Dear Leicestershire Constabulary,

There is a well-established correlation between speed of impact and death/injury that forms the basis of police and Government safety campaigns, i.e. 30 means 30. The NPCC enforcement guidelines however deem 35 in a 30 to be acceptable (+10%, +2mph).
What information is available to show that you have adequately evaluated the risks to potential victims when adopting these guidelines – by way of a risk/impact assessment for example?

Yours faithfully,

J Newman

FOI, Leicestershire Constabulary

Dear J Newman

I acknowledge receipt of your request for information under the Freedom of Information Act 2000.

This is receiving our attention and a response will be sent to you in due course and within the specified time.

Regards

Jane Orange
Freedom of Information Officer
Information Management
Leicestershire Police
http://www.leics.police.uk
email; [Leicestershire Police request email]
Tel: 101 Ext: 3307041

show quoted sections

Dear Leicestershire Constabulary,

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

I am writing to request an internal review of Leicestershire Constabulary's handling of my FOI request 'NPCC Speed Enforcement Guidelines' because the statutory time limit has been exceeded.
Yours faithfully,

J Newman

FOI, Leicestershire Constabulary

Dear J Newman,

Thank you for your Freedom of Information request, Leicestershire Police require an extension in order to consider the Public Interest Test as we are considering the application of the below exemption:

Section 31 Law Enforcement

We will send a response to your as soon as possible.

Regards

Jane Orange
Freedom of Information Officer
Information Management
Leicestershire Police
http://www.leics.police.uk
email; [Leicestershire Police request email]
Tel: 101 Ext: 3307041

show quoted sections

Dear FOI,
I don't believe this for one minute or you would have let me know BEFORE the deadline expired.

Perhaps in the meantime you could explain to me why you think that not fully considering public safety when making decisions might be in the public interest. Is it the case that you have performed a risk assessment and don't want to reveal the outcome or you didn't bother to do one at all?
FYI, charades like this whereby you try to conceal information does the perceived integrity of the police force no credit at all - if you have nothing to hide, why should you have anything at all to fear?
Yours sincerely,

J Newman

FOI, Leicestershire Constabulary

1 Attachment

Dear J Newman,

Please find attached response to your below Freedom of Information request, please accept my sincere apologies in the delays in getting this to you.

Regards

Jane Orange
Freedom of Information Officer
Information Management
Leicestershire Police
http://www.leics.police.uk
email; [Leicestershire Police request email]
Tel: 101 Ext: 3307041

show quoted sections

Dear FOI,
1) The NPCC’s publication
I have already done as you suggest and the NPCC has confirmed it offers no more than guidance and they are clear that implementation is optional not mandatory. The decision rests with the Chief Constable as does the responsibility for risk assessment. There may well be local factors to consider, so a “global” RA from the NPCC would not be appropriate. Either way, it is the responsibility of the CC to ensure one has been done before making the decision – this is straightforward management due diligence.
However, from what you have said our Chief Constable has decided not to even though lives are at risk. Let there be no doubt that the accountability for the consequences rests with him.
2) Discretion
I am aware of what the guidance says and also aware of how it has been understandably interpreted in practice. In recent local police newsletter, the 35-mph allowance is described as “best practice” and confirms it has been adopted without qualification. The police have made the law ambiguous – is the limit 30 or 35? If it’s 30, 30 should be enforced, If it is 35, change the signs. Consistency is vital if the public is expected to comply.
Every single document relating to speeding I have come across and every reference made to speeding within LCC uses the NPCC guidance as the baseline i.e. 35 NOT 30. This includes projects with which the police were involved. When the police undertake mobile speed checks, have they ever prosecuted anyone for travelling under 35 in a 30 on speed grounds alone? The answer is no.

The information you have (or more accurately not) provided has however confirmed my suspicions:
a) There is no scientific or evidential basis for adopting the NPCC tolerance.
b) The limit displayed on the sign is law, no exceptions.
c) More lives will be lost/injuries will be more severe for collisions at 35mph as opposed to 30 mph. Likewise at 46 vs 40, 57 vs 50 and so on.
d) Despite this, no risk assessment has been performed before implementing the guidelines which means that these additional consequences have been deemed acceptable by the Chief Constable.
e) We are left not really knowing what the safe and correct speed is – 30 as the signs and law says, or 35 which the police say is equally OK.
I will close the request accordingly. I hope your internal communication will ensure the CC is aware of the accountability he has taken on in taking a de4cision that everyone knows will cost lives
Yours sincerely,
J Newman

FOI, Leicestershire Constabulary

Dear J Newman

I acknowledge receipt of your request for internal review under the Freedom of Information Act 2000. This has been added to the internal review we already have recorded for this request.

This is receiving our attention and a response will be sent to you in due course and within the specified time.

Regards

Jane Orange
Freedom of Information Officer
Information Management
Leicestershire Police
http://www.leics.police.uk
email; [Leicestershire Police request email]
Tel: 101 Ext: 3307041

show quoted sections

FOI, Leicestershire Constabulary

1 Attachment

Good Afternoon J Newman

Please find attached our response to your request for an FOI review

 

Kind Regards,

 

Linda Dempsey

Freedom of Information Officer

Information Management Section

Specialist Services

Leicestershire Police

 

[1]http://leics.police.uk

mail to: [2][email address]

or [3][Leicestershire Police request email]

Tel: 101. Extn 3308035 Voice Mail 8035

 

 

show quoted sections

References

Visible links
1. http://leics.police.uk/
2. mailto:[email address]
3. mailto:[Leicestershire Police request email]
4. http://www.neighbourhoodlink.co.uk/
5. http://www.leics.police.uk/support

Dear FOI,
"The public entrust the Police Service to make appropriate decisions with regard to their safety and protection", is an odd phrase to apply when the issue is that you have taken a decision that you know will cause harm and therefore broken that trust. The fact that you think that you have carte blanche to interpret the law is actually rather worrying. Clearly you have no respect for the PCC hierarchy which was created precisely to ensure democratic control prevails, which could not be guaranteed otherwise.
What the public expects of the police is that they faithfully and objectively uphold the laws created through the democratic process, not make their own rules up as they go along.

I do note however that you have not actually challenged any of my propositions, just in effect said "so what"?
Yours sincerely,

J Newman