

Thank you for your enquiry which has been logged under the above reference
13925.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[6]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[7]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Kind regards,

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[8][Essex Police request email]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[9]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[10]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [11][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [12]https://ico.org.uk/

 

 

 

show quoted sections

Dear Essex Police,

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

I am writing to request an internal review of Essex Police's handling of my FOI request 'Intimidation by Essex police officers'.

You only give a generic list of possible exemptions at best (phrases like 'and these include' are used to describe those exemptions that may possibly apply).

My questions are fairly simple ones and frankly the idea that you would need more than the statutory 20 working days to deal with the request is laughable.

The idea that the request is either unreasonable (I travel through Essex regularly to visit family and do not expect to see this sort of behaviour from the authorities) or that it's too expensive to answer such simple questions is ludicrous and beggars belief.

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,

P Seurre

Info Rights Freedom Essex, Essex Police

1 Attachment

Essex Police is in receipt of your complaint to FOI request 13925
regarding the Intimidation by EP officer.

 

Essex Police will conduct a review as requested.

 

As you will be aware, the Information Commissioner's guidance for reviews
held under Section 50 of the Act is that they should be completed within
twenty working days of receipt of the complaint (unless exceptional
circumstances arise in which case the authority may extend the deadline by
a further twenty days) this will give a deadline of the 29 January 2020.

 

As advised in our reply, if you are not content with the outcome of the
review, you have the right to apply directly to the Information
Commissioner for a decision.  The Information Commissioner can be
contacted at: Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF or via http://www.ico.gov.uk/

We will write again by that date.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 01245 452647 | Email: [1][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

[2]cid:image001.png@01D4EA0F.18BBB1F0

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests: 
[3]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [4]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner.  Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [5]https://ico.org.uk/

 

 

show quoted sections

Info Rights Freedom Essex, Essex Police

2 Attachments

Thank you for your enquiry which has been logged under the above
reference.

 

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held. Where exemptions are
relied upon Section 17 of the FOIA requires that we provide the applicant
with a notice which: a) states that fact b) specifies the exemption(s) in
question and c) states (if that would not otherwise be apparent) why the
exemption applies.

 

In respect of your enquiry:

 

One of your officers recently stopped somebody and essentially forced the
driver to remove the 'Bollocks to Brexit'  signage that had been placed on
their car.

 

See:
[1]https://eur03.safelinks.protection.outlo...

 

This sort of intimidation by your officers is unacceptable and should
never in my view be tolerated. You already have all the details necessary
to find the officer concerned, so please provide me with the following
details:

 

- Whether an investigation has been started over this matter to determine
what happened.

- If so, the current state of said investigation

- What, if any, action has been taken over this matter.

- If no action has been taken, why not?

- If it's because the investigation has not yet been completed then when
do you expect the investigation to be completed given you already have the
identity of the officers concerned?

- Whether the behaviour shown here is seen as being either at or above
whatever minimum standard Essex police expect officers to abide by.

 

Essex Police can neither confirm nor deny that it holds any further
information in respect of your submission as the duty in Section 1(1)(a)
of the Freedom of Information Act does not apply by virtue of the
following exemptions:

 

S31 Law enforcement

S40(1) Personal Information

 

S31 Law Enforcement

To provide any further information could compromise law enforcement and
undermine policing, which would hinder the UK Police service’s ability to
prevent and detect criminality in this area. 

 

S40(1) Personal Information

Information disclosed under FOI is effectively released to the wider world
or into the public domain. Consequently, in cases where the public request
information related to individuals, it would be rare for a Police Force to
release such information under the terms of the FOI Act. Any individual or
Third Party would not would not expect that their personal data would be
disclosed in response to a request under the FOI Act, any disclosure could
breach GDPR data protection principles.

 

The information you have requested, if held, would be personal data as
defined at article 4(1) of the GDPR and we would be obliged to only use or
disclose that personal data (including releasing under the FOI Act) in
compliance with the GDPR Data Protection Principles which are set out at
Article 5 of the GDPR. To confirm whether or not we held the personal
data, would in itself, also be a disclosure that would need to comply with
the GDPR Principles.

 

In our view, confirmation whether or not we hold or have held  the
information and disclosing it if we did, would breach at least one of the
GDPR Data Protection Principles – namely that set out Article 5(1)(a)
which requires, in part, that the disclosure should be fair to the
individuals the information relates to. Fairness involves consideration
as to whether the information concerned is special category personal data
(which it would be in this scenario), the possible consequences of
disclosure on the individual(s) it relates to, and the reasonable
expectation of those individuals, taking into account their legitimate
expectations both at the time the information was collected.

 

Our decision that the confirmation or disclosure would breach at least one
of the GDPR Data Protection Principles means that exemptions within the
FOIA Act are engaged which mean that we do not have to confirm if the
information is held or supply it if it was. These are: Section
40(5B)(a)(i) and Section 40(3a)(a) respectively.

 

This refusal should not be regarded as neither confirming or denying any
information exists relating to this request.

 

Although we can neither confirm or deny any details, we do have a process
whereby complaints can be lodged regarding conduct, please see below link
regarding making a formal complaint:

 

[2]https://www.essex.police.uk/advice/advic...

 

Essex Police regularly receive FOI requests regarding misconduct and
complaints. The conduct of a Police Officer or a Police Staff member is an
important issue and the following will provide further information
regarding the subject.

If a complaint is about the conduct of a Police Officer or member of
Police Staff made from a member of the public, the complaint will be
managed by the Professional Standards Department (PSD) and dealt with by
either the policing area or department it relates to, through a local
resolution or a local investigation.  This can subsequently be appealed to
either the Chief Constable or the IPCC depending on the specifics of the
individual case if the complainant remains dissatisfied.  If local
resolution is not appropriate and the complaint considered serious, the
complaint will be investigated by PSD.  Essex Police can also refer
matters to the IPCC who may decide to independently investigate certain
cases.

Internal conduct cases (from staff v staff) are managed by Human Resources
(HR) who will, if necessary refer to PSD for formal assessment.  If formal
misconduct is identified, HR will manage the investigation, however, PSD
will decide on whether there is a case to answer through a disciplinary
process.  Dependant on the circumstances, it can be in various forms, from
an informal warning to a formal disciplinary hearing.  Formal misconduct
cases are recorded by PSD on the conduct database.

The Essex Police, Fire and Crime Commissioner (PFCC) holds the Police
Force to account and has the legal power to hold the Chief Constable to
account. This is an important issue and both the PFCC and the Police
service need to be accountable and transparent in regard to this issue.
Both Essex Police and the PFCC regularly publish quarterly reports which
can be found via the following link

 

[3]http://www.essex.pfcc.police.uk/reportin...

 

Please note that the system used to manage complaint and investigations
cases is designed to follow national guidelines regarding reporting. 
Statistics, therefore, follow the published guidelines based on set
complaint codes A-Y and Misconduct Categories. Complaint and misconduct
data is recorded pre strand in a case. It does not cover each Officer
allegation within a separate complaint. Each complaint or misconduct case
is likely to have more than one complaint/misconduct strand or category
and could include multiple Officers subject to a complaint strand.

 

Additional mandatory referrals and requested reviews can also be viewed
via the Independent Office for Police Conduct (formally the IPCC) web
site.  The following links provide useful data and explain further
regarding coding and strands of misconduct and complaints:

 

[4]https://policeconduct.gov.uk/tags/essex-...

[5]https://www.policeconduct.gov.uk/sites/d...

 

Therefore bearing the above in mind, there are limitations in regard the
type, terminology and detail of information that can be extracted and
provided under the Freedom of Information Act in addition to data already
available and published. The act does not require new data to be created
in order to comply with a request, therefore any request that falls
outside of the above complaint coding and misconduct categories is likely
to be qualify as the creation of data or potentially attract the excess
cost exemptions.

 

Essex Police trusts that the information provided is of assistance. Thank
you for your interest in Essex Police.

 

Kind regards, 

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [6][Essex Police request email]

 

[7]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[8]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [9][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [10]https://ico.org.uk/

 

 

 

From: Info Rights Freedom Essex
Sent: 28 November 2019 14:37
To: 'P Seurre' <[11][FOI #623829 email]>
Subject: FOI 13925 - Intimidation by EP officer

 

Thank you for your enquiry which has been logged under the above reference
13925.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[12]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[13]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Kind regards,

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[14][Essex Police request email]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[15]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[16]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [17][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [18]https://ico.org.uk/

 

 

 

show quoted sections