MPS and/or DPS Operational or Operations Guidance for Complaints against Police

Roger John 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 partially successful.

Dear Metropolitan Police Service (MPS)

Please provide me with the current or latest Operations Manual or Operational Guidance for Complaints against Police or its equivalent or similar.

By way of example, I provide the following link to the IPCC versions of the sort of document(s) I am requesting and looking for in response with regard to the Metropolitan Police Service and its Directorate of Professional Standards: https://www.ipcc.gov.uk/page/operations-...

Method of Communication

I wish the requested information to be communicated to me by
emailing the electronic documents to me as email attachments on or
via the WhatDoTheyKnow website. In addition, the information,
including all metadata in relation to each electronic document file
is to be supplied intact in the original or the version closest to
the original document.

Section 10(1)FOIA

I am prepared to receive and would prefer the requested information
to be communicated to me piecemeal if it is not all immediately
available. This means that, in accordance with section 10 (1) FOIA,
items that are readily accessible, such as identified in requests 1
and 2 above, should be communicated at once with the remainder to
follow as and when it becomes available. This is without prejudice
to your concurrent obligation to communicate a response in any
event before the statutory time limit of 20 working days.

Yours faithfully

Roger John

Metropolitan Police Service (MPS)

Dear Mr. John

Freedom of Information Request Reference No: 2014090001877

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 24/09/2014.  I note you seek
access to the following information:

"Please provide me with the current or latest Operations Manual or
Operational Guidance for Complaints against Police or its equivalent or
similar.

By way of example, I provide the following link to the IPCC versions of
the sort of document(s) I am requesting and looking for in response with
regard to the Metropolitan Police Service and its Directorate of
Professional Standards: https://www.ipcc.gov.uk/page/operations-...

Method of Communication

I wish the requested information to be communicated to me by emailing the
electronic documents to me as email attachments on or
via the WhatDoTheyKnow website. In addition, the information, including
all metadata in relation to each electronic document file
is to be supplied intact in the original or the version closest to the
original document.

Section 10(1)FOIA

I am prepared to receive and would prefer the requested information to be
communicated to me piecemeal if it is not all immediately available. This
means that, in accordance with section 10 (1) FOIA, items that are readily
accessible, such as identified in requests 1 and 2 above, should be
communicated at once with the remainder to follow as and when it becomes
available. This is without prejudice to your concurrent obligation to
communicate a response in any event before the statutory time limit of 20
working days."

Your request will now be allocated to the relevant unit within the MPS and
will be processed in accordance with the Freedom of Information Act 2000
(the Act).  

You will receive your response directly from the relevant unit within the
statutory timescale of 20 working days as defined by the Act.  

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.

COMPLAINT RIGHTS

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

If you have any further enquiries concerning this matter, please contact
us at [email address] or on the phone at 0207 161 3500, quoting the
reference number above.  Should your enquiry relate to the logging or
allocations process we will be able to assist you directly and where your
enquiry relates to other matters (such as the status of the request) we
will be able to pass on a message and/or advise you of the relevant
contact details.

Yours sincerely

R. Loizou
Support Officer - Freedom of Information Triage Team

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 to discuss the
response with the case officer who dealt with your request.  

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)

4 Attachments

Dear Mr John,

 

Freedom of Information Request Reference No:  2014090001877

 

I write in response to your request for information that was received by
the Metropolitan Police Service (MPS) on 24 September 2014. I note that
you seek access to the following information:

 

"Please provide me with the current or latest Operations Manual or
Operational Guidance for Complaints against Police or its equivalent or
similar.

 

By way of example, I provide the following link to the IPCC versions of
the sort of document(s) I am requesting and looking for in response with
regard to the Metropolitan Police Service and its Directorate of
Professional Standards: https://www.ipcc.gov.uk/page/operations-...

 

Method of Communication

 

I wish the requested information to be communicated to me by emailing the
electronic documents to me as email attachments on or via the
WhatDoTheyKnow website. In addition, the information, including all
metadata in relation to each electronic document file is to be supplied
intact in the original or the version closest to the original document.

 

Section 10 (1) FOIA

 

I am prepared to receive and would prefer the requested information to be
communicated to me piecemeal if it is not all immediately

available. This means that, in accordance with section 10 (1) FOIA, items
that are readily accessible, such as identified in requests 1

and 2 above, should be communicated at once with the remainder to follow
as and when it becomes available. This is without prejudice

to your concurrent obligation to communicate a response in any event
before the statutory time limit of 20 working days"

When a request for information is made under the Freedom of Information
Act 2000 (the Act), a public authority must inform you, when permitted,
whether the information requested is held. It must then communicate that
information to you. If a public authority decides that it cannot comply
with all or part of a request, it must cite the appropriate section or
exemption of the Act and provide you with an explanation. It is important
to note that the Act is designed to place information into the public
domain, that is, once access to information is granted to one person under
the Act, it is then considered public information and must be communicated
to any individual should a request be received. Any information released
under the Act is also published upon the MPS website.

Following receipt of your request, I have conducted searches to locate
information relevant to your request. I can confirm that the requested
information is held by the MPS.

DECISION

The located information has been disclosed to you. I have disclosed the
following documents:

1. The MPS Misconduct Investigation Guide 2012

2. A Guide to the Management of Local Misconduct Proceedings and Public
Complaints

3. Minimum Standards for Dealing with Public Complaints

4. Presentation: A Simple Guide to Assist when Dealing with a Public
Complaint

5. Presentation: Local Resolution - New Rules

Please note that some documents have been disclosed to you in redacted
format, that is, I have removed the names and contact details of junior
members of staff present within the documents. The formal Refusal Notice
for the information redacted, including the relevant sections of the Act,
is given in the section entitled 'Legal Annex' below.

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 Damion Baird on telephone number 0207 161 6510 quoting the
reference number above.

Yours sincerely

Damion Baird

LEGAL ANNEX

Exemptions Claimed under the Freedom of Information Act 2000

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 40(2)(a)(b) and Section 40(3)(a)(i) of the Act provides:

(1) Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
data subject.

 

(2) Any information to which a request for information relates is also
exempt information if-

(a) it constitutes personal data which do not fall within subsection (1),
and

(b) either the first or the second condition below is satisfied.

 

(3) The first condition is-

(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene-

(i) any of the data protection principles

 

Explanation of Exemption Claimed under the Freedom of Information Act 2000

Section 40 (2) & (3) - Personal Information: Absolute Exemption/Class
Based

Section 40(2)(a)(b) of the Act provides that any information to which a
request for information relates, is exempt information if the first
condition of Section 40(3)(a)(i) is satisfied. The first condition of
Section 40(3)(a)(i) states that information is exempt if its disclosure
would contravene any of the data protection principles.

The eight principles of the Data Protection Act 1998 (DPA) govern the way
in which data controllers must manage personal information. Principle one
of the DPA provides that personal data must be processed fairly and
lawfully. In view of this requirement, I have removed the names of members
of staff and their contact details from the requested documents. I have
removed this information as it would allow members of staff to be
identified and contacted. I consider that release of this information
would be unfair and constitute unfair processing of personal data under
principle one of the DPA, as the members of staff present within these
documents do not perform public facing roles and would not reasonably
expect their details to be released. In reaching my decision, I have given
due regard to Condition one and six of Schedule 2 of the DPA. Condition
one of the DPA requires that consideration is given to whether consent for
disclosure has been given whilst Condition six requires that consideration
is given to whether disclosure would constitute legitimate processing of
that data. I have found that as no prior consent has been given to release
this information and in the case of legitimate processing, the release of
this personal data would be unexpected and subsequently unfair, that it is
appropriate not to release this information. I also consider that the
information redacted is not central to the records requested and does not
detract from them.

The provision to refuse access to information under Section 40(2)(a)(b)
and (3)(a)(i) of the Act is both absolute and class based. When this
exemption is claimed, it is accepted that harm would result from
disclosure. There is accordingly no requirement to demonstrate what that
harm may be in refusing access to 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
contact 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

 

 

 

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)

1 Attachment

Dear Mr John,

 

Freedom of Information Request Reference No:  2014090001877

 

I write in response to your request for information that was received by
the Metropolitan Police Service (MPS) on 24 September 2014. I note that
you seek access to the following information:

 

"Please provide me with the current or latest Operations Manual or
Operational Guidance for Complaints against Police or its equivalent or
similar.

 

By way of example, I provide the following link to the IPCC versions of
the sort of document(s) I am requesting and looking for in response with
regard to the Metropolitan Police Service and its Directorate of
Professional Standards: https://www.ipcc.gov.uk/page/operations-...

 

Method of Communication

 

I wish the requested information to be communicated to me by emailing the
electronic documents to me as email attachments on or via the
WhatDoTheyKnow website. In addition, the information, including all
metadata in relation to each electronic document file is to be supplied
intact in the original or the version closest to the original document.

 

Section 10 (1) FOIA

 

I am prepared to receive and would prefer the requested information to be
communicated to me piecemeal if it is not all immediately

available. This means that, in accordance with section 10 (1) FOIA, items
that are readily accessible, such as identified in requests 1

and 2 above, should be communicated at once with the remainder to follow
as and when it becomes available. This is without prejudice

to your concurrent obligation to communicate a response in any event
before the statutory time limit of 20 working days"

When a request for information is made under the Freedom of Information
Act 2000 (the Act), a public authority must inform you, when permitted,
whether the information requested is held. It must then communicate that
information to you. If a public authority decides that it cannot comply
with all or part of a request, it must cite the appropriate section or
exemption of the Act and provide you with an explanation. It is important
to note that the Act is designed to place information into the public
domain, that is, once access to information is granted to one person under
the Act, it is then considered public information and must be communicated
to any individual should a request be received. Any information released
under the Act is also published upon the MPS website.

Following receipt of your request, I have conducted searches to locate
information relevant to your request. I can confirm that the requested
information is held by the MPS.

DECISION

The located information has been disclosed to you. I have disclosed the
following documents:

1. The MPS Misconduct Investigation Guide 2012

2. A Guide to the Management of Local Misconduct Proceedings and Public
Complaints

3. Minimum Standards for Dealing with Public Complaints

4. Presentation: A Simple Guide to Assist when Dealing with a Public
Complaint

5. Presentation: Local Resolution - New Rules

Please note that some documents have been disclosed to you in redacted
format, that is, I have removed the names and contact details of junior
members of staff present within the documents. The formal Refusal Notice
for the information redacted, including the relevant sections of the Act,
is given in the section entitled 'Legal Annex' below.

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 Damion Baird on telephone number 0207 161 6510 quoting the
reference number above.

Yours sincerely

Damion Baird

 

LEGAL ANNEX

Exemptions Claimed under the Freedom of Information Act 2000

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 40(2)(a)(b) and Section 40(3)(a)(i) of the Act provides:

(1) Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
data subject.

 

(2) Any information to which a request for information relates is also
exempt information if-

(a) it constitutes personal data which do not fall within subsection (1),
and

(b) either the first or the second condition below is satisfied.

 

(3) The first condition is-

(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene-

(i) any of the data protection principles

 

Explanation of Exemption Claimed under the Freedom of Information Act 2000

Section 40 (2) & (3) - Personal Information: Absolute Exemption/Class
Based

Section 40(2)(a)(b) of the Act provides that any information to which a
request for information relates, is exempt information if the first
condition of Section 40(3)(a)(i) is satisfied. The first condition of
Section 40(3)(a)(i) states that information is exempt if its disclosure
would contravene any of the data protection principles.

The eight principles of the Data Protection Act 1998 (DPA) govern the way
in which data controllers must manage personal information. Principle one
of the DPA provides that personal data must be processed fairly and
lawfully. In view of this requirement, I have removed the names of members
of staff and their contact details from the requested documents. I have
removed this information as it would allow members of staff to be
identified and contacted. I consider that release of this information
would be unfair and constitute unfair processing of personal data under
principle one of the DPA, as the members of staff present within these
documents do not perform public facing roles and would not reasonably
expect their details to be released. In reaching my decision, I have given
due regard to Condition one and six of Schedule 2 of the DPA. Condition
one of the DPA requires that consideration is given to whether consent for
disclosure has been given whilst Condition six requires that consideration
is given to whether disclosure would constitute legitimate processing of
that data. I have found that as no prior consent has been given to release
this information and in the case of legitimate processing, the release of
this personal data would be unexpected and subsequently unfair, that it is
appropriate not to release this information. I also consider that the
information redacted is not central to the records requested and does not
detract from them.

The provision to refuse access to information under Section 40(2)(a)(b)
and (3)(a)(i) of the Act is both absolute and class based. When this
exemption is claimed, it is accepted that harm would result from
disclosure. There is accordingly no requirement to demonstrate what that
harm may be in refusing access to 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
contact 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

 

 

 

 

 

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