Is it necessary to obtain a Section 136 to remove forcibly a person from hospital to a place of safety?

name removed 23 Oct 2012 (Account suspended) made this Freedom of Information request to Metropolitan Police Service (MPS)

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Metropolitan Police Service (MPS).

name removed 23 Oct 2012 (Account suspended)

27 February 2012

Dear Metropolitan Police Service (MPS), Mr Turner MP for the Isle of Wight, Mrs May Home Secretary, Mr Lansley Secretary of State for Health, PHSO, MONITOR, Care Quality Commission,

Is it necessary to obtain a Section 136 authorisation under Mental Health Act 1983[2007]to remove forcibly a person from hospital to a place of safety?

I wish to know about the legality of a person removed from a hospital surgical ward against their will and taken to a completely separate facility, operated by a totally different provider in a totally different building notwithstanding that the 2 facilities share the same site. Does the Police get involved at all?
Does the Court Service get involved at all?

BY WHOSE AUTHORISATION CAN SOMEONE BE REMOVED FROM HOSPITAL?
Who can authorise the removal of a person deemed to be suffering mental issues from a PUBLIC NHS HOSPITAL - and therefore a PUBLIC PLACE - and forcibly wheeled in a wheelchair out of the hospital and taken whilst still recovering from leg surgery - and so unable to run away - to a different NHS facility operated by a Mental Health Trust and not part of the Acute Hospital?

I have asked the Mental Health Trust in question whether there was a Section 136 to remove this person but have had not had any response. And yet they know the answer. Why will nobody tell me?

There was no Section 2 in place as that was completed AFTER the person was taken to the separate mental health trust in a completely different building which is NOT part of the hospital trust in which this person was a patient recovering from major surgery and major anaesthesia in April 2011 in a South London hospital.

As I understand it, the law is that if a person is to be removed from hospital to another place it has to be done legally if the person refuses to go voluntarily as was the case here.

Please give me the specific codes and regulations covering such an event.

What legal remedy does the family of the person taken out of a hospital without Section 136 or any other legal order to remove the person from hospital so that this person can be taken to a mental health trust and be held captive until the requisite Section 2 is completed later in the afternoon, but crucially not whilst in the hospital from which this person was removed against their will?

I believe there must be transparency and a code of conduct regulating such situations.

To whom can one complain?

Is there any redress to the victim in such a situation? And if so from whom?

Yours sincerely,

[first name removed] [last name removed]
Member of Oxleas
Campaigner for legal reform, liberty, truth and justice

Metropolitan Police Service (MPS)

Dear Ms. [last name removed]

Freedom of Information Request Reference No: 2012020004177
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 27/02/2012.  I note you seek
access to the following information:

"Is it necessary to obtain a Section 136 authorisation under Mental Health
Act 1983[2007]to remove forcibly a person from hospital to a place of
safety?
   
I wish to know about the legality of a person removed from a
hospital surgical ward against their will and taken to a completely
separate facility, operated by a totally different provider in a totally
different building notwithstanding that the 2 facilities share the same
site. Does the Police get involved at all?
Does the Court Service get involved at all?
   
BY WHOSE AUTHORISATION CAN SOMEONE BE REMOVED FROM HOSPITAL?
Who can authorise the removal of a person deemed to be suffering mental
issues from a PUBLIC NHS HOSPITAL - and therefore a PUBLIC PLACE - and
forcibly wheeled in a wheelchair out of the hospital and taken whilst
still recovering from leg surgery - and so unable to run away - to a
different NHS facility operated by a Mental Health Trust and not part of
the Acute Hospital?
   
I have asked the Mental Health Trust in question whether there was a
Section 136 to remove this person but have had not had any response. And
yet they know the answer. Why will nobody tell me?
   
There was no Section 2 in place as that was completed AFTER the person was
taken to the separate mental health trust in a completely different
building which is NOT part of the hospital trust in which this person was
a patient recovering from major surgery and major anaesthesia in April
2011 in a South London hospital.
   
As I understand it, the law is that if a person is to be removed
from hospital to another place it has to be done legally if the
person refuses to go voluntarily as was the case here.
   
Please give me the specific codes and regulations covering such an event.
   
What legal remedy does the family of the person taken out of a hospital
without Section 136 or any other legal order to remove the person from
hospital so that this person can be taken to a mental health trust and be
held captive until the requisite Section 2 is completed later in the
afternoon, but crucially not whilst in the hospital from which this person
was removed against their will?
   
I believe there must be transparency and a code of conduct
regulating such situations.
   
To whom can one complain?
   
Is there any redress to the victim in such a situation? And if so from
whom?"

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party.  In some circumstances the MPS may be unable to achieve this
deadline.  If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

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

Should you have any further enquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

R. Loizou
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Metropolitan Police Service (MPS)

Dear Ms [last name removed]

Freedom of Information Request Reference No: 2012020004177

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 27/02/2012.  I note you seek
access to the following information:

"Is it necessary to obtain a Section 136 authorisation under Mental Health
Act 1983 [2007] to remove forcibly a person from hospital to a place of
safety?

I wish to know about the legality of a person removed from a hospital
surgical ward against their will and taken to a completely separate
facility, operated by a totally different provider in a totally different
building notwithstanding that the 2 facilities share the same site. Does
the Police get involved at all?

Does the Court Service get involved at all?    

BY WHOSE AUTHORISATION CAN SOMEONE BE REMOVED FROM HOSPITAL?

Who can authorise the removal of a person deemed to be suffering mental
issues from a PUBLIC NHS HOSPITAL - and therefore a PUBLIC PLACE - and
forcibly wheeled in a wheelchair out of the hospital and taken whilst
still recovering from leg surgery - and so unable to run away - to a
different NHS facility operated by a Mental Health Trust and not part of
the Acute Hospital?

I have asked the Mental Health Trust in question whether there was a
Section 136 to remove this person but have had not had any response. And
yet they know the answer. Why will nobody tell me?

There was no Section 2 in place as that was completed AFTER the person was
taken to the separate mental health trust in a completely different
building which is NOT part of the hospital trust in which this person was
a patient recovering from major surgery and major anaesthesia in April
2011 in a South London hospital. As I understand it, the law is that if a
person is to be removed from hospital to another place it has to be done
legally if the person refuses to go voluntarily as was the case here.

Please give me the specific codes and regulations covering such an event.

What legal remedy does the family of the person taken out of a hospital
without Section 136 or any other legal order to remove the person from
hospital so that this person can be taken to a mental health trust and be
held captive until the requisite Section 2 is completed later in the
afternoon, but crucially not whilst in the hospital from which this person
was removed against their will?
   
I believe there must be transparency and a code of conduct regulating such
situations. To whom can one complain?

Is there any redress to the victim in such a situation? And if so from
whom?"

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate information relevant to your request searches were conducted at
the Territorial Policing Headquarters - Mental Health and Policing Unit.

RESULT OF SEARCHES

The searches located information relevant to your request

DECISION

With specific reference to an incident which you refer to these are not
valid questions under the Act as these are not requests for held
information. Therefore this cannot be dealt with under the Freedom of
Information Act.

Section 8 of the Act provides:
(1) In this Act any reference to a "request for information" is a
reference to such a request which-
(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.

Section 84 of the Act states that 'information' means 'information
recorded in any form'. Therefore, these questions are not asking for
'information' as defined in the Act.

However, I would like to take this opportunity to explain that should this
be seen as a valid request this would be exempt as the information you
seek is personal information. Personal information under the Act is exempt
by virtue of s40(5) as we would neither confirm nor deny we held any
information as it would be personal.

With the remainder of the questions within the Act this information is
already in the public domain. Please see the below links:

http://www.legislation.gov.uk/ukpga/1983...

The code of practice to the MHA 1983 is on the DOH website:
http://www.dh.gov.uk/en/Healthcare/Menta...

You may also find the following link useful:
http://www.met.police.uk/foi/pdfs/polici...

COMPLAINT RIGHTS

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

Should you have any further enquiries concerning this matter, please write
or contact Deborah Solomon on telephone number 0207 161 4291 quoting the
reference number above.

Yours sincerely

Inspector Partridge
Mental Health and Policing Unit
Territorial Policing Headquarters

LEGAL ANNEX

Section 17(1) of the Act provides:

(1) A public authority which, in relation to any request for information,
is to any extent relying on a claim that any provision in part II relating
to the duty to confirm or deny is relevant to the request or on a claim
that information is exempt information must, within the time for complying
with section 1(1), give the applicant a notice which-
(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 21(1) of the Act provides:

(1) Information which is reasonably accessible to the application
otherwise than under section 1 is exempt information
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

name removed 23 Oct 2012 (Account suspended)

22 March 2012

Dear Metropolitan Police Service, Mr Turner MP for the Isle of Wight, Oxleas, South London Healthcare NHS Trust, Mr Clarke Lord Chancellor Secretary of State for Justice, Mr Grieve Attorney General, CPS,Information Commission, HMCTS,

I am writing to request an Internal Review of the Metropolitan Police's refusal to give me information to my request on the grounds that as the person in question's Nearest Relative as of 8 April 2011, I have an ABSOLUTE RIGHT TO KNOW.

The Top Notch Solicitor was INSTRUCTED by this person, who I now fear may have been ILLEGALLY REMOVED FROM SOUTH LONDON HEALTHCARE NHS TRUST without any Section 2 authorisation as that was not in place.

South London Healthcare NHS Trust owns and runs and manages Princess Royal University Hospital Farnborough, Kent, but it does NOT RUN OXLEAS AND GREEN PARKS HOUSE, even if it is the owner of the property, it does NOT CONTROL THE MANAGEMENT OF THE BUSINESS THAT GOES ON IN THE OXLEAS FOUNDATION NHS TRUST.

Therefore, South London Healthcare NHS Trust I believe may not have been acting within the law to permit the FORCIBLE INVOLUNTARY removal of THEIR REGISTERED INPATIENT who was NOT under ANY section of the Mental Health Act 1983(2007).

I have been trying for a very long time to get to the truth of this. But when the Metropolitan Police "warned" me that my FOI Requests are being monitored and that they are not pleased to see my making requests to the NHS, this makes me very worried indeed for whom at that moment in time I was the Nearest Relative according to this person's OWN solicitor, who spoke to me at length about this in April 2011.

Has this person been illegally treated? What investigation can be done by the Police please to look at it? I wish there to be an INDEPENDENT police investigation by an authority that is INDEPENDENT of the Metropolitan Police.

For it appears that the Metropolitan Police were involved in getting this person removed to Green Parks but without a Section 136, surely this is illegal?

And hence my concern for HABEAS CORPUS, as I contacted the MP for Orpington's parliamentary secretary on 6 April 2011 and expressed my grave fears that someone was going to remove this person and that I would never be able to see this person again.

This is why I have been complaining and insisting on getting a PROPER investigation into the camerawork of 7 to 9 March 2011 inclusive.

But without avail.

Why not?

Please help to enable HABEAS CORPUS to prevail. And tell me how I may make a formal complaint about all of this, and to which authorities I do make complaint. Please accept this not just as an FOI Request but also as a request for a root-and-branch investigation of this person's Human Rights as I believe they have been trampled upon left right and centre.

I call upon the Deprivation of Liberty safeguards and legislation regarding them. The Bournewood decision looms large in all of this I aver, and still this person has not been allowed to have their OWN MHRT - the one on 13 January 2012 was cancelled. Why?

We have not been informed the reason and yet the person still has a family Nearest Relative.

The more the Metropolitan Police "warn" me, the more I am scared that there MAY potentially have been illegal removal of this person from one hospital trust to the charge of another hospital trust.

There has NEVER been disclosed the DISCHARGE PAPERS. I spoke with the Board Secretary of SLHT that very morning of 8 April 2011 and he NEVER warned me that this patient was about to be removed from hospital. And nor did the Complaints handler who was already involved in the case because of my complaint that no stretcher had been given to this person when requested on 7 March 2011 and hence the request for the CCTV camerawork for the period 7 - 10 March 2011 at A and E was so important to show the evidence of what happened, and that 3 people manhandled this person out of the car late night on 9 March 2011.

All of this is in the public arena for many months. Why do you now seek to prevent us knowing the truth?

Thank you very much,

Yours sincerely,

[first name removed] [last name removed]

Campaigner for legal reform, liberty, truth and justice

Metropolitan Police Service (MPS)

Dear  Mr [last name removed]

Freedom of Information Request Reference No: 2012030003161

I write in connection with your letter dated 22 March 2012 requesting that
the Metropolitan Police Service (MPS) review its response  to your request
for information relating to:

* Original FOI case number 2012020004177.

The review will be conducted in accordance with the MPS complaints
procedure. The MPS endeavour to respond to your complaint by 23 April
2012.

Yours sincerely

Ms S. Strong
FOIA Complaints Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Ms [last name removed],

Freedom of Information Request Reference No: 2012030003161

Further to our letter of 23 March 2012, I am now able to provide a
response to your complaint dated 22 March 2012 concerning:

* Original FOI case number 2012020004177

Original FOI request (received 27 February 2012)
Is it necessary to obtain a Section 136 authorisation under Mental Health
Act 1983 [2007] to remove forcibly a person from hospital to a place of
safety?

I wish to know about the legality of a person removed from a hospital
surgical ward against their will and taken to a completely separate
facility, operated by a totally different provider in a totally different
building notwithstanding that the 2 facilities share the same site. Does
the Police get involved at all?

Does the Court Service get involved at all?    

BY WHOSE AUTHORISATION CAN SOMEONE BE REMOVED FROM HOSPITAL?

Who can authorise the removal of a person deemed to be suffering mental
issues from a PUBLIC NHS HOSPITAL - and therefore a PUBLIC PLACE - and
forcibly wheeled in a wheelchair out of the hospital and taken whilst
still recovering from leg surgery - and so unable to run away - to a
different NHS facility operated by a Mental Health Trust and not part of
the Acute Hospital?

I have asked the Mental Health Trust in question whether there was a
Section 136 to remove this person but have had not had any response. And
yet they know the answer. Why will nobody tell me?

There was no Section 2 in place as that was completed AFTER the person was
taken to the separate mental health trust in a completely different
building which is NOT part of the hospital trust in which this person was
a patient recovering from major surgery and major anaesthesia in April
2011 in a South London hospital. As I understand it, the law is that if a
person is to be removed from hospital to another place it has to be done
legally if the person refuses to go voluntarily as was the case here.

Please give me the specific codes and regulations covering such an event.

What legal remedy does the family of the person taken out of a hospital
without Section 136 or any other legal order to remove the person from
hospital so that this person can be taken to a mental health trust and be
held captive until the requisite Section 2 is completed later in the
afternoon, but crucially not whilst in the hospital from which this person
was removed against their will?
   
I believe there must be transparency and a code of conduct regulating such
situations. To whom can one complain?

Is there any redress to the victim in such a situation? And if so from
whom?

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to:

* Uphold the original decision

REASON FOR DECISION

The original response to your request tried to explain that this is a
request regarding the hypothetical legality of a particular scenario. For
this reason your request was not perceived to be a valid request for
‘recorded’ or ‘held’ information (as defined under Section 8) under the
Act.  

Additionally it was stated that should the request be seen as valid
request, any information which may be held would be exempt by virtue of
Section 40(5) as the information you seek is personal information.

As your request seeks clarity regarding the legality of a particular
scenario (whether this situation you have referred to occurred or not),
instead of classing your request as ‘invalid’ under the Act, I instead
would suggest that you need to refer to information is already in the
public domain or seek guidance from the Citizens Advice Bureau for legal
assistance you might wish to obtain. It is not within the remit of a FOI
request or complaint to ascertain whether law has or has not been complied
with in connection with any scenario which may or may not have taken
place.

In respect of obtaining legal standing, under Section 21(Information
Accessible by other means), I therefore refer you to the links initially
provided to assist you:

http://www.legislation.gov.uk/ukpga/1983...

The code of practice to the MHA 1983 is on the DOH website:
http://www.dh.gov.uk/en/Healthcare/Menta...

You may also find the following link useful:
http://www.met.police.uk/foi/pdfs/polici...

On careful review of your request and taking particular account of your
complaint which clearly states your request was in reference to a personal
relative and personal scenario which may have taken place, the MPS is
required to neither confirm nor deny whether any information is held
regarding any such situation. In respect of your complaint seeking to know
whether the individuals you initially refer to was illegally treated, the
MPS is required to neither confirm nor deny whether any information is
held as per previous ‘neither confirm nor deny’ stances explained to you
in previous MPS decisions for requests and complaints.

I have now previously dealt with a number of your FOIA complaints for
personal information which may be held by the MPS. One example is
complaint number 2012020002013 which related to original case number
2012020001946. Within the complaint response I provided a detailed
rationale (located on the What do they know website) as to why the MPS is
unable to confirm or deny whether personal information is held by the MPS
under the Freedom of Information Act. The same ‘neither confirm nor deny’
principle and rational for that case applies in respect of this request
and complaint in respect of a given personal scenario. I would therefore
advise you refer back to that response for a detailed explanation as to
why Section 40(5) will be engaged in respect of your requests for personal
information which may be held by the MPS.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Yours sincerely

Ms. S Strong
FOIA Complaints Officer

Legal Annex

Section 17(1) (Refusal of a Request) of the Act provides:
(1)A public authority which, in relation to any request for information,
is to any extent relying on a claim that any provision of Part II relating
to the duty to confirm or deny is relevant to the request or on a claim
that information is exempt information must, within the time for complying
with section 1(1), give the applicant a notice which—
(a)states that fact,
(b)specifies the exemption in question, and
(c)states (if that would not otherwise be apparent) why the exemption
applies.

Section 40(5) (Personal Information) of the Act provides:
(5)The duty to confirm or deny—
(a)does not arise in relation to information which is (or if it were held
by the public authority would be) exempt information by virtue of
subsection (1), and
(b)does not arise in relation to other information if or to the extent
that either—
(i)the giving to a member of the public of the confirmation or denial that
would have to be given to comply with section 1(1)(a) would (apart from
this Act) contravene any of the data protection principles or section 10
of the Data Protection Act 1998 or would do so if the exemptions in
section 33A(1) of that Act were disregarded, or
(ii)by virtue of any provision of Part IV of the Data Protection Act 1998
the information is exempt from section 7(1)(a) of that Act (data subject’s
right to be informed whether personal data being processed).
Section 21(1)

Section 21(1)(Information reasonably accessible by other means) of the Act
provides:
(1)Information which is reasonably accessible to the applicant otherwise
than under section 1 is exempt information.
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk