Dear Lancashire Constabulary,

During the past 4 years I have been in an unfortunate position where I have had to make a number of complaints about Lancashire police officers.

If a police officer resigns from the police during a time when a complaint is open against them or involves them, what are the legal guidelines about them being held to account?

I understand the law was changed to stop officers leaving or to hold them to account after they leave. Please can you provide me with details about such policies including the dates of implementation.

Please can you also provide me with legal guidelines or policies including data protection policies for any police officer that leaves the force in any way, to retain ANY information relating to previous victims of crime or complainants during the time they were a serving police officer.

This includes victims names, addresses, contact details, details of references to past complaints, crimes or reference numbers.

Please can you tell me the process for reporting any ex police officer for holding any such information.

If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under your Section 16 obligations, as to how I can refine my request to be included in the scope of the Act. In any case, if you can identify ways that my request could be refined please provide further advice and assistance to indicate this.

I look forward to your response within 20 working days, as stipulated by the Act.

If you have any queries please don’t hesitate to contact me via email and I will be happy to clarify what I am asking for.

Yours faithfully,

Paul Ponting

Information assurance unit, Lancashire Constabulary

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as ‘the Act’. You should receive a
response within the statutory timescale of 20 working days as defined in
the Act (from when Lancashire Constabulary receive a valid request).

 

Please note that disclosure is subject to the information not being exempt
or containing a reference to a third party.

 

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.

 

Lancashire Constabulary is committed to ensuring that all services it
provides are accessible to everyone, including those with disabilities. If
you find the web-site or a document difficult to access please notify us
so that we can assist.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

 

Regards,

 

Compliance Team

Professional Standards Department

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413329

Email: [1][email address]

 

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References

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1. mailto:[email address]

Information assurance unit, Lancashire Constabulary

2 Attachments

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 3706/17

Please find attached Lancashire Constabulary’s response to your recent
request for information made under the Freedom of Information Act 2000.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

Compliance Team

HQ – Legal Services

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413203

Email: [email address]

 

show quoted sections

Dear Lancashire Constabulary,

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

I am writing to request an internal review of Lancashire Constabulary's handling of my FOI request 'Misconduct allegations after officers resign'.

This is a genuine request for information but has been branded vexatious for no reason other than to discriminate against me.

The information I require is relative to a complaint that is currently under investigation. This is a serious allegation against Lancashire police and I have the right to request this information and by law you must provide it. Please can yo do so as soon as possible.

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

Yours faithfully,

Paul Ponting

Information assurance unit, Lancashire Constabulary

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as ‘the Act’. You should receive a
response within the statutory timescale of 20 working days as defined in
the Act (from when Lancashire Constabulary receive a valid request).

 

Please note that disclosure is subject to the information not being exempt
or containing a reference to a third party.

 

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.

 

Lancashire Constabulary is committed to ensuring that all services it
provides are accessible to everyone, including those with disabilities. If
you find the web-site or a document difficult to access please notify us
so that we can assist.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

 

Regards,

 

Compliance Team

Professional Standards Department

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413329

Email: [1][email address]

 

show quoted sections

References

Visible links
1. mailto:[email address]

Melling, Carl, Lancashire Constabulary

Dear Mr Ponting

 

A response to your recent FOIA Internal review has been sent.   I
apologise for not having been able to respond before now.

 

Regards

 

Carl Melling LLM MBA ACIS

Information Assurance Manager

Lancashire Constabulary 

HQ Legal Services, Police Headquarters

Tel: 01772 413327 website:  [1]www.lancashire.police.uk  Email:
[2][email address]

 

References

Visible links
1. http://www.lancashire.police.uk/
http://www.lancashire.police.uk/
2. mailto:[email address]

Dear Melling, Carl,

Sent where? please can you post it here complying with DPA rules.

Yours sincerely,

Paul Ponting

Melling, Carl, Lancashire Constabulary

I will be out of office until  8 January. I will respond as soon as
possible upon my return. If the matter is urgent please forward your
enquiry to [email address].

show quoted sections

Dear Lancashire Constabulary,

I am guessing you are back now?

Yours faithfully,

Paul Ponting

Information assurance unit, Lancashire Constabulary

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as ‘the Act’. You should receive a
response within the statutory timescale of 20 working days as defined in
the Act (from when Lancashire Constabulary receive a valid request).

 

Please note that disclosure is subject to the information not being exempt
or containing a reference to a third party.

 

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.

 

Lancashire Constabulary is committed to ensuring that all services it
provides are accessible to everyone, including those with disabilities. If
you find the web-site or a document difficult to access please notify us
so that we can assist.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

 

Regards,

 

Compliance Team

Professional Standards Department

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413329

Email: [1][email address]

 

show quoted sections

References

Visible links
1. mailto:[email address]

Dear Information assurance unit,

I have still not had this review. Please can you send it without delay.

Yours sincerely,

Paul Ponting

Information assurance unit, Lancashire Constabulary

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as ‘the Act’. You should receive a
response within the statutory timescale of 20 working days as defined in
the Act (from when Lancashire Constabulary receive a valid request).

 

Please note that disclosure is subject to the information not being exempt
or containing a reference to a third party.

 

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.

 

Lancashire Constabulary is committed to ensuring that all services it
provides are accessible to everyone, including those with disabilities. If
you find the web-site or a document difficult to access please notify us
so that we can assist.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

 

Regards,

 

Compliance Team

Professional Standards Department

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413329

Email: [1][email address]

 

show quoted sections

References

Visible links
1. mailto:[email address]

Information assurance unit, Lancashire Constabulary

6 Attachments

Good Morning Mr Ponting,

 

Please see the attached email with documents with the below internal
review response included.

 

Regards

 

Data Protection Office

Lancashire Constabulary Headquarters

Email: [1][email address]

 

show quoted sections

carl robinson left an annotation ()

Paul,

Where you being vexing when they settled the lawsuit for assaulting you or is that not vexious now.

Dear Information assurance unit,

On the basis that Lancashire police have apologised for their misconduct, showing that I was not and never have been vexatious, only fighting for justice, I am asking this to be reviewed based on this new evidence.

I will stress that I am not vexatious, all I have even done is try to fight for my legal right to justice.

https://www.liverpoolecho.co.uk/news/liv...

Yours sincerely,

Paul Ponting

Information assurance unit, Lancashire Constabulary

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as ‘the Act’. You should receive a
response within the statutory timescale of 20 working days as defined in
the Act (from when Lancashire Constabulary receive a valid request).

 

Please note that disclosure is subject to the information not being exempt
or containing a reference to a third party.

 

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.

 

Lancashire Constabulary is committed to ensuring that all services it
provides are accessible to everyone, including those with disabilities. If
you find the web-site or a document difficult to access please notify us
so that we can assist.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

 

Regards,

 

Compliance Team

Professional Standards Department

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413329

Email: [1][email address]

 

show quoted sections

References

Visible links
1. mailto:[email address]

Dear Lancashire Constabulary,

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

I am writing to request an internal review of Lancashire Constabulary's handling of my FOI request 'Misconduct allegations after officers resign'.

I have successfully sued Lancashire constabulary. This now shows it 'more likely than not' that my repeated questions seeking answers and justice are not vexatious. Lancashire Chief Constable has apologies for the actions of Lancs police over the last 4 years of misery and now I am asking for the information again.

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

Yours faithfully,

Paul Ponting

Information assurance unit, Lancashire Constabulary

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as ‘the Act’. You should receive a
response within the statutory timescale of 20 working days as defined in
the Act (from when Lancashire Constabulary receive a valid request).

 

Please note that disclosure is subject to the information not being exempt
or containing a reference to a third party.

 

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.

 

Lancashire Constabulary is committed to ensuring that all services it
provides are accessible to everyone, including those with disabilities. If
you find the web-site or a document difficult to access please notify us
so that we can assist.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

 

Regards,

 

Compliance Team

Professional Standards Department

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413329

Email: [1][email address]

 

show quoted sections

References

Visible links
1. mailto:[email address]

Information assurance unit, Lancashire Constabulary

Dear Mr Ponting

With reference to your email correspondence below we have now had the opportunity to fully consider your request.

The Constabulary would not normally undertake a further internal review of a request which has previously been considered and which has been the subject of a Decision Notice by the Information Commissioner.

This is a repeated request and whilst the Constabulary is not required to issue a further refusal notice, it might be helpful to briefly highlight the reasons as to why this and the related requests were previously considered to be vexatious.

The Decision Notice issued by the Information Commissioner (FS50698890) acknowledged that, whilst potentially seen as a burden, your requests might have had a serious purpose; however, the publication of allegations against individuals together with adverse commentary was beyond what the Constabulary and its staff should have been expected to tolerate. It is for these reasons that the requests referred to within the Decision Notice were found to be vexatious.

The Constabulary does not believe that the relevance of these reasons has changed or been diminished by any subsequent events. This and the related requests, referred to within the ICO Decision Notice, are still considered to be vexatious.

The Constabulary will of course continue to consider any future FOIA request on its own merits.

Regards

Data Protection Office
Lancashire Constabulary Headquarters
Saunders Lane, Hutton
Preston PR4 5SB

Tel: 01772 413329
Website: www.lancashire.police.uk

show quoted sections

Dear Lancashire Constabulary,

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

I am writing to request an internal review of Lancashire Constabulary's handling of my FOI request 'Misconduct allegations after officers resign'.

I have asked for this information to assist with a investigation relating to an officer from Lancashire police who I have an misconduct allegation against after which the officer 'left the force'. The request is so I can find the correct rules and regulations about this officer to allow me to take the appropriate action.

It is pretty clear that you are refusing to respond to this FOI request to block me access to this information as you will be aware it will assist me in a current complaint.

I am not asking for this information in any way to abuse the system at all. it is a valid request for information pertinent to a complaint against the police and I am still adamant that you provide it under FOI rules.

If you would like me to elaborate a little more about the officer in question, what he has done, how he has come to leave the force during a misconduct allegation / investigation I will but under the circumstances this should be inappropriate for such an FOI request.

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

Yours faithfully,

Paul Ponting

Information assurance unit, Lancashire Constabulary

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as ‘the Act’. You should receive a
response within the statutory timescale of 20 working days as defined in
the Act (from when Lancashire Constabulary receive a valid request).

 

Please note that disclosure is subject to the information not being exempt
or containing a reference to a third party.

 

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.

 

Lancashire Constabulary is committed to ensuring that all services it
provides are accessible to everyone, including those with disabilities. If
you find the web-site or a document difficult to access please notify us
so that we can assist.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

 

Regards,

 

Compliance Team

Professional Standards Department

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413329

Email: [1][email address]

 

 

show quoted sections

References

Visible links
1. mailto:[email address]

FOI, Lancashire Constabulary

1 Attachment

  • Attachment

    Our Refs 4121 17 3649 18 Internal review of Freedom of Information request Misconduct allegations after officers resign.txt

    3K Download View as HTML

Dear Mr Ponting

Further to the below, we already have a record of your request for an internal review in respect of this matter (our ref: 3649/18) and have previously provided you with our response dated 08/11/18, a copy of which is attached for your information.

Regards

Data Protection Office
Lancashire Constabulary Headquarters
Saunders Lane, Hutton
Preston PR4 5SB

Tel: 01772 413329
Website: www.lancashire.police.uk

show quoted sections

Dear Lancashire Constabulary,

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

I am writing to request an internal review of Lancashire Constabulary's handling of my FOI request 'Misconduct allegations after officers resign'.

I am asking for a review based on the following reasons:

[The Decision Notice issued by the Information Commissioner (FS50698890) acknowledged that, whilst potentially seen as a burden, your requests might have had a serious purpose. ]

The ICO agree that my request may have serious purpose. This is correct.

I am trying to establish facts about the force policies which relate to an ex-police officer Inspector C-----e C-x. You are aware that there are open complaints I have against this officer as he was deeply involved in incidents and allegations were made of a serious nature while he was a serving officer and has since subsequently left the force.

To assist me in what is evidence gathering to support a potential civil claim, I have utilised this official framework for gaining information under the freedom of information and have been refused on a weak basis. This is public information and your view that the response 'may be published by me' is ridiculous as the basis of the FOI is that the information is published by YOU.

My question remains as per this FOI request, I emphasis that this is a genuine use of the FOI and can also forms part of the pre-action protocol prior to a claim.

You failure to response is a sign that the information I am requesting would support my claim and your withholding of the information would also be a sign that you are protecting a officer and the force from correct legal process.

I also remind you that my request is force wide and relates to any and all officers yet is required for the reasons set out above.

If this information is not provided, I will again ask the ICO for advice and will also be forced to raise this as a complaint against police for perverting the course of justice as the refusal to provide the information is to prevent a correct & legal process potentially being initiated.

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

Yours faithfully,

Paul Ponting

Information assurance unit, Lancashire Constabulary

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as ‘the Act’. You should receive a
response within the statutory timescale of 20 working days as defined in
the Act (from when Lancashire Constabulary receive a valid request).

 

Please note that disclosure is subject to the information not being exempt
or containing a reference to a third party.

 

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.

 

Lancashire Constabulary is committed to ensuring that all services it
provides are accessible to everyone, including those with disabilities. If
you find the web-site or a document difficult to access please notify us
so that we can assist.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

 

Regards,

 

Compliance Team

Professional Standards Department

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413329

Email: [1][email address]

 

 

show quoted sections

References

Visible links
1. mailto:[email address]

Dear Information assurance unit,

To add to my previous request for a review.

Since the previous review, there have been significant changes in circumstances that I believe awards me the right the a fresh review and the release of this information.

Police settled out of court for a substantial fee, this relates to the incidents in which relate to this FOI request. This settle out of court is seen as an admission of guilt and in fact cost the tax payer around £135,000. Although police say they made no admissions, the court would have found fault in the police and this is why police settled out of court.

Although I do not have to specify my reasons for an FOI request, the reason I want this information relates to the above now settled case. I have identified why I need this information to assist you in providing it and to show it is a genuine request for the information.

While you also refer to 'publications'. If any publications have been made that are of a criminal nature then obviously this should be dealt with under the criminal justice system. If on the other hand publications have been made under the right to freedom of speech, then failing to provide information simply because you do not want it in the public is an abuse of the FOI system.

Please can you therefore specify exactly what publications you are referring to that will support your refusal to provide this valid FOI request?

Yours sincerely,

Paul Ponting

Information assurance unit, Lancashire Constabulary

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as ‘the Act’. You should receive a
response within the statutory timescale of 20 working days as defined in
the Act (from when Lancashire Constabulary receive a valid request).

 

Please note that disclosure is subject to the information not being exempt
or containing a reference to a third party.

 

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.

 

Lancashire Constabulary is committed to ensuring that all services it
provides are accessible to everyone, including those with disabilities. If
you find the web-site or a document difficult to access please notify us
so that we can assist.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

 

Regards,

 

Compliance Team

Professional Standards Department

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413329

Email: [1][email address]

 

 

show quoted sections

References

Visible links
1. mailto:[email address]

FOI, Lancashire Constabulary

Dear Mr Ponting

The content of your email has been considered and we have nothing further to add to our previous response.

Obviously you are entitled to approach the ICO for advice in relation to this matter.

Regards

Data Protection Office
Lancashire Constabulary Headquarters
Saunders Lane, Hutton
Preston PR4 5SB

Tel: 01772 413329
Website: www.lancashire.police.uk

show quoted sections

Dear FOI,

It is evident that you are refusing to provide this public information as you are aware Inspector Cox has acted inappropriately and that my request for information pertaining so such is being blocked. This is not acceptable and a complaint will be forthcoming relating to this.

I will also be contacting the ICO for their advice and would be interested if you block any 3rd party asking you for the same information?

Yours sincerely,

Paul Ponting

FOI, Lancashire Constabulary

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as ‘the Act’. You should receive a
response within the statutory timescale of 20 working days as defined in
the Act (from when Lancashire Constabulary receive a valid request).

 

Please note that disclosure is subject to the information not being exempt
or containing a reference to a third party.

 

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.

 

Lancashire Constabulary is committed to ensuring that all services it
provides are accessible to everyone, including those with disabilities. If
you find the web-site or a document difficult to access please notify us
so that we can assist.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

 

Regards,

 

Compliance Team

Professional Standards Department

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413329

Email: [1][email address]

 

show quoted sections

 

References

Visible links
1. mailto:[email address]

Dear FOI,

I have reported this refusal to provide information to the ICO.

Yours sincerely,

Paul Ponting

FOI, Lancashire Constabulary

If you are emailing a valid Freedom of Information request please treat
this as a formal acknowledgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as ‘the Act’. You should receive a
response within the statutory timescale of 20 working days as defined in
the Act (from when Lancashire Constabulary receive a valid request).

 

Please note that disclosure is subject to the information not being exempt
or containing a reference to a third party.

 

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.

 

Lancashire Constabulary is committed to ensuring that all services it
provides are accessible to everyone, including those with disabilities. If
you find the web-site or a document difficult to access please notify us
so that we can assist.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

 

Regards,

 

Compliance Team

Professional Standards Department

Information Compliance and Disclosure Section

Lancashire Constabulary Headquarters

 

Tel: 01772 413329

Email: [1][email address]

 

show quoted sections

 

References

Visible links
1. mailto:[email address]

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