Dear West Midlands Police,

Please supply me with officer and staff conviction data broken down as follows:
The number of staff and officer convictions, for the years of 2008 and 2018 (Jan 1 - Dec 31 of both years) listed by the year of conviction, the offence and the outcome.

If your records do not go back as far as 2008 then I will accept the earliest year you have records for after 2008 and 2018 (the years between are not being requested).

Yours faithfully,

Daniel Elliott

Freedom of Information,

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a valid request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
Please note that if your email is a request is for your own personal data
you should make a subject access request to the Data Protection Unit.  You
can do this by completing a WA162 form, which is available on the West
Midlands Police website.  Search the West Midlands Police website for
'Subject Access' or go directly to this page:
[1]https://www.west-midlands.police.uk/abou...
 
If you require further information please contact 101 and ask for the
Freedom of Information Unit.
 
You might find what you are looking for on our website:
[2]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
non-emergency number: 101.
 
In an emergency, for example where life is in danger or a crime in
progress, call 999.

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

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Freedom of Information,

4 Attachments

Dear Daniel Elliott

 

FOI Request Reference: 16069/19

 

Thank you for your request for information, received 16/09/2019

 

REQUEST

 

Please supply me with officer and staff conviction data broken down as
follows:

 

The number of staff and officer convictions, for the years of 2008 and
2018 (Jan 1 - Dec 31 of both years) listed by the year of conviction, the
offence and the outcome.

 

If your records do not go back as far as 2008 then I will accept the
earliest year you have records for after 2008 and 2018 (the years between
are not being requested).

 

The FOI Act obliges us to respond to requests promptly and in any case no
later than 20 working days after receiving your request. We must consider
firstly whether we can comply with section 1(1) (a) of the Act, which is
our duty to confirm whether or not the information requested is held and
secondly we must comply with section 1(1)(b), which is the provision of
such information.

 

However, when a qualified exemption applies either to the confirmation or
denial, or the provision of the information and the public interest test
is engaged, the Act allows the time for response to be longer than 20
working days, if the balance of such public interest is undetermined. In
this case we have not yet reached a decision on where the balance of the
public interest lies in respect of the provision of the requested
information

 

We estimate that it will take an additional 20 working days to make a
decision on where this balance lies. Therefore, we plan to let you have a
response by 11/11/2019. If it appears that it will take longer than this
to reach a conclusion, you will be kept informed. The specific
exemption(s) which apply in relation this information is

 

Section 30 – Investigations and Proceedings Conducted by an Authority

 

I apologise for any inconvenience. We aim to provide you with a meaningful
response as soon as possible.

 

ADDITIONAL INFORMATION

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[1]http://foi.west-midlands.police.uk/

 

RIGHT OF APPEAL

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[2]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

Yours sincerely,

 

Michelle Richardson | Freedom of Information
Corporate Communications | West Midlands Police
T: 101 (ext. 801 2068)

Preventing crime, protecting the public and helping those in need.

[3]If it’s not 999, search WMP Online

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This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

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2. http://foi.west-midlands.police.uk/revie...
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Dear Freedom of Information,

Section 10(1) of the Freedom of Information Act 2000 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.

Since the time frame set out in the FoI Act 2000 has been exceeded, and Section 50(1) of the FoI Act 2000 states that:
Any person (in this section referred to as “the complainant”) may apply to the Commissioner for a decision whether, in any specified respect, a request for information made by the complainant to a public authority has been dealt with in accordance with the requirements of Part I.

I am therefore writing to you to remind you of this obligation and give you the further opportunity to complete my request by way of internal review, else I will have to take the failure to adhere to the FoI Act 2000 to the ICO.

Yours sincerely,

Daniel Elliott

Freedom of Information,

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a valid request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
Please note that if your email is a request is for your own personal data
you should make a subject access request to the Data Protection Unit.  You
can do this by completing a WA162 form, which is available on the West
Midlands Police website.  Search the West Midlands Police website for
'Subject Access' or go directly to this page:
[1]https://www.west-midlands.police.uk/abou...
 
If you require further information please contact 101 and ask for the
Freedom of Information Unit.
 
You might find what you are looking for on our website:
[2]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
non-emergency number: 101.
 
In an emergency, for example where life is in danger or a crime in
progress, call 999.

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. https://www.west-midlands.police.uk/abou...
2. http://foi.west-midlands.police.uk/

Freedom of Information,

4 Attachments

Dear Daniel Elliott

 

FOI Request Reference: 016069/19

 

Thank you for your request for information, received 16/09/2019

 

REQUEST

 

Please supply me with officer and staff conviction data broken down as
follows:

The number of staff and officer convictions, for the years of 2008 and
2018 (Jan 1 - Dec 31 of both years) listed by the year of conviction, the
offence and the outcome.

 

If your records do not go back as far as 2008 then I will accept the
earliest year you have records for after 2008 and 2018 (the years between
are not being requested).

 

RESPONSE

 

Our data are not organised in such a way as to allow us to provide this
information within the appropriate (cost) limit within the Freedom of
Information (FOI) Act (see ‘Reason for Decision’ below).The Information in
relation to question 2 is not held in a retrievable format in respect
officer and staff convictions to locate and retrieve this information
would involve a search of each persons PNC record for 2008 and 2018 we
have in excess 10,000 police officers and staff and each record would need
to be reviewed to see if any convictions were recorded .

 

The cost of compliance with the whole of your request is above the amount
to which we are legally required to respond, i.e. the cost of locating and
retrieving the information would exceed the appropriate costs limit under
section 12(1) of the FOI Act 2000. For West Midlands Police, the
appropriate limit is set at £450, as prescribed by the Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulations
2004, S.I. 3244.

 

In accordance with the Freedom of Information Act 2000, this letter acts
as a Refusal Notice for this part of the request and if one part of a
request exceeds the fees limit then S12 of the Act applies to the whole
request

 

I am unable to suggest any practical way in which your request may be
modified in order to satisfy your query or bring it within the 18 hours
stipulated by the Regulations.

In respect of your e-mail of 15/10, whereby you received a notification
from us (on14/10) which advised you of an extension to the deadline. This
was due to us considering information and investigation files in respect
of Section 30. As we had not reached a decision.

Under FOI, the ICO advises that an authority is permitted to extend the 20
working day limit in any case where;

 

“it requires more time to determine whether or not the balance of the
public interest lies in maintaining an exemption; or  it needs further
time to consider whether it would be in the public interest to confirm or
deny whether the information is held. ”

 

Point 60: within the link below details guidance in relation to Section
10(3) of the FOI Act.

 

[1]https://ico.org.uk/media/for-organisatio...

 

However after further consideration it has been established that to locate
and retrieve all convictions for all personnel would exceed the cost
threshold under FOI, as detail above.

 

Further information on section 12 of FOI is available here:

 

[2]https://www.app.college.police.uk/app-co...

 

ADDITIONAL INFORMATION

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[3]http://foi.west-midlands.police.uk/

 

RIGHT OF APPEAL

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[4]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

 

 

Michelle Richardson | Freedom of Information
Corporate Communications | West Midlands Police
T: 101 (ext. 801 2068)

Preventing crime, protecting the public and helping those in need.

[5]If it’s not 999, search WMP Online

[6]Description: Description: twitter icon [7]Description: Description:
Instagram Icon [8]Description: Description: YouTube Icon [9]Description:
Description: Facebook icon

[10]View all our social network links

 

 

Our vision: Preventing crime, protecting the public and helping those in
need

 

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. https://ico.org.uk/media/for-organisatio...
2. https://www.app.college.police.uk/app-co...
3. http://foi.west-midlands.police.uk/
4. http://foi.west-midlands.police.uk/revie...
5. website
https://www.west-midlands.police.uk/
6. http://www.twitter.com/wmpolice
7. http://www.instagram.com/westmidlandspol...
8. http://www.youtube.com/westmidlandspolice
9. http://www.facebook.com/westmidlandspolice
10. Social Networks
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Freedom of Information,

Dear Mr Elliott

Our records show that a response was provided to your request on 17th October 2019, and this response also provided further explanation in relation to the reason why the response deadline was extended.

Please would you advise if you still require an internal review. After receiving your reply, your request will then be considered and you will receive an internal review decision within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000

However, if we do not hear from you by 30th October 2019 I will assume you no longer wish to proceed with this request and will treat it as withdrawn.

Should you have any further enquiries concerning this matter, please write or telephone the FOI Unit quoting the reference number above.

Yours sincerely

Mrs R Williams

59614 Rebecca Williams l FOI Manager
Lloyd House l West Midlands Police
T: 101 (ext 801 2068)
Preventing crime, protecting the public and helping those in need.
If it’s not 999, search WMP Online

View all our social network links

show quoted sections

dennis fallon left an annotation ()

WM Police seem to have a policy of not being able to retrieve information, it makes me concerned that their information is deliberately being stored in an irretrievable manner to bypass the requirement to provide information. The evidence to date, after reviewing responses to other requests, shows they are highly disorganised and unhelpful.

Dear Freedom of Information,

Currently, I have had 20 completed responses from other police forces in the UK, (this same request was placed to all forces) Many of these other forces are likely to have similar numbers of staff as yourself and yet they have been able to provide me with the information requested.

I find it difficult to believe that WMP are a police force who uses a different system to the other police forces, which makes retrieving the information as hard as you imply it does.

There seems to be a pattern emerging from requests made to WMP and that pattern is one of refusal due to cost constraints, where as other forces have no issue in supplying the information.

I will ask that you revisit my initial request and remember that the details I am asking for are only for officers or police staff who were convicted of a crime or found guilty of a misconduct hearing who were employed during the year 2008 and officers or police staff who were convicted of a crime or found guilty of a misconduct hearing who were employed during the year 2018 and not for officers or police staff who were convicted of a crime or found guilty of a misconduct hearing in any other year.

Yours sincerely,

Daniel Elliott

Freedom of Information,

4 Attachments

 

Dear Mr Elliott

 

FOI Internal Review Reference: 018605/19

 

Thank you for your correspondence, received 24/10/2019 where you requested
West Midlands Police to review its response to your request for
information concerning the number of staff and officer convictions for
specified years listed by the year of conviction, the offence and the
outcome.

 

The force responded on 17^th October 2019 under FOI reference 16069/19 and
advised that the information was exempt from disclosure by virtue of
Section 12 as the information is not held in a readily retrievable format.
To locate and retrieve accurate information would involve a search of each
staff and officer PNC record that were serving in 2008 and 2018 to see if
any convictions were recorded. The force currently has in excess 10,000
police officers and staff and the numbers serving in 2008 and 2018 would
be comparative to this.

 

REQUEST

You have requested that the force review its response on the basis that
you have received completed responses from other police forces in the UK,
that you believe that many of these other forces are likely to have
similar numbers of staff as West Midlands Police and they have been able
to provide the information requested.

 

Also that you find it difficult to believe that WMP are a police force who
uses a different system to the other police forces which makes retrieving
the information hard.

 

You have requested that the force revisits your initial request for
details for officers or police staff who were convicted of a crime or
found guilty of a misconduct hearing who were employed during the year
2008 and officers or police staff who were convicted of a crime or found
guilty of a misconduct hearing who were employed during the year 2018 and
not for officers or police staff who were convicted of a crime or found
guilty of a misconduct hearing in any other year.

 

RESPONSE

The response has now been reviewed and the force maintains that your
request was refused on a proper basis, and that refusal by virtue of
Section 12 exemption was applied appropriately. This position is upheld
for the reasons outlined within the response provided on 17^th October
2019, and explained further as follows:

Should it take a minimum of 5 minutes to identify which individuals were
employed during the years and check these against PNC, for 10000 employees
this would equate to in excess of 833 hours of work for each year.
Therefore the cost of compliance with the request is above the amount to
which we are legally required to respond, i.e. the cost of locating and
retrieving the information would exceed the appropriate costs limit under
section 12(1) of the FOI Act 2000.

Also, your initial request was for details for officers or police staff
who were convicted of a crime. I note that you have now included above
reference to those found guilty of a misconduct hearing. Please be advised
that as this information was not requested in your initial request it was
not searched for. Should you wish to receive misconduct information please
submit a new request, this will then 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.

 

To address your other points, I note that that you have received some
completed responses from some other police forces in the UK. But you have
also been advised by some police forces that they also cannot supply the
information requested as it is not held by them in a retrievable format
e.g. Wiltshire Police, City of London Police, Hampshire Police, Police
Scotland etc

 

Police forces in the United Kingdom are routinely required to provide data
to government bodies and the recording criteria is set nationally.
However, the systems used for recording this data are not generic, nor are
the procedures used in capturing data common to all police forces. It
should be noted that for these reasons this force's response to your
questions should not be used for comparison purposes with any other
response you may receive.

 

I hope that this is of assistance

 

Your attention is drawn to the below which details your right of
complaint.

 

 

Yours sincerely,

 

 

Mrs R Williams

 

Freedom of Information Unit

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF

 

 

59614 Rebecca Williams l FOI Manager

Lloyd House l West Midlands Police

T: 101 (ext 801 2068)

Preventing crime, protecting the public and helping those in need.

[1]If it’s not 999, search WMP Online

[2]twitter icon [3]Instagram Icon [4]YouTube Icon [5]Facebook icon

[6]View all our social network links

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

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4. http://www.youtube.com/westmidlandspolice
5. http://www.facebook.com/westmidlandspolice
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