Op Hitherto

The request was partially successful.

Dear Avon and Somerset Constabulary,

Around February 2017 Avon and Somerset Constabulary was using an active email mailbox titled #Op Hitherto.

1 What was the purpose, remit and terms of reference of the
operation
2 What dates it ran
3 Who the employee was in charge and how many employees were on the operation
4 Why the operation was instigated
5 Why was the name chosen and whether it had always had that name or whether there were connected operations
6 The disclosure of any and all electronic records (emails, memos, reports, conclusions) related to #Op Hitherto

Yours faithfully,

Iain Lackford

#Freedom of Information Requests, Avon and Somerset Constabulary

Thank you for your request for information. Your request will now be considered and you will receive a response within the statutory timescale of 20 working days as defined by the Act. In some circumstances Avon and Somerset Constabulary may be unable to achieve this deadline if consideration needs to be given to the public interest test. If this is likely you will be informed and given a revised time-scale at the earliest opportunity.

#Freedom of Information Requests, Avon and Somerset Constabulary

Corporate Information Management Department

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Email [email address]    

 

 

 

 

Iain Lackford Our Reference 1250/17

[1][FOI #438177 email]
Date 09 November
  2017

 

Dear Mr Lackford

 

I regret to inform you that Avon and Somerset Constabulary have not been
able to complete its response to your request by the date originally
stated. 

 

I now advise you that the amended date for a response is no later than
7^th December.  This is due to consideration being given to the
application of a qualified exemption, and as such will require further
consideration regarding the public interest test.  I can assure you that
every effort will be made to ensure an appropriate response will be made
within this new timescale.

 

May I apologise for any inconvenience caused and thank you for your
request.

 

Yours sincerely

 

Michelle Radcliffe

Freedom of Information Officer

Corporate Information Management Department

 

 

Please note:

1.     Requests and responses may be published on Avon and Somerset
Constabulary’s website (within 24 hours), some of which may contain a link
to additional information, which may provide you with further
clarification.

2.     Whilst we may verbally discuss your request with you in order to
seek clarification, all other communication should be made in writing.

3.     Avon and Somerset Constabulary provides you with the right to
request a re-examination of your case under its review procedure (copy
attached).

 

 

 

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Dear #Freedom of Information Requests,

I note the extension to the request and that there are provisions to allow for this under the Freedom of Information Act.

My understanding is that there shall be underlying assumption that information can be released unless the public interest in withholding can be shown to be greater than the public interest in release

I have no public curiosity about this subject as I have no understanding what Operation Hitherto relates to. Therefore by disclosing the terms of reference of the purpose of Operation Hitherto there will be further public understanding of key policy proposals or decisions, as well as promoting accountability and transparency about the decisions taken by public authorities and about the use of public money.

Information that prevents the public being misled Information that reveals a crime or prevents one being committed; or that reveals or prevents misconduct or a miscarriage of justice , are all positives to weigh towards disclosure. Embarrassment or wrongdoing on your part is not a reason to apply exemption to not disclose.

The public does not know whether Operation Hitherto is a live criminal investigation or not. The ICO have made previous decisions on this matter and in each case the purpose of the operation was known, ignoring whether or not the ICO upheld the complaint.

For example in the decision notice FS50547733 the Met had already disclosed the purpose of the operations being asked about as concerning ongoing historic child abuse operations:

“Operations Fairbank and Operation Fernbridge are ongoing
investigations concerning child abuse. Operation Cayacos is a
strand of these investigations. The Enquiry Team is based at the
MPS Empress State Building in Earls Court. Information regarding
Operation Fairbank and Operation Fernbridge is in the public
domain.

Three Operations, all active investigations, were stated in a single sentence.

An answer on this level would be sufficient to answer Q1 of my request.
Similarly Questions 2, 4 and 5 can be answered without undermining any current criminal investigation (if indeed Op Hitherto is a criminal investigation and whether it is active)

Yours sincerely,

Iain Lackford

#Freedom of Information Requests, Avon and Somerset Constabulary

1 Attachment

Corporate Information Management Department

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Email [email address]    

 

 

 

 

Iain Lackford Our Reference 1250/17

[1][FOI #438177 email]
Date 04 December
  2017

 

Dear Mr Lackford

 

I write in connection with your request for information dated 12^th
October 2017 under the Freedom of Information Act.

 

Specifically you asked:

Around February 2017 Avon and Somerset Constabulary was using an active
email mailbox titled #Op Hitherto. 

 

1.    What was the purpose, remit and terms of reference of the operation

2.    What dates it ran

3.    Who the employee was in charge and how many employees were on the
operation

4.    Why the operation was instigated

5.    Why was the name chosen and whether it had always had that name or
whether there were connected operations

6.    The disclosure of any and all electronic records (emails, memos,
reports, conclusions) related to #Op Hitherto

 

Our response:

Thank you for your further email detailing your considerations concerning
the public interest in disclosure.

You do state in that email “I have no public curiosity about this subject
as I have no understanding what Operation Hitherto relates to.”  This does
beg the question why have you requested the information, however in this
instance your motivation for requesting the information is not relevant
and a decision has been reached that the information will be disclosed.

 

In respect of the recorded information held, the purpose of #Op Hitherto
was to create a central inbox to manage Injury on Duty correspondence and
allow legal advice to be sought.

 

Julian Kern is recorded as the Officer in Charge for the purpose of the
Operations list and the name #Op Hitherto was provided by Operations as
the next name on the list. The date this was assigned was 19^th October
2016. 

 

There is no further recorded information in respect of Q1-5. 

 

I am not obliged to provide a response to Q6, the exemption applicable to
this is Section 40(2), third party personal information. This is an
Absolute exemption so therefore there is no requirement to conduct a harm
or public interest test. Any information is exempt from disclosure under
the Freedom of Information Act if it relates to or is supplied by another
individual and disclosure of that information would contravene any of the
principles of the 1998 Data Protection Act, in this particular case,
disclosure of this information would contravene Principles 1 and 2 of the
Act, whereby personal data shall be processed fairly and lawfully and only
obtained for one or more specified purpose or purposes.

 

Yours sincerely

 

Rebecca Pritchard

Freedom of Information Officer

Corporate Information Management Department

 

 

Please note:

1.     Requests and responses may be published on Avon and Somerset
Constabulary’s website (within 24 hours), some of which may contain a link
to additional information, which may provide you with further
clarification.

2.     Whilst we may verbally discuss your request with you in order to
seek clarification, all other communication should be made in writing.

3.     Avon and Somerset Constabulary provides you with the right to
request a re-examination of your case under its review procedure (copy
attached).

 

 

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