MPS review of the policing of the 2011 UFFC march

Waiting for an internal review by Metropolitan Police Service (MPS) of their handling of this request.

Dear Metropolitan Police Service (MPS),

At the 2011-11-24 MPA full authority meeting, Commissioner Bernard Hogan Howe promised to produce a report of the policing of the United Families and Friends Campaign (UFFC) march which happened on 2011-10-29.

This was minuted as follows: 'Resolved – That the question be received and the MPS report to the Januarys Authority meeting on its review of the policing of the UFFC march.'

On 2012-02-24 in response to the Freedom of Information Request Reference No: 2012010003990 (http://www.whatdotheyknow.com/request/mp...) you wrote that the investigation was still ongoing then.

Can you please provide the following related information on record:

1) If the investigation has by now been completed,
1a) When was the investigation report completed by?
1b) When was the report delivered to the UFFC?
1c) When was the report delivered to the MPA or its successor (MOPC or MOPAC)?
1d) Any other organisation it has been delivered to?

2) If the investigation has not yet been completed,
2a) When do you expect the investigation report to be completed by?

3) In the response to the previously mentioned earlier FOI request you wrote that 'the outcome report will be shared diretly with the complainants' (the complainants that are publicly known are the UFFC and some London residents represented by their MPA members), implying that it would not be made public. However, if the report has been or will be made public, where can it be found?

Yours faithfully,

David Mery

Metropolitan Police Service (MPS)

Dear Mr Mery

Freedom of Information Request Reference No: 2012080002429
I write in connection with your request for information  which was
received by the Metropolitan Police Service (MPS) on 18/08/2012.  I note
you seek access to the following information:

"Dear Metropolitan Police Service (MPS),  

 At the 2011-11-24 MPA full authority meeting, Commissioner Bernard Hogan
Howe promised to produce a report of the policing of the United Families
and Friends Campaign (UFFC) march which happened on  2011-10-29.        
This was minuted as follows: 'Resolved – That the question be     received
and the MPS report to the Januarys Authority meeting on     its review of
the policing of the UFFC march.'         On 2012-02-24 in response to the
Freedom of Information Request     Reference No: 2012010003990    
(http://www.whatdotheyknow.com/request/mp...)  
  you wrote that the investigation was still ongoing then.  

 Can you please provide the following related information on record:      
  1) If the investigation has by now been completed,     1a) When was the
investigation report completed by?     1b) When was the report delivered
to the UFFC?     1c) When was the report delivered to the MPA or its
successor (MOPC     or MOPAC)?     1d) Any other organisation it has been
delivered to?         2) If the investigation has not yet been completed,
    2a) When do you expect the investigation report to be completed by?  
      3) In the response to the previously mentioned earlier FOI request
you wrote that 'the outcome report will be shared diretly with the    
complainants' (the complainants that are publicly known are the UFFC and
some London residents represented by their MPA members),     implying that
it would not be made public. However, if the report   has been or will be
made public, where can it be found? "    

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 write
or contact Peter Deja on telephone number 02071613640 quoting the
reference number above.

Yours sincerely

Peter Deja
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).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Mr Mery

Freedom of Information Request Reference No: 2012080002429
I write in connection with your request for information that was received
by the Metropolitan Police Service (MPS) on 18 August 2012. I note that
you seek access to the following information:

"At the 2011-11-24 MPA full authority meeting, Commissioner Bernard Hogan
Howe promised to produce a report of the policing of the United Families
and Friends Campaign (UFFC) march which happened on 2011-10-29.
     
This was minuted as follows: 'Resolved – That the question be received and
the MPS report to the Januarys Authority meeting on its review of the
policing of the UFFC march.'

On 2012-02-24 in response to the Freedom of Information Request Reference
No: 2012010003990
(http://www.whatdotheyknow.com/request/mp...)
you wrote that the investigation was still ongoing then. Can you please
provide the following related information on record:
     
1) If the investigation has by now been completed,
1a) When was the investigation report completed by?
1b) When was the report delivered to the UFFC?
1c) When was the report delivered to the MPA or its successor (MOPC or
MOPAC)?
1d) Any other organisation it has been delivered to?
     
2) If the investigation has not yet been completed,
2a) When do you expect the investigation report to be completed by?
     
3) In the response to the previously mentioned earlier FOI request you
wrote that 'the outcome report will be shared directly with the
complainants' (the complainants that are publicly known are the UFFC and
some London residents represented by their MPA members), implying that it
would not be made public. However, if the report has been or will be made
public, where can it be found?"

I apologise for the delay in responding to your request and any
inconvenience caused. I am currently completing my response to your
request and should be in a position to respond to you within 10 working
days.

I would like to thank you for your patience in awaiting my response.

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
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 Mr Mery,

Freedom of Information Request Reference No:  2012080002429

I write in response to your request for information that was received by
the Metropolitan Police Service (MPS) on 18 August 2012. I apologise for
the delay in responding to your request. I note that you have made the
following request:

"At the 2011-11-24 MPA full authority meeting, Commissioner Bernard Hogan
Howe promised to produce a report of the policing of the United Families
and Friends Campaign (UFFC) march which happened on 2011-10-29.
     
This was minuted as follows: 'Resolved – That the question be received and
the MPS report to the Januarys Authority meeting on its review of the
policing of the UFFC march.'

On 2012-02-24 in response to the Freedom of Information Request Reference
No: 2012010003990
(http://www.whatdotheyknow.com/request/mp...)
you wrote that the investigation was still ongoing then. Can you please
provide the following related information on record:
     
1) If the investigation has by now been completed,
1a) When was the investigation report completed by?
1b) When was the report delivered to the UFFC?
1c) When was the report delivered to the MPA or its successor (MOPC or
MOPAC)?
1d) Any other organisation it has been delivered to?
     
2) If the investigation has not yet been completed,
2a) When do you expect the investigation report to be completed by?
     
3) In the response to the previously mentioned earlier FOI request you
wrote that 'the outcome report will be shared directly with the
complainants' (the complainants that are publicly known are the UFFC and
some London residents represented by their MPA members), implying that it
would not be made public. However, if the report has been or will be made
public, where can it be found?"

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

DECISION
In respect of your request for

1) If the investigation has by now been completed,
1a) When was the investigation report completed by?

The investigation was concluded on 18 April 2012.

1b) When was the report delivered to the UFFC?

The MPS initially received one complaint regarding the UFFC march on 29
October 2011. As a result of this complaint, the police identified and
contacted a further complainant. The investigating officer's reports were
sent to both complainants on 18 April 2012.

1c) When was the report delivered to the MPA or its successor (MOPC or
MOPAC)?
1d) Any other organisation it has been delivered to?

The investigating officer's report was not provided to the MPA, MOPAC
and/or any other organisation.

2) If the investigation has not yet been completed,
2a) When do you expect the investigation report to be completed by?

Please see the answers to questions 1a and 1b.

3) In the response to the previously mentioned earlier FOI request you
wrote that 'the outcome report will be shared directly with the
complainants' (the complainants that are publicly known are the UFFC and
some London residents represented by their MPA members), implying that it
would not be made public. However, if the report has been or will be made
public, where can it be found?  

The investigating officer's reports were sent to both complainants on 18
April 2012. As the complaints and resultant investigations were a private
matter between the MPS and the complainants, both reports will not be made
available to the general public.

Please be advised that the letters were sent to and quality assured by the
head of the Metropolitan Police Service's Directorate of Professional
Standards, who in addition personally met with representatives from the
UFFC.

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
Information Manager
Directorate of Professional Standards
In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
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

Dear Metropolitan Police Service (MPS),

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

I am writing to request an internal review of Metropolitan Police Service (MPS)'s handling of my FOI request 'MPS review of the policing of the 2011 UFFC march'.

I appreciate the answers provided in the response, nonetheless I would appreciate you review how this request has been handled as it makes no mention, does not exempt and do not include the summary report of the investigation the MPS sent to MOPAC. This is obviously a relevant recorded information. This summary report has now been published in a FoI response by MOPAC to another of my requests (sent at the same time as this one, so this document had not yet been published by the time the MPS response was originally due). FYI, it can be found in http://www.whatdotheyknow.com/request/re...

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

Yours faithfully,

David Mery

Metropolitan Police Service (MPS)

Dear Mr Mery

Freedom of Information Request Reference No: 2012100000464

I write in connection with your request for a review of the original MPS
decision relating to 2012080002429 which was received by the Metropolitan
Police Service (MPS) on 03/10/2012.  

Your request for a review will now be considered in accordance with the
Freedom of Information Act 2000 (the Act).  You will receive a response to
your request for a review of the original MPS case within a timescale of
20 working days.  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.

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).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Mr Mery

Freedom of Information Internal Review Reference No: 2012100000464

I write in connection with your correspondence dated 03/10/2012 requesting
that the Metropolitan Police Service (MPS) review its response dated
03/10/2012 to your request for information relating to Freedom of
Information Request reference number 2012080002429.  The request was for
the following information:  

"At the 2011-11-24 MPA full authority meeting, Commissioner Bernard Hogan
Howe promised to produce a report of the policing of the United Families
and Friends Campaign (UFFC) march which happened on 2011-10-29.
     
This was minuted as follows: 'Resolved – That the question be received and
the MPS report to the Januarys Authority meeting on its review of the
policing of the UFFC march.'

On 2012-02-24 in response to the Freedom of Information Request Reference
No: 2012010003990
(http://www.whatdotheyknow.com/request/mp...)
you wrote that the investigation was still ongoing then. Can you please
provide the following related information on record:
     
1) If the investigation has by now been completed,
1a) When was the investigation report completed by?
1b) When was the report delivered to the UFFC?
1c) When was the report delivered to the MPA or its successor (MOPC or
MOPAC)?
1d) Any other organisation it has been delivered to?
     
2) If the investigation has not yet been completed,
2a) When do you expect the investigation report to be completed by?
     
3) In the response to the previously mentioned earlier FOI request you
wrote that 'the outcome report will be shared directly with the
complainants' (the complainants that are publicly known are the UFFC and
some London residents represented by their MPA members), implying that it
would not be made public. However, if the report has been or will be made
public, where can it be found?"

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
determined that in relation to the requirements of the Freedom of
Information Act, the MPS:

·        Fully complied with section 1 (General right of access to
information held by public authorities)
·        Did not comply with section 10 (Time compliance).

REASON FOR DECISION        

Please see the legal annex for the sections of the Freedom of Information
Act 2000 that are referred to in this correspondence.

The Freedom of Information Act 2000 creates a statutory right of access to
information held by public authorities. A public authority in receipt of a
request must confirm whether they hold the requested information and if
so, communicate it to the applicant. Furthermore, the Freedom of
Information Act is designed to place information into the public domain.
Therefore, once access to information is granted to one person under the
Act, it is then considered to be public information and must be
communicated to any individual upon request.

The right of access to information is subject to a number of exemptions
that are designed to enable public authorities to withhold information
that is not suitable for release.

Section 1 (General right of access to information held by public
authorities)

Section 1(1) of the Act states:

'(1) Any person making a request for information to a public authority is
entitled—
(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him.'

The Information Commissioner’s Office (ICO) guidance document titled ‘What
should be considered when interpreting a request?’ advises the following:

‘The public authority should read the request objectively, that is, it
should take care not to read into a request any meaning which is not in
the plain wording.’

‘Where the request is not clear, or can be read in more than one way, the
public authority will need to ask the requester for clarification. The
authority should not try to guess what the requester might want.’

‘There is no requirement to seek clarification if the authority is able to
comply with the request without further information. However, as a matter
of good practice, the authority may contact the requester if it has any
reason to believe the requester wants different or additional information
from what has been requested.’

This ICO guidance document further states that public authorities should
not ‘provide the requester with the information you think they want rather
than what the request asks for’.

http://www.ico.gov.uk/~/media/documents/...

Your correspondence dated 03/10/2012 stated:

‘I appreciate the answers provided in the response, nonetheless I would
appreciate you review how this request has been handled as it makes no
mention, does not exempt and do not include the summary report of the
investigation the MPS sent to MOPAC. This is obviously a relevant recorded
information. This summary report has now been published in a FoI response
by MOPAC to another of my requests (sent at the same time as this one, so
this document had not yet been published by the time the MPS response was
originally due).’

A copy of the 'United Friends and Family Campaign - Complaint against
Police' briefing document was not requested in your correspondence.  As a
consequence, there was no requirement for the MPS to:
·        Confirm or deny whether it held this information
·        Provide the information
·        Issue a refusal notice citing relevant exemptions.

Whilst it may be desirable to provide information in addition to that
which has requested, the MPS is under no obligation to do so.  In this
instance, the briefing document was not identified as being relevant to
your request as your queries were all in relation to the status of the
investigation report and associated investigation that was cited within an
earlier FoIA response.  This is information that can be retrieved without
being aware of the existence of a briefing document.

Furthermore, there was no reason to believe that you required information
different from what had been requested.  Having located information that
sufficiently answered an FoIA request in full, it would be unnecessary to
perform additional speculative searches to locate further information that
had not been requested, may not exist and may or may not be of interest to
the applicant.

Section 10 (Time for compliance with request)

Section 10(1) of the Act states that:

‘Subject to subsections (2) and (3), a public authority must comply with
section 1(1) promptly and in any event not later than the twentieth
working day following the date of receipt.’

Your initial request for information was received by the MPS on
18/08/2012.  However, a full response to your query was not provided to
you until 03/10/2012.

Therefore, the MPS have failed to comply with the requirements of section
10 in relation to your request as you were not provided with the requested
information within 20 working days.

I would like to take this opportunity to apologise on behalf of the MPS
for any inconvenience caused by the time taken to respond to your Freedom
of Information Act request.

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.

Should you have any further inquiries concerning this matter, please
contact me on 0207 161 3705 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Brian Wilson
FOIA Complaints Officer

LEGAL ANNEX

Section 1 (General right of access to information held by public
authorities) of the Act states:

(1) Any person making a request for information to a public authority is
entitled—
(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him.

http://www.legislation.gov.uk/ukpga/2000...

Section 10 (Time for compliance with request) of the Act states:

(1) Subject to subsections (2) and (3), a public authority must comply
with section 1(1) promptly and in any event not later than the twentieth
working day following the date of receipt.

http://www.legislation.gov.uk/ukpga/2000...

Section 16 (Duty to provide advice and assistance) of the Act states:

(1) It shall be the duty of a public authority to provide advice and
assistance, so far as it would be reasonable to expect the authority to do
so, to persons who propose to make, or have made, requests for information
to it.
(2) Any public authority which, in relation to the provision of advice or
assistance in any case, conforms with the code of practice under section
45 is to be taken to comply with the duty imposed by subsection (1) in
relation to that case.

http://www.legislation.gov.uk/ukpga/2000...

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

Dear Mr Wilson,

Thank you very much for the promptness of your review, however its findings are clearly disingenuous, if not erroneous.

My request was very clearly and explicitly about the report the MPS promised the MPA. That the MPS sent a summary report and not the full report (and called it briefing instead or summary report) and then uses that to avoid disclosing this information in an FoI request is at best disingenuous. The summary of the document that you considered was not requested in my request is 'Report to summarise background and outcome of complaint and Commissioner’s meeting with Samantha and Marcia Rigg'; and your previous response stated that 'The investigating officer's report was not provided to the MPA, MOPAC and/or any other organisation.' That is at best misleading.

Yours faithfully,

David Mery

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org