Outside force investigations

Neil Wilby made this Freedom of Information request to North Yorkshire Police, Fire and Crime Commissioner

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear North Yorkshire Police and Crime Commissioner,

Please provide the following details of all outside police force investigations requested by NYOPCC since 1st December 2012.

Date requested

Force (or policing body) appointed to investigate

Operational name

Terms of reference

Budget agreed

Date finalised

Final cost

Yours faithfully,

Neil Wilby

Thank you very much for your email.

 

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Julia Mulligan

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Civil Disclosure,

Classification: PROTECT

Good afternoon,

 

I write in connection with your request for information which was received
by the Office of the Police and Crime Commissioner for North Yorkshire on
10 August as detailed below.

 

Please provide the following details of all outside police force
investigations requested by Chief Constable since 1st December 2012.

Date requested

Force (or policing body) appointed to investigate

Operational name

Terms of reference

Budget agreed

Date finalised

Final cost

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). Your request will be dealt with by the
Legal Services Department, which serves North Yorkshire Police and the
Office of the Police and Crime Commissioner for North Yorkshire, however
before we can proceed with your request I would be grateful if you could
please confirm what you mean by outside police force investigations?

 

Should you have any queries concerning this matter, please write quoting
the reference number above.

 

Regards

Kathryn Laverick
Collar Number 3728
Legal Officer (Civil Disclosure)
Joint Corporate Legal Services
North Yorkshire Police 

Committed to the Code of Ethics

Dial 101, press option 2 and ask for me by my full name or collar number. 
If using my collar number please state each number individually

 

Web: [1]www.northyorkshire.police.uk

Facebook: facebook.com/NorthYorkshirePolice

Twitter: twitter.com/NYorksPolice

 

PROTECT

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References

Visible links
1. http://www.northyorkshire.police.uk/

Dear Civil Disclosure,

With regard to explaining what an outside police force investigation comprises perhaps the best way is to provide you with two examples of articles I have written about such investigations and in which your present Chief Executive has been directly involved:

Operation Lamp
https://neilwilby.com/2015/11/18/operati...

Operation Redbone
https://neilwilby.com/2015/11/18/operati...

If you require any other details or explanation please do not hesitate to let me know.

Yours sincerely,

Neil Wilby

Civil Disclosure,

Classification: PROTECT

Dear Mr Wilby,

Further to your email below, I therefore understand your requests 447.2016-17 and 449.2016-17 to relate to peer reviews, eg external Forces who have been asked to review North Yorkshire Police Force investigations.

If this is incorrect, please let me know.

Kind Regards

Liz

Liz Fryar
Collar Number 4437
Legal Officer – Civil Disclosure
Joint Corporate Legal Services
North Yorkshire Police

Please note my normal working days are Tuesday, Wednesday, Thursday and Friday.

Dial 101, press option 2 and ask for me by my full name or collar number. If using my collar number please state each number individually.

www.northyorkshire.police.uk

Committed to the Code of Ethics

THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT ASKING JOINT CORPORATE LEGAL SERVICES

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Dear North Yorkshire Police and Crime Commissioner,

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

I am writing to request an internal review of North Yorkshire Police and Crime Commissioner's handling of my FOI request 'Outside force investigations'.

The grounds for the review are as follows:

1. The request has not been finalised within the 20 working day period as required.

2. The data controller's failure to respond to this request, in accordance with the Act, will go further to the evidence of misfeasance and discrimination already pleaded in the county court claim (C5QZ21V8) in which I am claimant and the Commissioner is defendant.

3. In the Defence to that claim, filed at court and served on me on 15th July, 2016, it is stated unequivocally that:
a. NYPCC have never breached the Freedom of Information Act
and perversely, given that above statement:
b. All future requests made by me will be dealt with by North Yorkshire Police in a compliant manner.

Accordingly, I require an explanation as to why the data controller has deliberately set out to deceive both the court and myself.

4. The response to this review is due for finalisation before that hearing. It would, of course, go further to the evidence in that claim if you choose not to comply.

5. The article that has been written about the persistent non-compliance and the court case will be updated accordingly:

https://neilwilby.com/2016/06/10/chief-c...

I am meeting with Julia Mulligan this afternoon - I will draw this email to her personal attention.

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

Yours faithfully,

Neil Wilby

Neil

Thank you for your question. I have passed it on to our Civil Disclosure team.

Simon

Simon Jones
Digital Engagement Officer

Office of the Police & Crime Commissioner for North Yorkshire
12 Granby Road | Harrogate | North Yorkshire | HG1 4ST
: 01423 569 562 | :  [email address]

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Thanks, Simon.

I'm grateful, once again.

Kind regards

Neil.

Civil Disclosure,

Classification: PROTECT

Dear Mr Wilby,

Thank you for your Internal Review request, which has now been logged.

If you have any queries regarding this request then please quote 449.2016-17 IR on your correspondence.

Regards

Caroline Williams
Legal Officer (Civil Disclosure)
Collar Number 5982
Joint Corporate Legal Services
North Yorkshire Police

Committed to the Code of Ethics

Dial 101, press option 2 and ask for me by my full name or collar number. If using my collar number, please state each number individually.

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Dear Civil Disclosure,

A S50 complaint has now been logged with the Information Commissioner's Office.

The grounds for complaint are:

1. Information request still not finalised at the date of this complaint.

2. Internal review request not finalised within 20 days. Whilst this is not a statutory requirement, it forms part of ACPO Authorised Professional Practice (APP) for Freedom of Information Act (FOIA) requests which, is in turn, embedded in the College of Policing Code of Ethics (Police Act 1996 S39(5)). Every communication from the data controller (DC) carries the strapline 'Committed to the Code of Ethics'. The requester submits that, in his extensive experience, no public authority with which he deals regularly, as an accredited investigative journalist, has a more flagrant disregard of the Code of Ethics (and APP) than North Yorkshire Police. The evidence of that is plain to see both within, and away from, the requesters own threads on the WhatDoTheyKnow website. Anecdotally, it is said by a police whistleblower that this DC has no intention of complying with FOIA (or APP) unless information requesters 'kick up a fuss'. The number of non-compliant requests finalised in the past three years (1,558) by this DC appear to bear that out.

3. This ground for complaint should be resolved in the context that this DC has gone to considerable lengths, in legal proceedings, to deny that information requests, or internal reviews, are EVER finalised in a non-compliant manner.

4. The DC further claims in his Defence filed in those proceedings that all future requests would be finalised in a compliant manner.

5. The DC had also claimed that all the requesters requests were 'vexatious' - a claim later admitted to be a lie by the DC's solicitor.

More details of the civil claim can be found here. The requester is claimant and the DC is the defendant in those proceedings:

https://neilwilby.com/2016/06/10/chief-c...

6. The requester submits that the events at 1 to 5 are part of a wider campaign against the requester by the DC to vex, annoy and harass. There have been repeated complaints by the requester to the DC over the past six months to this effect. This includes deliberately delaying requests (and internal reviews) for weeks and months, discrimination (preferring to finalise other requests ahead of those made by this requester) irrational and perverse finalisations, publishing personal information about the requester. Since it became clear that the county court claim would proceed to a hearing, matters between the requester and DC have deteriorated markedly.

Yours sincerely,

Neil Wilby

Fryar, Liz,

Dear Mr Wilby,

I apologise that you have not yet received a response to this request. We are continuing to research it and will send you a full response in due course.

Thank you for your patience.

Kind Regards

Liz

Liz Fryar
Collar Number 4437
Legal Officer – Civil Disclosure
Joint Corporate Legal Services
North Yorkshire Police

Please note my normal working days are Tuesday, Wednesday, Thursday and Friday.

Dial 101, press option 2 and ask for me by my full name or collar number. If using my collar number please state each number individually.

www.northyorkshire.police.uk

Committed to the Code of Ethics

THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT ASKING JOINT CORPORATE LEGAL SERVICES

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Dear North Yorkshire Police and Crime Commissioner,

Your post of 19th October is noted.

Are you still 'continuing to research' this request made on 10th August, 2016?

Yours faithfully,

Neil Wilby

Fryar, Liz,

1 Attachment

Good afternoon,

 

Please see attached response to your request for information
(449.2016-17),

 

Kind Regards

 

Liz

 

Liz Fryar

Collar Number 4437

Legal Officer – Civil Disclosure

Joint Corporate Legal Services

North Yorkshire Police

 

Please note my normal working days are Tuesday, Wednesday, Thursday and
Friday.

 

Dial 101, press option 2 and ask for me by my full name or collar number.
If using my collar number please state each number individually.

 

[1]www.northyorkshire.police.uk

 

 

Committed to the Code of Ethics

 

THIS EMAIL AND ANY ATTACHMENT(S) MAY BE SUBJECT TO LEGAL PROFESSIONAL
PRIVILEGE - PLEASE DO NOT DISCLOSE THE CONTENT TO ANYONE ELSE WITHOUT
ASKING JOINT CORPORATE LEGAL SERVICES

 

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References

Visible links
1. http://www.northyorkshire.police.uk/

Bates, Robert,

1 Attachment

Good afternoon,

 

Please find attached the Office of the Police and Crime Commissioner’s
response to your Freedom of Information Internal review Request referenced
IR449.2016-17.

 

Kind regards,

 

Robert Bates

Collar Number 5480

Legal Officer (Civil Disclosure)

North Yorkshire Police

 

Committed to the Code of Ethics

 

Dial 101, press option 2 and ask for me by my full name or collar number.
If using my collar number please state each number individually.

 

Web: [1]www.northyorkshire.police.uk

Facebook: [2]www.facebook.com/NorthYorkshirePolice

Twitter: [3]www.twitter.com/NYorksPolice

 

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References

Visible links
1. http://www.northyorkshire.police.uk/
2. http://www.facebook.com/NorthYorkshirePo...
3. http://www.twitter.com/NYorksPolice

Dear North Yorkshire Police and Crime Commissioner,

I refer to your finalisation of the first internal review (there will be a second internal review submitted following the belated finalisation of the request on 4th January, 2017.)

The following points will now be raised with the Information Commissioner, over and above the complaint already made to them on 10th October, 2016.

1. I have a genuinely held belief that 'Robert Bates' is a pseudonym used by NYPCC/NYP Joint Corporate Services. That belief is supported by the following:

a. 'Robert Bates' has, unreasonably, declined to provide details of his identity to another information requester on this website. Read here: https://www.whatdotheyknow.com/request/k...

and, b. furthermore, he has yet to complete any email transaction between us. They are usually taken over by another civil disclosure officer.

2. Unless and until 'Robert Bates' establishes satisfactorily that he does, in fact, exist then, hereafter, any communication from him will be regarded by me as a nullity.

3. Irrespective of whether 'Robert Bates' exists or not, the finalisation of the internal review is another exercise by NYPCC in pointless sophistry. Designed, presumably, with the regular purpose in mind. Which is to vex, annoy and harass me at every opportunity and frustrate my vocation as an investigative journalist.

4. The complaints raised at question 3 in the first internal review relate directly to the data controller's responsibilities under the Act. Both myself as requester, and the the public in the wider sense, are entitled to receive an explanation as to why a data controller would spend over £20,000 of public money with an external firm of solicitors to tell lies on her behalf about the past, present and future performance of her civil disclosure department.

5. It does not fall to a data controller, much less when she is an elected representative, to pick and choose what complaints she answers, or ignores. A blank refusal, without any supporting rationale, does not discharge her responsibilities under the Act.

Yours faithfully,

Neil Wilby
Investigative journalist