Police Misconduct and Gross Misconduct Notices issued
Dear West Midlands Police,
I am making this request for information pursuant to FOIA 2000.
1. I would like to know how many of your officers have been issued with misconduct / gross misconduct notices during August 2017 to January 2018.
2. Details for what type of notice was issued, the date of each notice served.
3. Details of the allegations being investigated for each notice.
4. Details of rank of each officer issued with notice.
5. How many of the notices relate to the same case-s.
I would like to stress that I am not requesting any personal information that would identify any of the officers, just the rank of each officer.
Yours faithfully,
Dorian Chan
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Dear Dorian Chan
FOI Request Reference: 001375/18
Thank you for your request for information, received 06/02/2018
REQUEST
1. I would like to know how many of your officers have been issued with
misconduct / gross misconduct notices during August 2017 to January 2018.
2. Details for what type of notice was issued, the date of each notice
served.
3. Details of the allegations being investigated for each notice.
4. Details of rank of each officer issued with notice.
5. How many of the notices relate to the same case-s.
I would like to stress that I am not requesting any personal information
that would identify any of the officers, just the rank of each officer.
I am writing to ask you to clarify your request. This is because we need
further details from you in order to identify and locate the information ,
Which type of notice are you referring to?
We issue numerous different types of notices to officers throughout
misconduct/gross misconduct investigations
For example
The main notices that we use at different stages are:
· Reg 15/16 – notifies officer(s) that they are under
investigation
· Reg 21 – notifies the officer(s) that they are required to
attend a hearing (for potential gross misconduct) or a meeting (for
potential misconduct)
· Reg 43 – notifies the officer(s) that they are required to
attend a special case hearing
· Reg 36 – notifies the officer(s) of the outcome from the
hearing/meeting
Therefore I should be grateful if you confirm what notices you would like
us to search our systems for?
Please contact me if you need assistance with this.
To enable us to proceed with your request I would be grateful if you could
provide the clarification outlined above. After receiving your reply, your
request will be considered and you will receive a response within the
statutory timescale of 20 working days, as defined by the Act, subject to
the application of any statutory exemptions. If you choose not to respond
then your request will remain unanswered.
For further information and data on West Midlands Police see our
publication scheme and disclosure log
[1]http://foi.west-midlands.police.uk/
If you need any further information please contact me.
Yours sincerely,
Michelle Richardson
Freedom Of Information Unit
Corporate Communications
To report crime and anti-social behaviour which does not require an
emergency response, please call 101. In an emergency, dial 999
Landline Ext 801 2068
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Dear Freedom of Information,
Thank you for your email. could you please provide me with the details of all the misconduct/ gross misconduct notices as below:-
Reg 15/16 – notifies officer(s) that they are under
investigation
· Reg 21 – notifies the officer(s) that they are required to
attend a hearing (for potential gross misconduct) or a meeting (for
potential misconduct)
· Reg 43 – notifies the officer(s) that they are required to
attend a special case hearing
· Reg 36 – notifies the officer(s) of the outcome from the
hearing/meeting
And for each of the above notices category, could you confirm the below
1. I would like to know how many of your officers have been issued with
misconduct / gross misconduct notices during August 2017 to January 2018.
2. Details for what type of notice was issued, the date of each notice
served.
3. Details of the allegations being investigated for each notice.
4. Details of rank of each officer issued with notice.
5. How many of the notices relate to the same case-s.
I would like to stress that I am not requesting any personal information
that would identify any of the officers, just the rank of each officer.
Yours sincerely,
Dorian Chan
Dear Freedom of Information,
Thank you for your email. However, i have responded to you on 09/02/18 already to clarify my requests. So I don't know why you are asking me the same questions again. Could you please provide me with the details of all the misconduct/ gross misconduct notices for each of the categories below:-
Reg 15/16 – notifies officer(s) that they are under
investigation
· Reg 21 – notifies the officer(s) that they are required to
attend a hearing (for potential gross misconduct) or a meeting (for
potential misconduct)
· Reg 43 – notifies the officer(s) that they are required to
attend a special case hearing
· Reg 36 – notifies the officer(s) of the outcome from the
hearing/meeting
And for each of the above notices category, could you confirm the below:-
1. I would like to know how many of your officers have been issued with
misconduct / gross misconduct notices during August 2017 to January 2018.
2. Details for what type of notice was issued, the date of each notice
served.
3. Details of the allegations being investigated for each notice.
4. Details of rank of each officer issued with notice.
5. How many of the notices relate to the same case-s.
I would like to stress that I am not requesting any personal information
that would identify any of the officers, just the rank of each officer.
Yours sincerely,
Dorian Chan
Good Afternoon Mr Chan ,
Thank you for your e-mail , I have only sent one request for you to clarify the request on 09/02/2018 which you provided a response on 09/02/2018 .
If this is showing multiple times on your account, you may want to contact the website you use highlighting this as an error as we have only sent one e-mail .
Hope this clarifies .
Kind regards
Michelle
Dear Freedom of Information,
Thank you for your clarification.
So I presume that you are able to respond to my request within the statutory time frame?
Yours sincerely,
Dorian Chan
Dear Ms. Chan
FOI Request Reference: 001375/18
Thank you for your request for information, received 06/02/2018 and
Clarification received on 09/02/2018.
Request and Clarification
Could you please provide me with the details of all the misconduct/ gross
misconduct notices as below:-
Reg 15/16 – notifies officer(s) that they are under investigation
Reg 21 – notifies the officer(s) that they are required to attend a
hearing (for potential gross misconduct) or a meeting (for potential
misconduct)
Reg 43 – notifies the officer(s) that they are required to attend a
special case hearing
Reg 36 – notifies the officer(s) of the outcome from the hearing/meeting
And for each of the above notices category, could you confirm the below
1. I would like to know how many of your officers have been issued with
misconduct / gross misconduct notices during August 2017 to January 2018.
2. Details for what type of notice was issued, the date of each notice
served.
3. Details of the allegations being investigated for each notice.
4. Details of rank of each officer issued with notice.
5. How many of the notices relate to the same case-s.
I would like to stress that I am not requesting any personal information
that would identify any of the officers, just the rank of each officer.
RESPONSE
Our data are not organised in such a way as to allow us to provide this
information,
We don’t record the notices served directly against the subject or
allegation.
There is no way of knowing which allegations each notice is against, and
also the rank of the officers involved. This is because there are some
cases where there are multiple officers listed, but not all have had
notices served against them.
Please note that researching each individual case would exceed the
appropriate limit (FOIA, s.12 (1)).
Therefore, the cost of compliance with 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 of the Freedom of information 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
A public authority which, in relation to any request for information, is
relying on a claim that section 12 or section 14 applies must, within the
time for complying with Section 1(1), give the applicant a notice stating
that fact. In accordance with the Freedom of Information Act 2000, this
letter acts as a refusal notice.
However rather than refusing your request outright at this stage, I would
like to explore with you how West Midlands Police may best assist you to
request relevant information which we hold. Within the cost limit we could
the conduct the following
The numbers of notices between August 2017 and January 2018: broken down
by regulation code 15 / 16 / 21 / 36 and 43.
The number of notices that have come from the same case between August
2017 and January 2018.
Please note that any located information might be subject to the
application of exemptions under the Act
As recommended as good practice by the Information Commissioner’s Office a
version of this response may be published on the West Midlands Police
website.
For further information and data on West Midlands Police see our
publication scheme and disclosure log:
[1]http://foi.west-midlands.police.uk/
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 20 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.
If you require any further information, then please do not hesitate to
contact me.
Yours sincerely,
Michelle Richardson
Freedom Of Information Unit
Corporate Communications
To report crime and anti-social behaviour which does not require an
emergency response, please call 101. In an emergency, dial 999
Landline Ext 801 2068
[3][email address]
Website: [4]http://www.west-midlands.police.uk/
WMNow: [5]www.wmnow.co.uk/
Twitter: [6]www.twitter.com/wmpolice
Facebook: [7]www.facebook.com/westmidlandspolice
YouTube: [8]www.youtube.com/westmidlandspolice
Flickr: [9]www.flickr.com/westmidlandspolice
[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. http://foi.west-midlands.police.uk/
2. http://foi.west-midlands.police.uk/revie...
3. mailto:[email address]
4. http://www.west-midlands.police.uk/
5. https://www.wmnow.co.uk/
6. http://www.twitter.com/wmpolice
7. http://www.facebook.com/westmidlandspolice
8. http://www.youtube.com/westmidlandspolice
9. http://www.flickr.com/westmidlandspolice
10. http://www.west-midlands.police.uk/conta...
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