Jack Barnes (decd.)

Response to this request is delayed. By law, Transport for Greater Manchester should normally have responded promptly and by (details)

Edward Williams

Dear Transport for Greater Manchester,

Disclose all audio/video data of Jack Barnes on the day he died, this includes but is not limited to the 'bodycam' video of Rowlands.

Disclose all disciplinary action taken in regard to the killing of the victim, Mr Barnes.

Disclose the amount paid by you for damages and costs.

Yours faithfully,

Edward Williams

FOI, Transport for Greater Manchester

FOIA Ref:                2021/0033

 

Dear Edward

 

REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT
2000/ENVIRONMENTAL INFORMATION REGULATIONS 2004

 

We acknowledge with thanks your request for information held by TfGM which
was received at this office on 06/04/2021.

 

Information requested as set out below:

 

Disclose all audio/video data of Jack Barnes on the day he died, this
includes but is not limited to the 'bodycam' video of Rowlands.

 

Disclose all disciplinary action taken in regard to the killing of the
victim, Mr Barnes.

 

Disclose the amount paid by you for damages and costs.

 

 

We write to advise you that your request is being dealt with and
considered under either the terms of the Freedom of Information Act 2000
(“FOIA”), or the Environmental Information Regulations 2004 (“EIRs”)
(whichever is deemed most relevant to your request).  We will endeavour to
respond to you within 20 working days (counting the first working day
after the request is received as the first day).

 

Please note that the FOIA and EIRs cover all recorded information held by
a public authority, and does not require that authority to create new
information for the purposes of responding to your request.  In some
circumstances there may be a charge applicable, if this is the case, we
will advise you on this in due course.

 

We are currently focussing our efforts toward the protection and
safeguarding of our staff, customers and the public, during the COVID-19
outbreak.  As a result there is a large volume of business critical work
ongoing, including the possibility of staff in non-critical roles being
reallocated to operational roles.  Therefore the business area may not be
able to provide full information for the completion of the response. 
Please be advised therefore that it may take longer than usual to respond
to you.  We will endeavour to keep you updated on progress.

 

I trust, during this difficult time, you will understand this position.

 

Please quote the reference number above in any future communications.

 

Nicola Tetley

Paralegal

Transport for Greater Manchester

 

2 Piccadilly Place, Manchester M1 3BG

 

[1]www.tfgm.com

 

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This email and any files transmitted with it are intended solely for the
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dissemination or other use of, or taking of any action in reliance upon
this information by individuals or entities other than the intended
recipient is prohibited. If you are not the intended recipient please
notify the sender immediately and delete the email and any attachments. As
a public body, Transport for Greater Manchester may be required to
disclose this email or any response to it under the Freedom of Information
Act 2000, unless the information in it is covered by one of the exemptions
in the Act.
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FOI, Transport for Greater Manchester

Dear Edward

Please can you clarify what you mean by costs? Also Mr Barnes died in hospital some time after the incident. Could you clarify whether you mean footage of the day of the incident or the day that he died.

Kind regards

Nicola

Nicola Tetley
Paralegal
Transport for Greater Manchester

2 Piccadilly Place, Manchester M1 3BG

www.tfgm.com

Please don't print this email unless you really need to.

Please note that I am working remotely in the Covid19 crisis.  Therefore please do not send me any correspondence through the post unless that is the only form of communication that is open to you.  Please email if possible.

show quoted sections

Dear FOI,

I would like to vary the request to cover 11 October, 2016, the day he was attacked by Customer Service Representatives. There is bodycam footage.

Costs means legal costs - normally this would be fees from a law firm etc.

Yours sincerely,

Edward Williams

Edward Williams

Dear FOI,

now overdue a response

Yours sincerely,

Edward Williams

FOI, Transport for Greater Manchester

1 Attachment

Dear Edward

 

Apologies for the delay. Please find attached response to your FOI
request.

 

Kind regards

 

Nicola

 

Nicola Tetley

Paralegal

Transport for Greater Manchester

 

2 Piccadilly Place, Manchester M1 3BG

 

[1]www.tfgm.com

 

Please don't print this email unless you really need to.

 

Please note that I am working remotely in the Covid19 crisis.  Therefore
please do not send me any correspondence through the post unless that is
the only form of communication that is open to you.  Please email if
possible.

 

This email and any files transmitted with it are intended solely for the
use of the individual or entity to whom they are addressed and may contain
confidential and/or privileged information. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by individuals or entities other than the intended
recipient is prohibited. If you are not the intended recipient please
notify the sender immediately and delete the email and any attachments. As
a public body, Transport for Greater Manchester may be required to
disclose this email or any response to it under the Freedom of Information
Act 2000, unless the information in it is covered by one of the exemptions
in the Act.
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Edward Williams

Dear Transport for Greater Manchester,

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

I am writing to request an internal review of Transport for Greater Manchester's handling of my FOI request 'Jack Barnes (decd.)'.

(1)Information held by a public authority is exempt information if it is held only by virtue of being contained in—
(a)any document filed with, or otherwise placed in the custody of, a court for the purposes of proceedings in a particular cause or matter,
(b)any document served upon, or by, a public authority for the purposes of proceedings in a particular cause or matter, or
(c)any document created by—
(i)a court, or
(ii)a member of the administrative staff of a court,for the purposes of proceedings in a particular cause or matter.
https://www.legislation.gov.uk/ukpga/200...

You dont hold the video ONLY by virtue of it being filed with a court.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/j...

Yours faithfully,

Edward Williams

FOI, Transport for Greater Manchester

Dear Edward

 

We are sorry to learn you are dissatisfied with the response issued by
TfGM in relation to your Freedom of Information Act 2000 (“FOIA”) request,
therefore, we acknowledge your request for an internal review. 

 

Please be advised this will be undertaken by a senior colleague,
independent of the original decision made.  They will contact the relevant
internal officers who provided the information contained in the response
and we will write to you again when that officer has had an opportunity to
review the decisions previously made.

 

Please note there are no statutory time limits under FOIA for the internal
review process, but the Commissioner considers that a reasonable time for
completing an internal review is 20 working days from the date of request
for review.

 

Nicola

 

Nicola Tetley

Paralegal

Transport for Greater Manchester

 

2 Piccadilly Place, Manchester M1 3BG

 

[1]www.tfgm.com

 

Please don't print this email unless you really need to.

 

Please note that I am working remotely in the Covid19 crisis.  Therefore
please do not send me any correspondence through the post unless that is
the only form of communication that is open to you.  Please email if
possible.

 

This email and any files transmitted with it are intended solely for the
use of the individual or entity to whom they are addressed and may contain
confidential and/or privileged information. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by individuals or entities other than the intended
recipient is prohibited. If you are not the intended recipient please
notify the sender immediately and delete the email and any attachments. As
a public body, Transport for Greater Manchester may be required to
disclose this email or any response to it under the Freedom of Information
Act 2000, unless the information in it is covered by one of the exemptions
in the Act.
This email has been scanned for all viruses and passed through Content
Control by the iCritical Email Security System.

References

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FOI, Transport for Greater Manchester

Dear Edward

 

Further to my email below. I wanted to write to assure you that we are
working on your internal review and hope to be able to send you a response
by the end of June at the latest.

 

Kind regards

 

Nicola

 

Nicola Tetley

Paralegal

Transport for Greater Manchester

 

2 Piccadilly Place, Manchester M1 3BG

 

[1]www.tfgm.com

 

Please don't print this email unless you really need to.

 

Please note that I am working remotely in the Covid19 crisis.  Therefore
please do not send me any correspondence through the post unless that is
the only form of communication that is open to you.  Please email if
possible.

 

From: FOI
Sent: 13 May 2021 14:25
To: Edward Williams <[FOI #743459 email]>
Subject: FOIA Request for Internal Review: 2021/0033

 

Dear Edward

 

We are sorry to learn you are dissatisfied with the response issued by
TfGM in relation to your Freedom of Information Act 2000 (“FOIA”) request,
therefore, we acknowledge your request for an internal review. 

 

Please be advised this will be undertaken by a senior colleague,
independent of the original decision made.  They will contact the relevant
internal officers who provided the information contained in the response
and we will write to you again when that officer has had an opportunity to
review the decisions previously made.

 

Please note there are no statutory time limits under FOIA for the internal
review process, but the Commissioner considers that a reasonable time for
completing an internal review is 20 working days from the date of request
for review.

 

Nicola

 

Nicola Tetley

Paralegal

Transport for Greater Manchester

 

2 Piccadilly Place, Manchester M1 3BG

 

[2]www.tfgm.com

 

Please don't print this email unless you really need to.

 

Please note that I am working remotely in the Covid19 crisis.  Therefore
please do not send me any correspondence through the post unless that is
the only form of communication that is open to you.  Please email if
possible.

 

This email and any files transmitted with it are intended solely for the
use of the individual or entity to whom they are addressed and may contain
confidential and/or privileged information. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by individuals or entities other than the intended
recipient is prohibited. If you are not the intended recipient please
notify the sender immediately and delete the email and any attachments. As
a public body, Transport for Greater Manchester may be required to
disclose this email or any response to it under the Freedom of Information
Act 2000, unless the information in it is covered by one of the exemptions
in the Act.
This email has been scanned for all viruses and passed through Content
Control by the iCritical Email Security System.

References

Visible links
1. http://www.tfgm.com/
2. http://www.tfgm.com/

Edward Williams

Dear FOI,

the ICO says the time for an internal review is 20 working days. You need to explain why you need more time.

I have explained to you that the exemption does not apply because you held the information before any legal proceedings started.
Personal data cannot apply because the data subject is deceased.

If the video has been played in court than none of the exemption can apply.

Some, maybe all of the video is online
https://www.manchestereveningnews.co.uk/...

Yours sincerely,

Edward Williams