Letters written by Officers of Northumbria Police on Arrest History and Criminal Convictions

Mr Jones made this Freedom of Information request to Northumbria Police

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Response to this request is long overdue. By law, under all circumstances, Northumbria Police should have responded by now (details). You can complain by requesting an internal review.

Dear Northumbria Police,

In September 2016, the Berwick Advertiser reported that Officer 7469 Inspector Elizabeth Hall had written to the Mayor of Berwick-upon-Tweed to state that a councillor "had never been arrested and has no criminal convictions". See: 

https://www.berwick-advertiser.co.uk/new...

In December 2016, Officer 7353 Superintendent Ammari, the now Head of Professional Services, described this as: "Inspector Hall made a limited release of information which was agreed with the subject and Northumbria Police Legal and Information Management Departments".  

Please may I request:
1. What is the process for requesting a letter from Northumbria Police to confirm to another party that you have never been arrested and have no criminal convictions?

2. What is the fee associated with the provision of a letter from Northumbria Police to confirm to another party that you have never been arrested and have no criminal convictions?

3. Please provide the policy outlining who may request such letters and how the request is to be made? - presumably this service is available to all, "without fear or favour"?

4. What is a "limited release of information which was agreed with the subject and Northumbria Police Legal and Information Management Departments"? Please provide a copy of the policy where this is defined.

5. What is the fee associated with a "limited release of information which was agreed with the subject and Northumbria Police Legal and Information Management Departments"?

6. Please provide the policy outlining who may request a "limited release of information which was agreed with the subject and Northumbria Police Legal and Information Management Departments" and how the request is made? - presumably this service is available to all, "without fear or favour"

7. Since 01 January 2015, by calendar year, how many such letters have been issued by Northumbria Police?

8. Since 01 January 2015, by calendar year, how many "limited release(s) of information which was agreed with the subject and Northumbria Police Legal and Information Management Departments" have been issued by Northumbria Police?

Yours faithfully,

Mr Jones

Freedom of Information Mailbox, Northumbria Police

Freedom of Information Act 2000 (FOIA)

 

Thank you for your email received recently in which you make a request for
information that Northumbria Police may hold in accordance with the
Freedom of Information Act 2000.

 

We are in the process of dealing with your request and a response should
be provided to you by 14 December 2020 which is in accordance with the
legislation.

 

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances delays may be
unavoidable.  We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

Yours sincerely

 

Information Management Unit

[1]www.northumbria.police.uk | [2]www.northumbria-pcc.gov.uk

'Northumbria Police will be outstanding in the service we provide'

'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'

 

 

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE The information
contained in this message and any attachment(s) is confidential and
intended only for the attention of the named organisation or individual to
whom it is addressed. The message may contain information that is covered
by legal, professional or other privilege. No mistake in transmission is
intended to waive or compromise any such privilege. This message has been
sent over public networks and the sender cannot be held responsible for
its integrity. If you are not the intended recipient be aware that any
disclosure, copying, distribution or action taken in reliance of the
information contained herein is strictly prohibited, and is contrary to
the provisions of the Copyright Designs and Patents Act, 1988 and of the
Data Protection Act, 2018. Any views expressed are those of the sender
and, unless specifically stated, do not necessarily represent the view of
Northumbria Police. We cannot accept any liability for any loss or damage
sustained as a result of software viruses. It is your responsibility to
carry out such virus checking as is necessary. If you have received this
message in error, please notify the sender by e-mail at once and delete
the message immediately. For more information about Northumbria Police
please visit our website - http://www.northumbria.police.uk

References

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2. file:///tmp/www.northumbria-pcc.gov.uk

Freedom of Information Mailbox, Northumbria Police

1 Attachment

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

 

Thank you for your email dated 15 November 2020 in which you made a
request for access to certain information which may be held by Northumbria
Police.

 

As you may be aware the purpose of the Act is to allow a general right of
access to information held at the time of a request, by a Public Authority
(including the Police), subject to certain limitations and exemptions.

 

You asked:

 

In September 2016, the Berwick Advertiser reported that Officer 7469
Inspector Elizabeth Hall had written to the Mayor of Berwick-upon-Tweed to
state that a councillor "had never been arrested and has no criminal
convictions". See:

 

[1]https://www.berwick-advertiser.co.uk/new...

 

In December 2016, Officer 7353 Superintendent Ammari, the now Head of
Professional Services, described this as: "Inspector Hall made a limited
release of information which was agreed with the subject and Northumbria
Police Legal and Information Management Departments".

 

Please may I request:

 

1.     What is the process for requesting a letter from Northumbria Police
to confirm to another party that you have never been arrested and have no
criminal convictions?

 

2.     What is the fee associated with the provision of a letter from
Northumbria Police to confirm to another party that you have never been
arrested and have no criminal convictions?

 

3.     Please provide the policy outlining who may request such letters
and how the request is to be made? - presumably this service is available
to all, "without fear or favour"?

 

4.     What is a "limited release of information which was agreed with the
subject and Northumbria Police Legal and Information Management
Departments"? Please provide a copy of the policy where this is defined.

 

5.     What is the fee associated with a "limited release of information
which was agreed with the subject and Northumbria Police Legal and
Information Management Departments"?

 

6.     Please provide the policy outlining who may request a "limited
release of information which was agreed with the subject and Northumbria
Police Legal and Information Management Departments" and how the request
is made? - presumably this service is available to all, "without fear or
favour"

 

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

 

As advised in previous correspondence (FOI 1395/16 refers) you were issued
with a Section 14 Warning Notice on this subject matter.

 

Therefore, as the above relate to the same subject area and your
subsequent recent requests 1710/20, 1801/20 and 1802/20 appear to form
part of a campaign/grievance you have against Northumbria Police we will
not be providing a response.  I have considered the guidance provided by
the Information Commissioner, have taken account of the subjects of the
request, the context in which requests have been submitted and the
background to your requests.

 

It is my view that this request is vexatious and I am refusing your
request under Section 14 (1) Freedom of Information Act 2000.

 

Section 14(1) of the Freedom of Information Act 2000 (the Act) states that
a public authority is not obliged to comply with a request if it is
considered vexatious.  There is no definition of ‘vexatious’ within the
Act but it is to be given its ordinary meaning.  The aim of this provision
is to reduce the burden of compliance with requests that are unreasonable
or aimed to cause annoyance, harassment or disruption and to prevent abuse
of the right to know.

 

 

Due to the different methods of recording information across 43 forces, a
specific response from one constabulary should not be seen as an
indication of what information could be supplied (within cost) by another.
Systems used for recording these figures are not generic, nor are the
procedures used locally in capturing the data. For this reason responses
between forces may differ, and should not be used for comparative
purposes.

 

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended) or such other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.

 

You may be interested to know that Northumbria Police routinely publish
information via the Disclosure Log. The aim of the Disclosure Log is to
promote openness and transparency by voluntarily placing information into
the public arena.

 

The Disclosure Log contains copies of some of the information that has
been disclosed by Northumbria Police in response to requests made under
the Freedom of Information Act 2000.

 

Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the wider
public interest.

 

The Disclosure Log will be updated once responses have been sent to the
requester.

 

I have provided the relevant link below.

 

[2]https://beta.northumbria.police.uk/about...

 

How to complain

 

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure, attached.

 

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

 

Yours sincerely

 

 

 

Michael Cleugh

Data Protection and Disclosure Advisor

 

[NOT PROTECTIVELY MARKED]

 

'Northumbria Police will be outstanding in the service we provide'

'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'

 

 

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE The information
contained in this message and any attachment(s) is confidential and
intended only for the attention of the named organisation or individual to
whom it is addressed. The message may contain information that is covered
by legal, professional or other privilege. No mistake in transmission is
intended to waive or compromise any such privilege. This message has been
sent over public networks and the sender cannot be held responsible for
its integrity. If you are not the intended recipient be aware that any
disclosure, copying, distribution or action taken in reliance of the
information contained herein is strictly prohibited, and is contrary to
the provisions of the Copyright Designs and Patents Act, 1988 and of the
Data Protection Act, 2018. Any views expressed are those of the sender
and, unless specifically stated, do not necessarily represent the view of
Northumbria Police. We cannot accept any liability for any loss or damage
sustained as a result of software viruses. It is your responsibility to
carry out such virus checking as is necessary. If you have received this
message in error, please notify the sender by e-mail at once and delete
the message immediately. For more information about Northumbria Police
please visit our website - http://www.northumbria.police.uk

References

Visible links
1. https://www.berwick-advertiser.co.uk/new...
2. https://beta.northumbria.police.uk/about...

Dear Northumbria Police,

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

I am writing to request an internal review of Northumbria Police's handling of my FOI request 'Letters written by Officers of Northumbria Police on Arrest History and Criminal Convictions'.

This FOI is not vexatious. I have provided context to the FOI and would expect a publicly funded body to be open and transparent in responding. Case Law suggests that vexatious should only be used as a response if the FOI is burdensome. If this FOI is burdensome, it suggests systemic failings within Northumbria Police, with either widespread use of such letters or no process or controls around such letters.

Rather than being vexatious, could it be that 5517 Cleugh is conflicted in handling this request? The conflict may be related to:
https://www.whatdotheyknow.com/request/r...
and
https://www.whatdotheyknow.com/request/h...

Please will Northumbria Police be open and transparent in responding to the FOI.

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

Yours faithfully,

Mr Jones

Freedom of Information Mailbox, Northumbria Police

Your request for an internal review is noted. A response will be sent to
you as soon as the internal review has been conducted.

 

Please use the reference number we provided above in any further
correspondence on this matter

 

Regards

 

FOI Team

 

[1]www.northumbria.police.uk

'Northumbria Police will be outstanding in the service we provide'

'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE The information
contained in this message and any attachment(s) is confidential and
intended only for the attention of the named organisation or individual to
whom it is addressed. The message may contain information that is covered
by legal, professional or other privilege. No mistake in transmission is
intended to waive or compromise any such privilege. This message has been
sent over public networks and the sender cannot be held responsible for
its integrity. If you are not the intended recipient be aware that any
disclosure, copying, distribution or action taken in reliance of the
information contained herein is strictly prohibited, and is contrary to
the provisions of the Copyright Designs and Patents Act, 1988 and of the
Data Protection Act, 2018. Any views expressed are those of the sender
and, unless specifically stated, do not necessarily represent the view of
Northumbria Police. We cannot accept any liability for any loss or damage
sustained as a result of software viruses. It is your responsibility to
carry out such virus checking as is necessary. If you have received this
message in error, please notify the sender by e-mail at once and delete
the message immediately. For more information about Northumbria Police
please visit our website - http://www.northumbria.police.uk

References

Visible links
1. file:///tmp/www.northumbria.police.uk

Freedom of Information Mailbox, Northumbria Police

Your request for an internal review is noted. A response will be sent to
you as soon as the internal review has been conducted.

 

Please use the reference number we provided above in any further
correspondence on this matter

 

Regards

 

FOI Team

 

[1]www.northumbria.police.uk

'Northumbria Police will be outstanding in the service we provide'

'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'

 

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE The information
contained in this message and any attachment(s) is confidential and
intended only for the attention of the named organisation or individual to
whom it is addressed. The message may contain information that is covered
by legal, professional or other privilege. No mistake in transmission is
intended to waive or compromise any such privilege. This message has been
sent over public networks and the sender cannot be held responsible for
its integrity. If you are not the intended recipient be aware that any
disclosure, copying, distribution or action taken in reliance of the
information contained herein is strictly prohibited, and is contrary to
the provisions of the Copyright Designs and Patents Act, 1988 and of the
Data Protection Act, 2018. Any views expressed are those of the sender
and, unless specifically stated, do not necessarily represent the view of
Northumbria Police. We cannot accept any liability for any loss or damage
sustained as a result of software viruses. It is your responsibility to
carry out such virus checking as is necessary. If you have received this
message in error, please notify the sender by e-mail at once and delete
the message immediately. For more information about Northumbria Police
please visit our website - http://www.northumbria.police.uk

References

Visible links
1. file:///tmp/www.northumbria.police.uk