Northumbria Police – Queries about “The Incident which never happened”
Dear Northumbria Police,
There have been rumours and gossip around the North East since 2007 concerning an incident which it is alleged occurred at the home of former Chief Constable Mike Craik in late June 2007. The stance of Northumbria Police has consistently been to deny that any incident had taken place, that no armed response unit had attended and that there had not been any record of an incident on the Force-wide computerised log.
In 2012, as part of Operation Elveden, the Metropolitan Police asked Northumbria Police to investigate whether payments may have been made by journalists of the News of the World to Police Officers in connection with an incident which was alleged to have occurred at the home of former Chief Constable Mike Craik on or around Saturday 23rd June 2007.
The investigation was headed by Superintendent Alan Veitch (Head of Professional Standards until 2013). In May 2016, at an Employment Tribunal whilst under oath, Superintendent Dave Byrne (Head of Professional Standards from 2013-2016) stated that the investigation was still open within Professional Standards Department.
At the Employment Tribunal, a Witness Statement submitted by former Inspector Paul Gilroy stated
“I can confirm that at 0740hrs on Saturday 23rd June 2007 I commenced duty as
operations inspector at Northumberland Area Command. This saw me assume
force wide responsibility for the operational support resources which include dog
section officers, area support groups and armed response vehicles with specialist
supervision for motor patrols.” and
“During that afternoon, I received information from the force communication room
supervisor that officers had been deployed at the home of the then Chief
Constable residing in the Bamburgh area of Northumberland. This followed the
activation of the personal attack alarm” and
“Before terminating duty at 1600hrs having not had any updates I viewed the
computer generated log for the incident only to find that all the text subject of it
had been deleted. After having spoken to officers dispatched to the incident it became apparent to me why the log had been deleted. The incident had apparently involved an altercation between the Chief and Mr Peacock.” and
“At 0830hrs on Monday 25th June 2007 I attended a supervision meeting at Bedlington police station, this being a routine event to discuss and analyse the events of the previous weekend or 24 hours. I recall that at the conclusion of the meeting I was instructed to remain behind to discuss the incident with the Chief that had taken place over the weekend. By this stage it appeared there had been a leak to the media. Again as I best recall I was instructed to make enquiries with officers who had attended the personal incident in an effort to establish who may have done so. At no time then or since have I made any such enquiries.”
Other witnesses at the Employment Tribunal stated that
a) it was common knowledge across the Force that an armed response unit had been called to Chief Craik’s house; and
b) the Police Log of the incident was viewed by many Officers at different Police Stations across the region during the day; and
c) by late afternoon, the text of the Police Log of the incident had been removed from the computer system; and
d) staff and Officers had been instructed that the incident had NOT happened; and
e) disciplinary action would take place if anybody attempted to search for the Police Log; and
f) Police Officers were directed that anybody who defaced a picture of Chief Craik in a Police station (e.g. by drawing a ‘black eye’ on his face) would be subject to criminal prosecution.
After the Employment Tribunal, Chief Constable Ashman made a Press Statement saying that
“As the head of a police force and public body I am duty bound to consider the information presented to the tribunal. Any allegations that may have arisen during the course of the evidence or the way in which it was presented, particularly those considered criminal in nature will be considered in full.”
See http://www.northumbria.police.uk/your_ne...
Questions
1. In 2012, The Metropolitan Police, during Operation Elveden, requested Northumbria to investigate allegations of payments between journalists and Officers connected to the incident between Mr Craik and Mr Peacock. Alan Veitch (then Head of PSD) began an investigation, reporting to Deputy Chief Constable Gilmore. In the transcript of his evidence to a Disciplinary Hearing in April 2014, Superintendent Veitch said
“I wrote a report for the Deputy around what I’d found, and obviously there were gaps in that investigation, because if we’d gone to the former duty officer on that night, who was a former chief super and retired, there may have been some information – don’t go there. I could have gone to the Elveden SIO and said do you want me to do more? Don’t go there. And I could have pushed the fact a bit further with the reporters, but again, that’s likely to lift a stone and it wasn’t a particularly pleasant thing for us to do or consider. So none of that was done and I reported accordingly.”
A) Is Superintendent Veitch still a serving officer with Northumbria Police?
B) Is the Investigation started by Superintendent Veitch in to the alleged incident in Bamburgh on or around 23rd June 2007 June 2007 still open – FIVE years after being started?
C) If the Investigation is still OPEN (as stated by Superintendent Byrne during an Employment Tribunal) then please explain why it has not been closed and who is the Officer currently leading the Investigation;
D) If the Investigation is CLOSED then when was it closed? What were the findings of the Investigation and what actions have been taken as a result of the investigation?
2. As described in Inspector Gilroy’s Statement above,
A) was there an incident at the home of Former-Chief Constable Mike Craik in Bamburgh on or around Saturday 23rd June 2007 to which Police Officers were dispatched?
B) Was an Armed Response Unit despatched?
C) Were other Officers also in attendance?
D) Was a Police Helicopter also diverted to fly towards the Bamburgh area during that day?
E) Was a computer record created on the computerised force-wide Police Log system concerning the incident at the home of Chief Constable Craik?
F) Does such a computerised record still exist? (or a paper copy of it?)
G) Re there references to an incident in Bamburgh area on 23rd June 2007 which required the attendance of armed police officers in any of the following
i) the Force Communication Room log,
ii) the Silver Command log;
iii) Radio traffic logs;
iv) Emergency Services (‘999’ service) log (one rumour says that the incident was phoned in by a neighbour, other rumours say that a ‘panic button’ initiated the call-out);
v) Police Helicopter or Air Traffic logs;
vi) The Log Books of any Police Officer who may have attended the incident
H) Has the ‘Force communications room supervisor’ who was on duty at the time been identified and interviewed?
3. Was the text within the computer record erased or was the computer record deleted from the Police Log?
Who (i.e. what level of seniority) would have authority to do so?
Was this authority given and is there a log of this action being taken?
4. During the days after the alleged Incident, were instructions given to officers throughout the region that they should not search the computer system to locate the record?
Were any disciplinary actions taken against any officers or staff who may have searched for details of the incident within the Police computer system?
5. In the days following the alleged incident, were posters of Chief Craik defaced in any Police Station? Were orders given to Officers across the region that any further de-facing would result in disciplinary or criminal damage proceedings? Were any Officers disciplined as a result of such de-facing of Police posters?
6. Following Chief Craik’s assurance that the incident had not happened, was public money spent to obtain external legal advice on how to apply the laws of Libel to prevent newspapers from reporting any stories concerning the alleged incident?
7. Were any stories published in the media about the alleged incident? If so, where and when?
8. At a Preliminary Hearing in April 2015, Northumbria Police were ordered to release the full paper-based file of the Craik/Peacock incident which had been created by Ms Aubrey. However, Ms Aubrey reported to a further Preliminary Hearing in July 2015 that that the file which had been disclosed had been heavily decimated. In August 2015, an Employment Judge ordered that Affidavits be prepared by the joint Investigating Officers (Superintendent Byrne and Head of HR, Mrs Joscelin Lawson) to explain how the file had been controlled after Ms Aubrey had been suspended and instructed that the complete paper-based file be disclosed. Despite a very clear description by Ms Aubrey of the size, shape and colour of the outside binder containing the files, one Affidavit stated
“I am informed there is a store room containing the Chief Officer Team records. Quite literally there are hundreds of boxes of material in that store room. The boxes are unmarked and there is no record of their contents. The boxes would have to be checked on an individual basis to ascertain their contents. Simply to check the boxes to see what they contain would take an individual officer literally days of search. It may or may not contain V and C documents. I do not know. Unless expressly ordered to do so, I do not believe it would be proportionate to undertake a search of those boxes simply to see if some documents might be found in them.
Given that the Force has spent around £600,000 on external legal advice concerning the Employment Tribunal process plus enormous amounts of Police Officer/Staff time predicated around an allegation that Ms Aubrey breached the confidentiality of Chief Constable Craik in this matter, has there been a thorough search of the Archive Store to locate this file during the past two years? If so, has the comlete file been disclosed, as ordered by the Employment Tribunal?
9. Inspector Veitch’s first Witness Statement to the Disciplinary Hearing was significantly altered with the removal of sentences which described how widespread the gossip was about the Incident involving Craik/Peacock, for example,
“There was much rumour and speculation within the force at the time, surrounding Mr Craik's alleged relationship with a female colleague which seemed to be the story the press had become aware of”
being deleted and sentences which a denigrated local journalist being added.
A) Who requested such material changes to a Witness Statement and
B) Why were sentences which might undermine Northumbria Police’s claim that the Craik/Peacock matter was highly confidential (hence not widely known) removed from the Superintendent Veitch’s Witness Statement?
10. A) Prior and during the Employment Tribunal in May 2016, did Northumbria Police pay for legal advice to be provided to any of the Craiks or Peacocks?
B) Did Northumbria Police staff (Superintendent Peter Dent and colleagues) provide assistance to either the Craiks or Peacocks in writing any Statements which were then released to the Tribunal or to the Press?
11. The allegations concerning the removal of an Incident from the Police Log and the expenditure of police time and public monies on legal advice to prevent the Press from reporting the incident are surely examples of serious Misconduct in Public Office by Officers or former Officers of Northumbria Police. Such allegations, if true, would certainly be “considered criminal in nature” and Chief Constable Ashman would certainly be “duty bound” to investigate – or to report the matter to an independent body, such as the IPCC, for investigation.
A) What actions has Chief Constable Ashman taken during the past twelve months since he made his Press Statement in August 2016 to investigate these allegations or to report them for an independent investigation?
B) Have ANY of the people who provided witness statements to the Employment Tribunal in May 2016 been contacted by Northumbria Police to provide any Investigation with more information?
Yours faithfully,
Mr Paul Hopkins
Freedom of Information Act 2000 (FOIA)
Thank you for your email received today in which you make a request for information that Northumbria Police may hold in accordance with the Freedom Of Information Act 2000
We are in the process of dealing with your request and a response should be provided to you by 12/09/17 which is in accordance with the legislation.
Yours sincerely
Jan Mcewan
Information Management Unit
Dear Freedom of Information Mailbox,
Dear Sirs/Madams,
Overdue response to an FOI request – “The Incident that Never Happened”
On 14th August 2017, I submitted a Freedom of Information Request to Northumbria Police (see attached) in which I was asking for information concerning an incident which is alleged to have occurred at the home of former Chief Constable Craik in June 2007. My FOI was promptly acknowledged
Thank you for your email received today in which you make a request for information that Northumbria Police may hold in accordance with the Freedom Of Information Act 2000
We are in the process of dealing with your request and a response should be provided to you by 12/09/17 which is in accordance with the legislation.
Yours sincerely
Jan Mcewan
Information Management Unit
As of today, I have not received any response. I am disappointed for the following reasons:-
1. IF AN INCIDENT HAD OCCURRED THEN
a) There are several issues which may represent MISCONDUCT IN PUBLIC OFFICE (a Criminal Offence) by various Officers, including
• Deletion not just of the text of an Incident Log (- potentially valid if there is information which should be redacted) but the entire Record of the incident was removed from the force-wide incident (Police Log) system;
• Significant Public Money was spent to obtain leading London Counsel advice of how to threaten newspapers with libel actions if they dared to publish anything about the story;
• Amending Superintendent’s original Witness Statement
b) MISCONDUCT - OR EXCEEDINGLY POOR STANDARDS OF BEHAVIOUR
• Using Public Money on 2016 to fund the legal costs of Mr Craik and Mrs Peacock in their application for Reporting Restrictions to be imposed upon the Press;
• Failing to properly investigate the Craik/Peacock incident when formally requested to do so by the Metropolitan Police Operation Elveden team in 2012;
• Failure to execute a search of the Headquarter’s Archive Storeroom to locate the undecimated paper file of the Craik/Peacock case – despite being ordered to do so by an Employment Judge
• Using significant amounts of Police time and money over many years to mount a cover-up to prevent any Police Officer or staff discuss the Incident
• Failure by Chief Constable Ashman to follow through with his public statement in August 2016 in which he declared that he was “duty bound” to investigate “Any allegations that may have arisen during the course of the evidence or the way in which it was presented, particularly those considered criminal in nature will be considered in full.”
2. IF AN INCIDENT HAD NOT OCCURRED THEN it is in the public interest to clarify this. However, it would then be extremely embarrassing for Northumbria Police if people were to come forward who
• Were first-hand witnesses of that incident – either by attending the scene or by being involved directly in activities related to the management of the incident;
• Witnesses who were on duty (or attending a police station) at the time of the incident who can recall the incident occurring and/or claim to have viewed the Incident Log record before it was removed; and
• Officers who were directly briefed at the time (or within days) about the incident
Given that Detective Superintendent Byrne (former Head of Professional Standards Department) stated on oath at an Employment Tribunal in May 2016 that the Operation Elveden case, which had commenced in 2012 “was still not closed” in 2016, I would be astonished if Northumbria Police cannot answer the simple question as to whether an incident had occurred at the home of Chief Craik in June 2007 which had necessitated the summoning of an Armed Response Unit to attend.
I look forward to receiving a complete response to my Freedom of Information Request forthwith.
Yours sincerely,
Paul Hopkins
Hi Paul,
We are currently processing your request and it should be with you within the next hour.
Regards,
Shirley
Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')
Thank you for your e mail dated 14 August 2017 in which you made a request
for access to certain information which may be held by Northumbria Police.
As you may be aware the purpose of the Act is to allow a general right of
access to information held at the time of a request, by a Public Authority
(including the Police), subject to certain limitations and exemptions.
You asked:
Questions
1. In 2012, The Metropolitan Police, during Operation Elveden,
requested Northumbria to investigate allegations of payments between
journalists and Officers connected to the incident between Mr Craik and Mr
Peacock. Alan Veitch (then Head of PSD) began an investigation, reporting
to Deputy Chief Constable Gilmore. In the transcript of his evidence to a
Disciplinary Hearing in April 2014, Superintendent Veitch said “I wrote a
report for the Deputy around what I’d found, and obviously there were gaps
in that investigation, because if we’d gone to the former duty officer on
that night, who was a former chief super and retired, there may have been
some information – don’t go there. I could have gone to the Elveden SIO
and said do you want me to do more? Don’t go there. And I could have
pushed the fact a bit further with the reporters, but again, that’s likely
to lift a stone and it wasn’t a particularly pleasant thing for us to do
or consider. So none of that was done and I reported accordingly.”
A) Is Superintendent Veitch still a serving officer with
Northumbria Police?
B) Is the Investigation started by Superintendent Veitch in to the
alleged incident in Bamburgh on or around 23rd June 2007 June 2007 still
open – FIVE years after being started?
C) If the Investigation is still OPEN (as stated by Superintendent
Byrne during an Employment Tribunal) then please explain why it has not
been closed and who is the Officer currently leading the Investigation;
D) If the Investigation is CLOSED then when was it closed? What
were the findings of the Investigation and what actions have been taken as
a result of the investigation?
2. As described in Inspector Gilroy’s Statement above,
A) was there an incident at the home of Former-Chief Constable Mike
Craik in Bamburgh on or around Saturday 23rd June 2007 to which Police
Officers were dispatched?
B) Was an Armed Response Unit despatched?
C) Were other Officers also in attendance?
D) Was a Police Helicopter also diverted to fly towards the
Bamburgh area during that day?
E) Was a computer record created on the computerised force-wide
Police Log system concerning the incident at the home of Chief Constable
Craik?
F) Does such a computerised record still exist? (or a paper copy
of it?)
G) Re there references to an incident in Bamburgh area on 23rd June
2007 which required the attendance of armed police officers in any of the
following
i) the Force Communication Room log,
ii) the Silver Command log;
iii) Radio traffic logs;
iv) Emergency Services (‘999’ service) log (one rumour says that
the incident was phoned in by a neighbour, other rumours say that a ‘panic
button’ initiated the call-out);
v) Police Helicopter or Air Traffic logs;
vi) The Log Books of any Police Officer who may have attended the
incident
H) Has the ‘Force communications room supervisor’ who was on duty
at the time been identified and interviewed?
3. Was the text within the computer record erased or was the
computer record deleted from the Police Log?
Who (i.e. what level of seniority) would have authority to do so?
Was this authority given and is there a log of this action being taken?
4. During the days after the alleged Incident, were instructions
given to officers throughout the region that they should not search the
computer system to locate the record?
Were any disciplinary actions taken against any officers or staff who may
have searched for details of the incident within the Police computer
system?
5. In the days following the alleged incident, were posters of
Chief Craik defaced in any Police Station? Were orders given to Officers
across the region that any further de-facing would result in disciplinary
or criminal damage proceedings? Were any Officers disciplined as a result
of such de-facing of Police posters?
6. Following Chief Craik’s assurance that the incident had not
happened, was public money spent to obtain external legal advice on how to
apply the laws of Libel to prevent newspapers from reporting any stories
concerning the alleged incident?
7. Were any stories published in the media about the alleged
incident? If so, where and when?
8. At a Preliminary Hearing in April 2015, Northumbria Police were
ordered to release the full paper-based file of the Craik/Peacock incident
which had been created by Ms Aubrey. However, Ms Aubrey reported to a
further Preliminary Hearing in July 2015 that that the file which had been
disclosed had been heavily decimated. In August 2015, an Employment Judge
ordered that Affidavits be prepared by the joint Investigating Officers
(Superintendent Byrne and Head of HR, Mrs Joscelin Lawson) to explain how
the file had been controlled after Ms Aubrey had been suspended and
instructed that the complete paper-based file be disclosed. Despite a very
clear description by Ms Aubrey of the size, shape and colour of the
outside binder containing the files, one Affidavit stated “I am informed
there is a store room containing the Chief Officer Team records. Quite
literally there are hundreds of boxes of material in that store room. The
boxes are unmarked and there is no record of their contents. The boxes
would have to be checked on an individual basis to ascertain their
contents. Simply to check the boxes to see what they contain would take an
individual officer literally days of search. It may or may not contain V
and C documents. I do not know. Unless expressly ordered to do so, I do
not believe it would be proportionate to undertake a search of those boxes
simply to see if some documents might be found in them.
Given that the Force has spent around £600,000 on external legal advice
concerning the Employment Tribunal process plus enormous amounts of Police
Officer/Staff time predicated around an allegation that Ms Aubrey breached
the confidentiality of Chief Constable Craik in this matter, has there
been a thorough search of the Archive Store to locate this file during the
past two years? If so, has the comlete file been disclosed, as ordered by
the Employment Tribunal?
9. Inspector Veitch’s first Witness Statement to the Disciplinary
Hearing was significantly altered with the removal of sentences which
described how widespread the gossip was about the Incident involving
Craik/Peacock, for example,
“There was much rumour and speculation within the force at the time,
surrounding Mr Craik's alleged relationship with a female colleague which
seemed to be the story the press had become aware of”
being deleted and sentences which a denigrated local journalist being
added.
A) Who requested such material changes to a Witness Statement and
B) Why were sentences which might undermine Northumbria Police’s
claim that the Craik/Peacock matter was highly confidential (hence not
widely known) removed from the Superintendent Veitch’s Witness Statement?
10. A) Prior and during the Employment Tribunal in May 2016, did
Northumbria Police pay for legal advice to be provided to any of the
Craiks or Peacocks?
B) Did Northumbria Police staff (Superintendent Peter Dent and colleagues)
provide assistance to either the Craiks or Peacocks in writing any
Statements which were then released to the Tribunal or to the Press?
11. The allegations concerning the removal of an Incident from the
Police Log and the expenditure of police time and public monies on legal
advice to prevent the Press from reporting the incident are surely
examples of serious Misconduct in Public Office by Officers or former
Officers of Northumbria Police. Such allegations, if true, would certainly
be “considered criminal in nature” and Chief Constable Ashman would
certainly be “duty bound” to investigate – or to report the matter to an
independent body, such as the IPCC, for investigation.
A) What actions has Chief Constable Ashman taken during the past
twelve months since he made his Press Statement in August 2016 to
investigate these allegations or to report them for an independent
investigation?
B) Have ANY of the people who provided witness statements to the
Employment Tribunal in May 2016 been contacted by Northumbria Police to
provide any Investigation with more information?
We have now had the opportunity to fully consider your request and I
provide a response for your attention.
We have now had the opportunity to fully consider your request and I
provide a response for your attention.
Information Commissioners Office (ICO) guidelines state that:
A public authority must confirm or deny whether it holds the information
requested unless the cost of this alone would exceed the appropriate
limit.
I can neither confirm nor deny that the information you require is held by
Northumbria Police as to actually determine if it is held would exceed the
permitted 18 hours therefore Section 12(2) of the Freedom of Information
Act would apply. This section does not oblige a public authority to comply
with a request for information if the authority estimated that the cost of
complying with the request would exceed the appropriate limit of 18 hours,
equating to £450.00
You should consider this to be a refusal notice under Section 17 of the
Act for your request.
You should note that had Section 12 not been fully applicable other
exemptions would have been applied where relevant.
Additionally there are 31 questions in your request, some of which contain
multiple other questions within them. The submission of such requests
could be seen as burdensome to the force and a misuse of the FOI
legislation. You should note that further such requests may be subject to
the exemption outlined in Section 14 of the Act (vexatious requests).
Due to the different methods of recording information across 43 forces, a
specific response from one constabulary should not be seen as an
indication of what information could be supplied (within cost) by another.
Systems used for recording these figures are not generic, nor are the
procedures used locally in capturing the data. For this reason responses
between forces may differ, and should not be used for comparative
purposes.
The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended) or such other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.
You may be interested to know that Northumbria Police routinely publish
information via the Disclosure Log. The aim of the Disclosure Log is to
promote openness and transparency by voluntarily placing information into
the public arena.
The Disclosure Log contains copies of some of the information that has
been disclosed by Northumbria Police in response to requests made under
the Freedom of Information Act 2000.
Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the wider
public interest.
The Disclosure Log will be updated once responses have been sent to the
requester.
I have provided the relevant link below.
[1]http://www.northumbria.police.uk/freedom...
How to complain
If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure, attached below
[2]http://www.northumbria.police.uk/freedom...
If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.
Yours sincerely
Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 0191 2956941
[NOT PROTECTIVELY MARKED]
References
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1. http://www.northumbria.police.uk/freedom...
2. http://www.northumbria.police.uk/freedom...
Dear Freedom of Information Mailbox,
I am very disappointed that NP have refused to answer ANY of the questions which I have asked on the grounds that it would take more than 18 hours of time. I am also concerned that you suggest that my query may be ‘vexatious’.
I assure you that I am simply seeking clarification about incidents which have been the subject of very significant media comment and which the public have a right to know whether the conduct of Police Officers has been consistent with their Attestation Oath and the standards which are expected of a Police Officer.
I very deliberately drafted my questions so that it would be easy for NP to answer them. There are
27 questions which have a straight Yes or No answers.
5 questions which require one word or a very short sentence as an answer
2 questions (9 & 11(a)) which require a short explanation
The vast majority of the questions should be quickly answered by consulting the PSD Case file (referred to directly in Question 1).
I have broken down every question to show the type of response required (see below).
am very concerned that NP’s refusal to answer ANY of these questions. Whilst there may be consequences which might depend upon certain answers, Northumbria Police cannot claim an exemption from the FOI process because their answers may be uncomfortable for them.
And I am certainly not being vexatious in asking them to answer questions which should easily be located in an Inquiry which has (probably) still be open since 2012.
Specifically, the questions and required responses are:
1 Operation Elveden request in 2012 to NP to investigate issues around the Incident
a) Y/N
b) Y/N
c) 1 sentence – (if Inquiry still open, who is leading?) (from the PSD file)
d) 1 sentence – date of Inquiry closure (from the PSD file)
2 Inspector Gilroy’s Witness Statement concerning the Incident
a) Y/N
b) Y/N
c) Y/N
d) Y/N
e) Y/N
f) Y/N
g i) Y/N
g ii) Y/N
g iii) Y/N
g iv) Y/N
g v) Y/N
g vi) Y/N
3 What happened to the computerised Police Log records
i)Y/N
ii) One sentence (Who has authority to delete Log records?)
ii) Y/N
4 Alleged warnings to Police Officers immediately after 23rd June 2007
i) Y/N
ii) Y/N
5 Were posters of CC Craik defaced in Police Station
i) Y/N
ii) Y/N
iii) Y/N
6. Were specialist libel lawyers engaged to squash any press reporting? Y/N
7. Were there any Press/Media reports at that time?
i) Y/N
ii) 1 sentence (where were stories published?)
8. Has there been a search of the Archive store for original document file, as ordered by Employment Judge in 2015?
i) Y/N
ii) Y/N
9. Query about who amended DS Veitch’s original Witness Statement – may require a conversation with DS Veitch (assuming he is still in NP)
10 Were police monies/resources spent on providing legal advice to Craik/Peacock in 2016?
a) Y/N
b) Y/N
11. CC Ashman made a Press Statement saying he was “I am duty bound” to investigate any allegations raised during the Employment Tribunal
a) A few sentences (What has he done?)
b) Number (How many witnesses from the Employment Tribunal been asked to assist?)
Yours sincerely,
Paul Hopkins
Dear Mr Hopkins
A Freedom of Information request should be a request for actual recorded information. It is not an opportunity to quiz a public authority and nor is it a trigger for further investigations.
The ICO gives advice on how to make a request and their list of dos and don'ts may be useful to review.
With the above in mind can you confirm that you wish for an internal review to be carried out into this request.
If required, the request will then be re-visited by a different person within the organisation. He/she will then review the request and associated response to ensure the Act is adhered to.
Yours sincerely
Michael Cleugh
Data Protection & Disclosure Advisor
Dear Mr Cleugh,
I note your title and also respect that you have held your professional role within Northumbria Police for many years. I have taken your advice to look at the ICO website.
I would respectfully suggest that you should look at
https://ico.org.uk/for-organisations/gui...
to see how the ICO explain that this Act is based upon “Openness (which) is fundamental to the political health of a modern state “ and covers all “Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings “.
It is particularly pertinent to note the highlighted quotation on their web-page
"Unnecessary secrecy in government leads to arrogance in governance and defective decision-making." - Your Right to Know
You will be aware that “an applicant (requester) does not need to give you a reason for wanting the information. On the contrary, you must justify refusing them information; “. Hence your inference that my request may “be a trigger for further investigations” is not relevant – and may not even be true. Your duty as a Public Servant, I believe, is to ensure that Northumbria Police obey the letter and the spirit of the Law and disclose the information which has been requested - rather than find reasons for refusing.
I believe that Northumbria Police opened an Investigation following a request from Operation Elveden in 2012. Your former Head of Professional Standards, Dave Byrne, said on Oath that was still open when he retired in 2016 and he used this as a reason for not being able to answer cross-examination questions on an “Open Inquiry”. I therefore have to assume that a diligent Investigation by Professional Standards detectives would have accumulated the answers to ALL of my questions – and much more beside.
My FOI was structured to simplify the workload of a professional Officer as most of the questions should be found within the case file documents.
I shall defer a decision on requesting an internal review because of
• Your failure to respond within the Statutory Time period, then
• your point blank refusal to answer ANY questions on the basis that answering them ALL might take more than 18 hours; then
• your suggestion today that my FOI is misguided; and now
• your invitation to request an internal NP review (which may take an unknown period of time)
Your actions all appear constructed to DELAY answering questions which are of significant public interest. I shall consult the Information Commissioner’s Office and ask THEM to review your refusal to answer ANY part of my Freedom of Information request
Yours sincerely,
Paul Hopkins
Dear Freedom of Information Mailbox,
Dear Mr Cleugh,
Can you atleast answer the following 3 questions
1. Did an incident occur on or around Saturday 23rd June 2007 (as recorded in Inspector Gilroy's Witness Statement) at the home of Chief Craik in Bamburgh and to which an Armed Response Unit was dispatched?
2. Was there a record on the Police Communications Log on 23rd June 2007 (as recorded in Inspector Gilroy's Witness Statement) which was subsequently deleted/erased?
3. Has Police manpower and financial resources been expended to prevent widespread discussion of this incident (assuming that it happened) in the Press and/or within the Force?
Given that there has been an Investigation opened by Professional Standards Department since 2012, I would hope that the above questions can be answered promptly.
Yours sincerely
Paul Hopkins
Yours sincerely,
Paul Hopkins
Freedom of Information Act 2000 (FOIA)
Thank you for your email received today in which you make a request for information that Northumbria Police may hold in accordance with the Freedom Of Information Act 2000
We are in the process of dealing with your request and a response should be provided to you by 24/10/17 which is in accordance with the legislation.
Yours sincerely
Information Management Unit
Dear Freedom of Information Mailbox,
I am NOT making a new FOI request. I understand that you should have answered my original FOI request (submitted on 14th August 2017) by 12th September.
On 13th September (one day AFTER you should have responded) you chose to refuse to answer ALL (or ANY) of my questions.
If the fundamental concepts of the FOI legislation is that "Openness is fundamental to the political health of a modern state" and "Unnecessary secrecy in government leads to arrogance in governance and defective decision-making" (Core principles in the 'Your Right to Know' Whitepaper which preceded the FOI Act) then I am merely asking you to respond to the just three of the questions which I posed on 14th August 2017 as an interim response.
You have had an Investigation in to this matter open in PSD since 2012 (FIVE YEARS!) and my simplified request is for you to answer
a) whether there was an incident on 23rd June 2007 in which an armed response unit was called to the home of Chief Craik in Bamburgh (as described in Inspector Gilroy's Statement);
b) whether there was a record in the Police Log which was subsequently erased/deleted; and
c) whether public monies and police time was expended in prevent members of the Press reporting such an incident.
I believe that these questions are of genuine public interest. The approach of Northumbria Police to steadfastly refuse to answer such simple questions is the very antithesis of the core principles of the Freedom of Information Act.
I ask again for you to respond within the next few days to my original FOI questions - or to atleast answer the above three questions as an interim response.
Yours faithfully,
Paul Hopkins
Provision of Information held by Northumbria Police under the Freedom of
Information Act 2000 (the" Act")
With regard to your email in which you make a request for information that
Northumbria Police may hold.
I regret that Northumbria Police will not be able to complete its response
to you by the date originally stated. We are still researching the
information held and considering whether any exemptions under the Act may
apply, in particular S 30(1)(a) Investigations.
I can now advise you that the new date for the provision of a response is
20/11/2017.
I can assure that every effort will be made to ensure that a response will
be provided to you within this new timescale.
Your attention is drawn to the attachment which contains your complaint
rights.
Yours sincerely
Michael Cleugh
Information Management Unit
[1]http://www.northumbria.police.uk/freedom...
References
Visible links
1. http://www.northumbria.police.uk/freedom...
Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')
Thank you for your e mail dated 26 September 2017 in which you made a
request for access to certain information which may be held by Northumbria
Police.
As you may be aware the purpose of the Act is to allow a general right of
access to information held at the time of a request, by a Public Authority
(including the Police), subject to certain limitations and exemptions.
You asked:
Re FOI 899/17:
“Can you at least answer the following 3 questions
1. Did an incident occur on or around Saturday 23rd June 2007 (as recorded
in Inspector Gilroy's Witness Statement) at the home of Chief Craik in
Bamburgh and to which an Armed Response Unit was dispatched?
2. Was there a record on the Police Communications Log on 23rd June 2007
(as recorded in Inspector Gilroy's Witness Statement) which was
subsequently deleted/erased?
3. Has Police manpower and financial resources been expended to prevent
widespread discussion of this incident (assuming that it happened) in the
Press and/or within the Force? “
With regards to point 1 and 2 the following exemption has been considered
and applied as appropriate.
This matter is subject to an on-going investigation.
Section 30(1) (a) Investigations and Proceedings conducted by Public
Authorities
Section 30 is a class based qualified exemption which means that a public
interest test is required.
Factors favouring disclosure for S30 – There has been much speculation in
the press regarding this allegation. The public quite rightly expect that
such allegations are investigated appropriately. Any release prior to the
investigations being completed may provide awareness of any allegations
and avoid rumour and speculation.
Factors against disclosure for S30 – Any disclosure prior to
investigations being completed would not be appropriate. Such release
could prejudice and undermine any investigations and enquiries being
conducted. Factors favouring disclosures would always be weaker while
investigations are ongoing.
Balance test
The Police service is tasked with protecting the community and solving
crime and carrying out appropriate investigations. They would not disclose
information if it would jeopardise those important roles. By disclosing
the requested information in this case would mean that investigations
would be compromised, and the small benefit in increased public awareness
would not be adequate compensation for such disruption. Although this
allegation may be something which the public is entitled to be kept
informed about, this does not outweigh the forces obligations to ensure
investigations are proceed with appropriately. Although it is important
that the public are appraised of the progress of investigations, I
consider that when weighed against the risk of prejudicing the outcome of
any investigations, the factors favouring non-disclosure take precedence.
I have therefore concluded that the balance lies in favour of
non-disclosure at this point.
Additionally I can advise that once these investigations are complete,
other exemptions may be considered and become applicable.
3. No information held. This is not recorded.
Due to the different methods of recording information across 43 forces, a
specific response from one constabulary should not be seen as an
indication of what information could be supplied (within cost) by another.
Systems used for recording these figures are not generic, nor are the
procedures used locally in capturing the data. For this reason responses
between forces may differ, and should not be used for comparative
purposes.
The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended) or such other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.
You may be interested to know that Northumbria Police routinely publish
information via the Disclosure Log. The aim of the Disclosure Log is to
promote openness and transparency by voluntarily placing information into
the public arena.
The Disclosure Log contains copies of some of the information that has
been disclosed by Northumbria Police in response to requests made under
the Freedom of Information Act 2000.
Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the wider
public interest.
The Disclosure Log will be updated once responses have been sent to the
requester.
I have provided the relevant link below.
[1]http://www.northumbria.police.uk/freedom...
How to complain
If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure, attached below
[2]http://www.northumbria.police.uk/freedom...
If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.
Yours sincerely
Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 0191 2956941
[NOT PROTECTIVELY MARKED]
References
Visible links
1. http://www.northumbria.police.uk/freedom...
2. http://www.northumbria.police.uk/freedom...
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Martin McGartland (Account suspended) left an annotation ()
Northumbria Police deleting log(s) ... I have evidence of police log(s) being deleted. I reported it to the IPCC (who are as corrupt as Northumbria Police) and after an "Independent Investigation" that never was... the IPCC, their corrupt staff whitewashed the Northumbria Police corruption. The IPCC refused to publish their "Independent Report" (see my FOI requests to IPCC), , why? Because the IPCC never investigated the case properly, they ignored all of the compelling evidence so that the corrupt officers (and the force) could be protected. The IPCC is Cover Up Merchants for some very corrupt Top Bent Cops.