Investigation carried out on behalf of Metropolitan Police Authority

The request was partially successful.

Dear Humberside Police ("Humberside"),

In 2002 the Metropolitan Police Authority invited Humberside to investigate misconduct allegations against a serving Commander in the Metropolitan Police Service at that time, Brian Paddick.

A summary of the outcome is outlined in this contemporaneous BBC report.

http://news.bbc.co.uk/2/hi/uk_news/engla...

Mr Paddick, though now retired from the police service, remains a high profile, and highly respected, commentator on policing matters, gay rights and race relations. Any privacy expectations would, therefore, be correspondingly low or non-existant.

By way of the Act, please disclose the report referred to in the BBC article. If an executive summary was written by DCC Gordon Clark, the senior investigating officer, that would satisfy this request.

To assist the disclosure officer, there is recent and relevant precedent: In a request made to West Yorkshire Police and Crime Commissioner ("WYOPCC") in 2017 I secured the investigation report of ACC Tim Jacques of Lancashire Police into gross misconduct allegations against the former chief constable of West Yorkshire Police (Operation Barium). It was not without difficulty, largely because WYOPCC has little or no understanding of its obligations under the Act, and although (surprisingly substantial) disclosure was, eventually, made, after the intervention of the Information Commissioner, the matter is still before the First Tier Tribunal for final determination.

Yours faithfully,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Information Compliance, Humberside Police

Thank you for your request for information. If you are requesting information under the Freedom of Information Act or the Environmental Information Regulations you will receive a response within the statutory 20 working days

Dear Humberside Police ("Humberside"),

I am writing to request an internal review of Humberside's handling of my FOI request 'Investigation carried out on behalf of Metropolitan Police Authority'.

The request should have been finalised on or before 4th June in order to comply with section 10 of the Act.

No section 17 refusal notice has been issued.

The failure to provide a response, or communicate effectively, places the portfolio holder for Information Rights (normally the deputy chief constable or his/her delegate) in breach of the College of Policing's Authorised Professional Practice (APP). In turn, APP is embedded in the College's Code of Ethics. Taken at their face, the failures of Humberside and its deputy chief (or delegate) engage the Code under neglect of duty and respect, courtesy.

Given that the applicant in the instant request is both an accredited journalist and experienced information rights practitioner, the approach of Humberside is disappointing to say the least. A law enforcement agency that it treats its statutory obligations so casually will quickly see public confidence in it erode. Particularly when the requested disclosure is, largely, historical and, at first blush, uncontroversial.

Accordingly, it is hoped that the matters outlined above can be satisfactorily explained and quickly remedied.

A full history of my FOI request and all correspondence is available at this weblink:

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

Yours faithfully,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Information Compliance, Humberside Police

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Dear Information Compliance,

In order to assist public understanding of a police force deliberately breaking the law please disclose, as part of the internal review finalisation, all internal and external correspondence relating to both this freedom of information request and the internal review request, up to and including today's date (7th June, 2019).

The chief constable, on 5th June 2019, said in a broadcast on Twitter: 'As always, will look into it and check where we are and get back to you'. As he did not do so, the suspicion is that no action was taken on this request between the date it was submitted and the date the internal review request was made and he is reluctant to concede that fact.

It is also suspected that the Code of Ethics complaints set out in the internal review request have not been referred to the Professional Standards Department for a recording decision to be made.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Information Compliance, Humberside Police

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Livingston, Adele 9353, Humberside Police

Good afternoon,

Thank you for your email and request for internal review.

Unfortunately as the original request has not yet been answered I am unable to conduct a full internal review on the decision making.

However, from reviewing the file I can see work has been carried out and the information requested has been obtained by the Information Compliance Officer dealing.

I wish to advise you that the following exemptions (in part) are engaged in relation to your request:

Section 40 Personal Information/ Section 31 Law Enforcement.

By virtue of Section 31(1)(b), where public authorities have to consider the balance of the public interest in relation to a request, they do not have to comply with the request until such times as is reasonable in the circumstances.

This is a qualified exemption and there is a requirement to conduct a public interest test. The Officer dealing is obliged to consult with all stakeholders who may be affected by disclosure/ complying with your request. Upon completion of this process a balance test will be conducted in compliance with both my duty to confirm or deny what information exists and/or in disclosure of any relevant information.

This process is ongoing, and when considering these matters Humberside Police are entitled to extend the deadline for complying with your request, up to 20 working days beyond the original due date.

The new estimated date for compliance will be 03 July 2019, however every effort will be made to respond prior to this time.

Kind regards

Adele Livingston
Information Compliance Officer
Data Protection / Freedom of Information

show quoted sections

Dear Livingston, Adele 9353,

I refer to your communication dated 14th June, 2019 and make the following observations.

1. Section 10 of the Act requires a public authority to respond to a freedom of information request PROMPTLY and, in any event, within 20 working days. The latter is a backstop, not a target date.

2. The extension of 20 working days for a PIT consideration is correct. However, your proposition of simply adding 20 plus 20 working days together is not what Parliament intended.

3. The relevant day for the beginning of the extension for PIT is the one upon which the public authority determines that such a test is required. Accordingly, please disclose

4. For what it is worth, over and above informing What Do They Know readers and users, it is my view, as an investigative journalist and experienced information rights practitioner, that the purported reliance on a s31(1)(b) exemption is simply a ruse to delay disclosure.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Edward Williams left an annotation ()

Let's be clear, an Internal Review is a review of the way the public body handled THE REQUEST, it is not a review of the response (if given).

Dear Information Compliance,

A section 50 complaint has been lodged with the Information Commissioner.

They will no doubt be in touch with your force in due course.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Information Compliance, Humberside Police

1 Attachment

Thank you for your email to the Information Compliance Unit – Humberside
Police.

 

If you are requesting information under the Freedom of Information Act,
you will receive a response within the statutory 20 working days.

 

If you are requesting information under Subject Access (The Data
Protection Act) you will receive a response within the statutory 28 days.
Please note we require two forms of ID which show your name, date of
birth, current living address and a signature, for us to process your
application. 

 

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on the following link -
[1]https://www.humberside.police.uk/your-ri....

 

If you are chasing up a submission, please note we are currently
experiencing a high volume of requests and we are working to respond as
soon as possible.

 

We appreciate your patience in the matter.

 

 

[2]Description: Description: Description:
cid:image001.png@01D52A70.2FA8E800

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. https://www.humberside.police.uk/your-ri...

Dear Humberside Police,

I am writing to request a second internal review of Humberside Police's handling of my FOI request 'Investigation carried out on behalf of Metropolitan Police Authority'.

This is quite separate to the complaints raised in the first internal review and the complaint already made to the Information Commissioner.

On 7th June, 2019 you were asked to disclose all internal and external emails relating to the instant request, up to and including that date. The request could not be simpler, yet it has been completely ignored. In breach of s10 and s17 of the Act.

The suspicion is that they are being deliberately withheld, concealed and my rights under section 77 of the Act are, accordingly, reserved. Unprofessional comment made on Twitter, by the Humberside chief constable, in the face of his persistent lawbreaking and breaches of Code of Ethics, add weight to that hypothesis.

https://www.legislation.gov.uk/ukpga/200...

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,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Information Compliance, Humberside Police

1 Attachment

Thank you for your email to the Information Compliance Unit – Humberside
Police.

 

If you are requesting information under the Freedom of Information Act,
you will receive a response within the statutory 20 working days.

 

If you are requesting information under Subject Access (The Data
Protection Act) you will receive a response within the statutory 28 days.
Please note we require two forms of ID which show your name, date of
birth, current living address and a signature, for us to process your
application. 

 

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on the following link -
[1]https://www.humberside.police.uk/your-ri....

 

If you are chasing up a submission, please note we are currently
experiencing a high volume of requests and we are working to respond as
soon as possible.

 

We appreciate your patience in the matter.

 

 

[2]Description: Description: Description:
cid:image001.png@01D52A70.2FA8E800

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. https://www.humberside.police.uk/your-ri...

Neil Wilby left an annotation ()

The Information Commissioner has issued an adverse Decision Notice against Humberside Police concerning the first of the two requests made on this WDTK thread, on 5th May, 2019.

Out of eighteen complaints made to the statutory regulator, by FOIA applicants, this is the twelfth to be upheld. An unprecedented percentage.

A complaint regarding the second request, made on 7th June, 2019, has been made to the ICO.

Boynton, Sian 8066, Humberside Police

2 Attachments

Your Ref:
Our Ref:F-2019-01163

29 July, 2019

Dear Mr. Wilby,

Thank you for your request for information regarding the investigation carried out on behalf of Metropolitan Police Authority.

I apologise for the delay in responding.

This is to inform you that all information relating to your request has been considered and a relevant response has been attached.

Should any further information be requested regarding this topic, a separate request will need to be submitted.

If I can be of any further assistance on this matter please do not hesitate to contact me.

Yours sincerely,

Sian Boynton
Information Compliance Officer
Humberside Police

Internet Email should not be treated as a secure means of communication. To ensure regulatory compliance Humberside Police monitors all Internet Email activity and content. This communication is intended for the addressee(s) only. Unauthorised use or disclosure of the content may be unlawful. If you are not a named addressee, you must not disclose, copy, print, or in any other way use or rely on the data contained in this transmission. If received in error you should notify the sender immediately and delete this Email Humberside Police routinely checks e-mails for computer viruses. However addressees are advised to conduct their own virus checks of all e-mails, & any attachments). Opinions expressed in this document may not be official policy. Thank you for your co-operation. Humberside Police