Police officers and police staff with criminal records

The request was refused by Metropolitan Police Service (MPS).

Dear Metropolitan Police Service (MPS),

Dear Metropolitan Police Service (MPS),

Please consider this communication as a request for information in accordance with the FOISA 2002.

How many current serving Metropolitan Police Officers and police staff have criminal convictions?

Please also supply a break down by crime.

Yours faithfully,

Miss Wilkes

Metropolitan Police Service (MPS)

Dear Madam,

Freedom of Information Request Reference No:2016110000058

I write in connection with your request for information which was received
by Metropolitan Police Service (MPS) on 01/11/2016.

DECISION

I have decided that, in accordance with Section 8 of the Freedom of
Information Act 2000 (the Act), your enquiry is not considered a valid
request.

REASON FOR DECISION

A request under the Act is required by statute to include your name and an
address for correspondence.  As you have not provided your NAME. I have
decided that the requirement outlined by Section 8(1)(b) has not been met.

NB: Your request shows that it's from 'Michelle Spud' but has been signed
off as 'Miss Wilkes'. Please confirm your name.

Please also see the below guidance and examples on valid names under the
the Freedom of Information Act 2000 (the Act):

According to ICO guidance:

The use of the phrase "the name of the applicant" in section 8(1)(b)
indicates that the real name of the applicant should be used when
requesting information and not any other name, for example, a pseudonym.
Although one of the underlying principles of the FOIA is that the identity
of the applicant is not taken into account, it can be relevant in certain
circumstances. For example, when:

*  a public authority has good reason to believe a requester is using a
pseudonym to shield his/her identity in order to avoid the possibility
of the request being considered as vexatious or repeated;

Therefore, we are of the view that it was the intention of the legislation
that an applicant should provide their real name so that the request can
be processed in accordance with the requirements of the FOIA.

The definition of "applicant" in section 84 of the FOIA adds weight to
this as the phrase in section 8(1)(b) should be read as " the name of the
person making the request". This also suggests that the use of a false or
fictitious name is not acceptable. Therefore, where a public authority
receives a request from a person using an obvious pseudonym, there is no
obligation to comply with the request; nor would it fall within the
jurisdiction of the Information Commissioner. If a public authority
chooses not to comply with the request it should, in keeping with its duty
under section 16, advise the applicant that the FOIA requires their real
name to be provided.

What constitutes a real name?
We consider that a relatively informal approach is also appropriate in
this context. Therefore, title and/or first name with surname satisfies
the requirement for provision of a real name, as does the use by a female
applicant of her maiden name. The prime consideration is whether enough of
a person's full name has been provided to give a reasonable indication of
that person's identity.

Example:
Mr Arthur Thomas Roberts could satisfy section 8(1)(b) of the FOIA by
stating his name in a request for information as "Arthur Roberts", "A. T.
Roberts", or "Mr Roberts", but not by stating his name as "Arthur" or
"A.T.R."

In the case of a company, it is not necessary to provide the full
registered name. It will be acceptable to provide another name which
exists as a real entity, such as a trading name. Similarly, a sole trader
could provide his or her real name or trading name.
In most cases, it will be reasonable for a real name to comprise a name by
which the person making the request is widely known and/or is regularly
used by that person and which is not an obvious pseudonym or fictitious
name.

In order for the MPS to proceed with your request you are required to
provide the information outlined above.  If for any reason you are unable
to do so, please contact me for assistance or seek assistance from any
other available source.

We will consider your resubmitted request upon receipt as long as it meets
the requirements stated above. You will receive a response within the
statutory timescale of 20 working days as defined by the Act.

Should you have any further enquiries concerning this matter, please
contact us at [email address] quoting the reference number above.

Yours sincerely

R. Loizou
Support Officer - Freedom of Information Triage Team
 
LEGAL ANNEX

Section 8(1) of the Act provides:

(1)         In this Act any reference to a "request for information" is a
reference to such a request which-

(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.

(2)        For the purposes of subsection (1)(a), a request is to be
treated as made in writing where the text of the request-

(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.

 
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

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