Police Constable Thomas Blake 1131

Neil Gilliatt (Account suspended) made this Freedom of Information request to Humberside Police

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Response to this request is long overdue. By law, under all circumstances, Humberside Police should have responded by now (details). You can complain by requesting an internal review.

Neil Gilliatt (Account suspended)

Dear Humberside Police,

I would like disclosing details of all or any complaints made against Police Constable Thomas Blake 1131, including any from officers serving with Humberside police or any other police force.

[potentially defamatory material removed]

On reflection, I would like this request to also include a second element which is to ask for all or any information relating to any officer serving with Humberside police who has (or has been accused of) inciting a police officer to commit perjury.

Yours faithfully,

Neil Gilliatt

Information Compliance,

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Waller, Paul 8065, Humberside Police

1 Attachment

Your Ref:
Our Ref:F-2015-01246

28 October, 2015

Dear Sir,

Thank you for your request for information regarding complaints about an officer with this force.

This is to inform you that your request has been considered and a relevant response has been attached.

Should any further information be requested regarding this topic, a separate request will need to be submitted.

If I can be of any further assistance on this matter please do not hesitate to contact me.

Yours sincerely,

Paul Waller
Information Compliance Officer
Humberside Police
Corporate Development Branch
Information Compliance Unit
Police Headquarters
Priory Road
Kingston Upon Hull
HU5 5SF
Tel: 101 ext 3326

Internet Email should not be treated as a secure means of communication. To ensure regulatory compliance Humberside Police monitors all Internet Email activity and content. This communication is intended for the addressee(s) only. Unauthorised use or disclosure of the content may be unlawful. If you are not a named addressee, you must not disclose, copy, print, or in any other way use or rely on the data contained in this transmission. If received in error you should notify the sender immediately and delete this Email Humberside Police routinely checks e-mails for computer viruses. However addressees are advised to conduct their own virus checks of all e-mails, & any attachments). Opinions expressed in this document may not be official policy. Thank you for your co-operation. Humberside Police

Neil Gilliatt (Account suspended) left an annotation ()

Dear Sir,

FREEDOM of INFORMATION ACT 2000 Reference No: F-2015-01246

Thank you for your request for Information, received at this office on 01 October, 2015, in which you requested details of the following:

I would like disclosing details of all or any complaints made against Police Constable Thomas Blake 1131, including any from officers serving with Humberside police or any other police force.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

On reflection, I would like this request to also include a second element which is to ask for all or any information relating to any officer serving with Humberside police who has (or has been accused of) inciting a police officer to commit perjury.

The Freedom of Information Act requires that this request is dealt with in a manner that is motive and applicant blind. A disclosure under this legislation is considered a disclosure to the world and is considered to be on the basis that it is in the public interest.

This response is unique to Humberside Police and you are advised not to compare this like for like with any other force’s response you receive.

Humberside Police Response

Your request for information has now been considered and I am not obliged to supply the information you have requested by virtue of Section 40(5) of the Freedom of Information Act – Personal Information

Section 17 of the Freedom of Information Act 2000 requires Humberside Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:
(a) states that fact;
(b) specifies the exemption in question and
(c) states (if that would not otherwise be apparent) why the exemption applies.

The exemption applicable to the information is Absolute stating

In accordance with the Act, this letter represents a Refusal Notice for this particular request. This action cannot be taken as confirmation or denial that Humberside Police holds the information you have asked for.

I am citing Section 40(5) - Personal Information as my exemption,

(5) The duty to confirm or deny -
(a) does not arise in relation to information which if it were held by the public authority would be exempt information by virtue of subsection (1), and
(b) does not arise in relation to other information if or to the extent that either –
(i) the giving to a member of the public of the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) contravene any of the data protection principles or section 10 of the Data Protection Act 1998, or would do so if the exemptions in section 33A(1) of that Act were disregarded Humberside Police can neither confirm nor deny it holds the information you have requested as the duty in Section 1(1) (a) of the Freedom of Information Act 2000 does not apply, by virtue of the Section 40 (5) Personal Information exemption.

However this should not be taken as conclusive evidence that the information you have requested exists or does not exist.

If information requested under the Freedom of Information legislation is the personal data of the data subject, an absolute exemption is automatically applicable to the request, furthermore there is no requirement for a public authority to consider whether the public interest favours disclosure where the information falls within the scope of the exemption. If we were to disclose personal data under the Freedom of Information Act that we may or may not hold, theoretically anyone in the world could request and receive personal information of anyone they may please. With this in mind, Freedom of Information is not the lawful or appropriate method of access to the data that you require.

Should you need to discuss this further please contact Paul Waller, Information Compliance Officer on the above details.

Yours faithfully,

Paul Waller
Information Compliance Officer
Information Compliance Unit - Humberside

Neil Gilliatt (Account suspended)

Dear Waller, Paul 8065,

Can you please take a second look at the request I submitted as I believe from the quote below that you mistakenly believe I've asked for information relating to myself:

"If information requested under the Freedom of Information legislation is the personal data of the data subject, an absolute exemption is automatically applicable to the request, furthermore there is no requirement for a public authority to consider whether the public interest favours disclosure where the information falls within the scope of the exemption."

An exemption applied under section 40 of the FOIA 2000 (the "Act") is only absolute if the personal data is about the person requesting the information, Section 40(1). I'm categorically not asking for my own personal information.

I'm asking for personal information about a third party (Section 40(2) under the Act), as such if Humberside police want to apply an exemption, it would be a "qualified exemption" requiring the public interest test.

Then a request can only be refused if disclosure would breach any of the 8 data protection principles (the Data Protection Act 1998). Even then, an exemption should not be used as a means of sparing officers embarrassment.

See below quoted from Information Commissioner guidance:

(Freedom of Information Act Awareness Guidance No 1)

"Private or Public Lives?

In thinking about fairness, it is likely to be helpful to ask whether the information relates to the private or public lives of the third party. Information which is about the home or family life of an individual, his or her personal finances, or consists of personal references, is likely to deserve protection. By contrast, information which is about someone acting in an official or work capacity should normally be provided on request unless there is some risk to the individual concerned.

While it is right to take into account any damage or distress that may be caused to a third party by the disclosure of personal information, the focus should be on damage or distress to an individual acting in a personal or private capacity. The exemption should not be used, for instance, as a means of sparing officials embarrassment over poor administrative decisions."

Yours sincerely,

Neil Gilliatt

Waller, Paul 8065,

Mr Gilliatt

I can confirm that after reviewing my response, I have not mistakenly believed or interpreted that you are asking for information about yourself.

You are asking for personal information regarding an individual (in this case an officer with this force) and the Freedom of Information Act caters for such requests.

You have stated and therefore made PC1131 Thomas Blake the data subject and we are not obliged to process your request under Section 40 of the Act

Regards

Paul Waller
Information Compliance Officer
Corporate Development Branch
Clough Road Police Station
Clough Road
HULL
HU5 1SW
Tel 101 ext 3326

show quoted sections

Neil Gilliatt (Account suspended)

Dear Waller, Paul 8065,

It might be that I have made a mistake or the FOI Act has been amended since I last looked but an absolute exemption is only automatically applicable to the request if the personal data of the data subject is the personal data of the person making the request. In those circumstances, that person would then have to submit a subject access request to obtain his own information.

If the force wishes to apply an exemption in these circumstances then there is a requirement for it to consider whether the public interest favours disclosure. For the sake of everyone's time, please be clear about your claim to the contrary and provide supporting evidence.

Yours sincerely,

Neil Gilliatt

Waller, Paul 8065,

Mr Gilliatt
 
Requests for information about 3rd parties are covered by the FOI Act, but
Data Protection principles apply. For this type of request there is a need
to consider whether disclosure contravenes the data protection principles
and the lawful processing of data. I believe your request for personal
data relating to a member of this force contravenes principle one.
 
Please refer to Section 40 of the Freedom of Information Act and in
particular the Data Protection Principles of which there are 8.
 
If the request for information relates to third parties, it is absolute if
disclosure would breach any of the data protection principles and also if
the request relates to data held by the data subject, Section 40 is
applied.
 
The first principle 'data must be fairly and lawfully processed' is the
most relevant to decision making under the Freedom of Information Act.
When processing a request, the decision should be taken as to whether the
disclosure is 'fair' to the data subject. Whether any information is held
or not in relation to your request, after considering your request for
information, I decided that it would not be ‘fair’ to the data subject, as
they are a living individual who can be identified.
 
This force will never release personal/sensitive personal data relating to
any individual that may be held.
 
If a request was received by this force for information relating to Neil
Gilliatt, would you expect us to release it under the Freedom of
Information Act? I would think not and that is correct.
 
Regards
 
 
Paul Waller
Information Compliance Officer
Corporate Development Branch
Clough Road Police Station
Clough Road
HULL
HU5 1SW
Tel 101 ext 3326
 
 
 
 
 
Requests for information about 3^rd parties are covered by the FOI Act,
but Data Protection principles apply. For this type of request there is a
need to consider whether disclosure contravenes the data protection
principles and the lawful processing of data. I believe your request for
personal data relating to a member of this force contravenes principle
one.

show quoted sections

Neil Gilliatt (Account suspended)

Dear Waller, Paul 8065,

There would be an overriding public interest for disclosure if, for example, the information requested related to a 'police officer' inciting a witness to commit perjury. That goes without saying I would think.

Yours sincerely,

Neil Gilliatt

Neil Gilliatt (Account suspended)

Dear Waller, Paul 8065,

Response to this request is delayed. By law, Humberside Police should have responded by 28 October 2015.

Yours sincerely,

Neil Gilliatt

Waller, Paul 8065,

Mr Gilliatt

I have rechecked the records in relation to your request.

According to our case management system, a response was due 29 October 2015 and a reply was forwarded to your what do they know.com account within the 20 days. It cites section 40 - Personal Information as you were asking for the personal information for a member of this staff.

We now consider this response closed

Regards

Paul Waller
Information Compliance Officer
Corporate Development Branch
Clough Road Police Station
Clough Road
HULL
HU5 1SW
Tel 101 ext 3326

show quoted sections

Neil Gilliatt (Account suspended)

Dear Waller, Paul 8065,

Whilst not having made a decision about what course of action to take regarding Humberside police's refusal to comply with the FOI Act with respect to the first element of my request, there is still the matter of the second which has asked for information that doesn't raise any issue about personal information.

As far as I can recall Humberside police force has not yet dealt with the second part.

For a re-cap, the additional question is as follows:

"On reflection, I would like this request to also include a second element which is to ask for all or any information relating to any officer serving with Humberside police who has (or has been accused of) inciting a police officer to commit perjury."

You can leave out sufficient information to protect identities if you so wish.

Yours sincerely,

Neil Gilliatt

Neil Gilliatt (Account suspended)

Dear Waller, Paul 8065,

Response to this request is long overdue. By law, under all circumstances, Humberside Police should have responded by now.

Yours sincerely,

Neil Gilliatt

Waller, Paul 8065,

Mr Gilliatt

We responded on the 28th October 2015 to this request.

We now consider this file closed

Regards

Paul Waller
Information Compliance Officer
Corporate Development Branch
Clough Road Police Station
Clough Road
HULL
HU5 1SW
Tel 101 ext 3326

show quoted sections

Neil Gilliatt (Account suspended)

Dear Waller, Paul 8065,

See 8 November 2015 email.

"As far as I can recall Humberside police force has not yet dealt with the second part.

For a re-cap, the additional question is as follows:

"On reflection, I would like this request to also include a second element which is to ask for all or any information relating to any officer serving with Humberside police who has (or has been accused of) inciting a police officer to commit perjury."

You can leave out sufficient information to protect identities if you so wish."

Yours sincerely,

Neil Gilliatt

Waller, Paul 8065,

1 Attachment

Your Ref:
Our Ref:F-2015-01246

28 October, 2015

Dear Mr. Gilliatt,

Thank you for your request for information regarding officers accused of perjury

This is to inform you that your request has been considered and a relevant response has been attached.

Should any further information be requested regarding this topic, a separate request will need to be submitted.

If I can be of any further assistance on this matter please do not hesitate to contact me.

Yours sincerely,

Paul Waller
Information Compliance Officer
Humberside Police
Corporate Development Branch
Information Compliance Unit
Police Headquarters
Priory Road
Kingston Upon Hull
HU5 5SF
Tel 101 ext 3326

Internet Email should not be treated as a secure means of communication. To ensure regulatory compliance Humberside Police monitors all Internet Email activity and content. This communication is intended for the addressee(s) only. Unauthorised use or disclosure of the content may be unlawful. If you are not a named addressee, you must not disclose, copy, print, or in any other way use or rely on the data contained in this transmission. If received in error you should notify the sender immediately and delete this Email Humberside Police routinely checks e-mails for computer viruses. However addressees are advised to conduct their own virus checks of all e-mails, & any attachments). Opinions expressed in this document may not be official policy. Thank you for your co-operation. Humberside Police

Neil Gilliatt (Account suspended)

Dear Waller, Paul 8065,

Thank you for the information.

Can you please confirm that the allegations, of which there are 109 in total, relate to officers (or police staff) who have incited another officer serving with Humberside police to commit perjury.

My request was not very clear and I suspect it has been misunderstood.

Yours sincerely,

Neil Gilliatt

Waller, Paul 8065,

Mr Gilliatt

There is no way of establishing the detail of the allegations without accessing each and every file.

Perjury would be considered perjury, and as no allegations were found proven, I would have to question whether there would be any public interest in the allegations.

We now consider this request closed.

If you require further information from this force, a new request under the Freedom of Information Act would have to be submitted

Regards

Paul Waller
Information Compliance Officer
Information Compliance Unit
Corporate Development Branch
Clough Road
HULL
HU5 1SW
Tel 101 ext 3326

show quoted sections

Neil Gilliatt (Account suspended)

Dear Waller, Paul 8065,

"Perjury would be considered perjury, and as no allegations were found proven, I would have to question whether there would be any public interest in the allegations."

The fact that no allegations of perjury were found proven, does not mean there was no perjury, rather it would more likely suggest that the Professional Standards Branch dealing with the matter is as bent as the soviet sickle.

The request was for incitement to commit perjury in any event.

Yours sincerely,

Neil Gilliatt

Waller, Paul 8065,

Mr Gilliatt

Your request is now closed

I will not be responding further to your comments in relation to this request as we are unable to provide any further information

show quoted sections

Neil Gilliatt (Account suspended)

Dear Waller, Paul 8065,

You may consider that this request is now closed, I obviously don't consider it so and would like Humberside police to respond to my comment contained in my 18 December 2015 email (as below):

"The fact that no allegations of perjury were found proven, does not mean there was no perjury, rather it would more likely suggest that the Professional Standards Branch dealing with the matter is as bent as the soviet sickle."

Yours sincerely,

Neil Gilliatt

Humberside Police

2 Attachments

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References

Visible links
1. mailto:[email address]

Neil Gilliatt (Account suspended)

Dear Humberside Police,

I consider Humberside police has been given sufficient opportunity and time to deal with this request so I will now escalate the matter to the Information Commissioner.

Yours faithfully,

Neil Gilliatt

Information Compliance, Humberside Police

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Neil Gilliatt (Account suspended) left an annotation ()

Complaint sent to Information Commissioner's Office about Humberside Police failing to deal with my FoI request properly.

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

22/04/16

Dear Sir/Madam

RE: INDEPENDENT REVIEW OF FOI REQUEST TO HUMBERSIDE POLICE – Ref F-2015-01246

I made a freedom of information request to Humberside Police on 30 September 2015. Details can be found on the “what do they know” website at the following address:

https://www.whatdotheyknow.com/request/p...

You will see from the contents of the above that Humberside Police on 28 October 2015 refused the request on the grounds that it was not obliged to supply the information virtue of Section 40(5) of the Freedom of Information Act, i.e., it was personal Information.

I sought clarification on 1 Nov 2015 suspecting the force mistakenly understood the information related to myself as it was stated that the exemption applicable to the information is absolute and the public interest was not necessary. I considered it would be a "qualified exemption" requiring the public interest test as it was personal information about a third party. On that matter it was also contended that the public interest test would favour disclosure in that the information related to the public life of the officer as opposed his private life.

The force confirmed on 2 November that it had not been mistaken but maintained that the information was exempt and the public interest test was not required. Despite subsequent correspondence the force contended each argument and has refused to disclose the requested information.

My opinion is that an officer when acting as a police officer is an office holder who is not acting in a personal capacity. While an exemption might be appropriate under section 40(5) of the FOIA in certain circumstances, in these it should not and therefore the exemption can not apply.

Yours sincerely

Neil Gilliatt (Account suspended) left an annotation ()

From: casework@ ico.org.uk
To: [ng]@ .com
Sent: Thursday, May 19, 2016
Subject: Complaint to the ICO[Ref. FS50626236]

19th May 2016

Case Reference Number FS50626236

Dear Mr Gilliatt

I am writing to you regarding your complaint about the way in which Humberside Police (HP) handled your request of 30 September 2015:

“I would like disclosing details of all or any complaints made against Police Constable Thomas Blake 1131, including any from officers serving with Humberside police or any other police force.

On reflection, I would like this request to also include a second element which is to ask for all or any information relating to any officer serving with Humberside police who has (or has been accused of) inciting a police officer to commit perjury.”

I understand that there is some other information in this request but it has been edited out by WhatDoTheyKnow

It appears that a proper internal review was not carried out. Therefore I have contacted HP today and explained that it needs to do this within 20 working days from today's date ie: 17 June 2016.

This case has now been closed. However, if you do not receive a response within 20 working days please contact us quoting the reference number on this letter.

If you remain dissatisfied after HP's internal review and would like us to look into the matter, please contact us quoting the reference number and providing a copy of the internal review decision.
.....
I will now close your complaint.

Yours sincerely

Claire Walsh
Senior Case Officer
01625 545 309

Clement, Angela 8587, Humberside Police

2 Attachments

Your Ref:
Our Ref:F-2015-01246

28 September 2016

Dear Mr. Gilliatt,

Please find attached response to your internal review request.

I apologise for the apparent delay.

Yours sincerely

Miss A Clement
Senior Information Compliance Officer
Humberside Police
Police HQ
Priory Road
Kingston Upon Hull
HU5 5SF
Fax:+44 (1482) 305002

Internet Email should not be treated as a secure means of communication. To ensure regulatory compliance Humberside Police monitors all Internet Email activity and content. This communication is intended for the addressee(s) only. Unauthorised use or disclosure of the content may be unlawful. If you are not a named addressee, you must not disclose, copy, print, or in any other way use or rely on the data contained in this transmission. If received in error you should notify the sender immediately and delete this Email Humberside Police routinely checks e-mails for computer viruses. However addressees are advised to conduct their own virus checks of all e-mails, & any attachments). Opinions expressed in this document may not be official policy. Thank you for your co-operation. Humberside Police

Neil Gilliatt (Account suspended)

Dear Clement, Angela 8587,

Everyone seems to just make stuff up as they go along. How can Humberside police expect to be taken seriously?

Yours sincerely,

Neil Gilliatt

Neil Gilliatt (Account suspended) left an annotation ()

From: me
To: casework@ico.org.uk
Sent: October 10, 2016
Subject: Fw: Complaint to the ICO[Ref. FS50626236]

Dear [Senior Case Officer]

Humberside police eventually provided the response to the review, 28 September 2016 (see link below).

https://www.whatdotheyknow.com/request/2...

The force has refused to confirm or deny whether the information is held under (Section 40(5)) - Personal Information. I have provided my reasons why I contend this in my complaint to the Commissioner dated 22 April 2016.

"My opinion is that an officer when acting as a police officer is an office holder who is not acting in a personal capacity. While an exemption might be appropriate under section 40(5) of the FOIA in certain circumstances, in these it should not and therefore the exemption can not apply."

Yours sincerely