Police providing false information to the courts

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

Dear Chief Constable Lisa Winward,

Please provide the following details:-

(1) for the year 01 January to 31 December 2020, the number of times the police in North Yorkshire, have provided the courts with false and misleading information in written statements;

(2) the action taken in connection with the repeated evidence which I provided on the issue, in connection with one vulnerable adult;

(3)(a) the procedure for finding and correcting false statements given to the courts by the police and

(3)(b) whether that procedure requires that formal apologies be given to the courts, when the statements were known to be false when first made.

For the avoidance of doubt, my request under (3)(b) excludes unintentional errors made in good faith.

Yours sincerely,

John Bradfield.

________________________________________

BACKGROUND INFORMATION

This FoI request follows another dated the 07 September 2020, which was submitted as you had recommended but was then rejected, because it sought too much information.

It is entitled, 'Urgent protection of vulnerable adults - staff training and procedures' and can be found using this link:-
https://www.whatdotheyknow.com/request/u...

In that FoI request, I refer to details which I received in connection with a vulnerable adult. The police had stated and repeated to the courts, that an investigation was being "expedited".

However, I have had to draw to the attention of the courts, that the investigation was not being "expedited" then or since and that the assertion was and remained false.

Two points will be of public concern:-

(1) it cannot be acceptable for the police to routinely make and repeat false and/or misleading statements in any circumstances and more particularly to the courts;

(2) when there is compelling and substantive evidence, that the failure to "expedite" an investigation, is posing a very serious threat to health and welfare, which could end in suicide.

Under point (04) in the 07 September 2020 FoI request I asked, "what are the explicit criteria and/or procedures for ensuring the police act rapidly in desperate situations, so they do not mistakenly and routinely confirm in formal reports, that they have acted and continue to act "expeditiously", when after some weeks of delays, barriers to acting rapidly have still not been removed?"

No answer has been received and the Police & Crime Commissioner has not responded to expressed concerns, with a view to "expediting" a procedural and/or educational and/or training solution.

As you know, I have been compelled to state to the courts that the failures of the police are not merely negligent but obviously "dangerous".

The NHS and local authorities have legal duties to protect and promote health and welfare, over and above the duty in the Health & Safety at Work Act. It is reasonable to assume that the police have the same duties, whether explicit or implied.

Crucially, the police must be trusted to act responsibly in all circumstances and especially when dealing with the courts. When that is not happening, urgent solutions must be found. That did not happen, when hundreds of police and related staff were sexually abusing vulnerable people - see
https://www.whatdotheyknow.com/request/s...

Civil Disclosure,

Thank you for your email, please treat this as an acknowledgement of receipt.

We are currently experiencing a very high volume of requests for information. This is causing a significant delay in response times for the below requests:

Court Orders

CAFCASS

Section 7

Section 37

Subject Access Requests

Freedom of Information Requests

Although every effort will be made to ensure a response is provided within statutory deadlines, due to current circumstances delays may be unavoidable. We apologise for any inconvenience and will endeavour to process your request as quickly as is practicable.

Your email will be dealt with accordingly.

PLEASE NOTE: If your query is to address an urgent safeguarding concern then please redirect your enquiry to the Vulnerability Assessment Team email: [email address]

The Vulnerability Assessment Team is available during office hours Monday to Friday.

Civil Disclosure Unit

Web: www.northyorkshire.police.uk

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Dear Chief Constable Lisa Winward,

I'd be most grateful for an indication,
of when I might receive the requested information.

Yours sincerely,

John Bradfield.

Civil Disclosure,

Thank you for your email, please treat this as an acknowledgement of receipt.

We are currently experiencing a very high volume of requests for information. This is causing a significant delay in response times for the below requests:

Court Orders

CAFCASS

Section 7

Section 37

Subject Access Requests

Freedom of Information Requests

Although every effort will be made to ensure a response is provided within statutory deadlines, due to current circumstances delays may be unavoidable. We apologise for any inconvenience and will endeavour to process your request as quickly as is practicable.

Your email will be dealt with accordingly.

PLEASE NOTE: If your query is to address an urgent safeguarding concern then please redirect your enquiry to the Vulnerability Assessment Team email: [email address]

The Vulnerability Assessment Team is available during office hours Monday to Friday.

Civil Disclosure Unit

Web: www.northyorkshire.police.uk

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Saunders, Sarah,

Good afternoon

Thank you for your below email.

Please accept our apologies that we haven't yet responded to your FOI request ref 0054.2021-22. We are waiting for a response from another business area and will respond as soon as we can.

Kind regards

Sarah

Sarah Saunders
Collar Number 4868
Legal Officer (Civil Disclosure)
North Yorkshire Police
Evolve Legal Services

Joint Corporate Legal Services, North Yorkshire Police HQ, Alverton Court, Crosby Road, Northallerton DL6 1BF
DX 68810 Northallerton 2

Civil Disclosure Direct Dial: 01609 643526
[email address]
www.northyorkshire.police.uk

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.

My usual working hours are Tuesday 9am-3pm, Thursday 9am-3pm and Friday 8:30pm-3:30pm

Please Note: North Yorkshire Police Email addresses have now changed and the .PNN has been removed. Please update your records for NYP contacts accordingly.

Committed to the Code of Ethics

Evolve Legal Services is a collaboration delivering professional services on behalf of the Chief Constables and elected Commissioners of Cleveland Police, Durham Constabulary and North Yorkshire Police.

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 Chief Constable Lisa Winward,

As it is now 20 weeks since I lodged this FoI request,
please arrange an internal review on this very serious issue.

Yours sincerely,

John Bradfield.

Saunders, Sarah,

Good afternoon

Thank you for your below request for an internal review into FOI 0054.2021-22. Your request will be processed by the Civil Disclosure Unit.

Kind regards

Sarah

Sarah Saunders
Collar Number 4868
Legal Officer (Civil Disclosure)
North Yorkshire Police
Evolve Legal Services

Joint Corporate Legal Services, North Yorkshire Police HQ, Alverton Court, Crosby Road, Northallerton DL6 1BF
DX 68810 Northallerton 2

Civil Disclosure Direct Dial: 01609 643526
[email address]
www.northyorkshire.police.uk

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.

My usual working hours are Tuesday 9am-3pm, Thursday 9am-3pm and Friday 8:30pm-3:30pm

Please Note: North Yorkshire Police Email addresses have now changed and the .PNN has been removed. Please update your records for NYP contacts accordingly.

Committed to the Code of Ethics

Evolve Legal Services is a collaboration delivering professional services on behalf of the Chief Constables and elected Commissioners of Cleveland Police, Durham Constabulary and North Yorkshire Police.

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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Williams, Caroline,

1 Attachment

Dear Mr Bradfield,

Please find attached a response to your Freedom of Information request 54.2021-22.

Regards

Caroline Williams
Team Leader (Civil Disclosure)
North Yorkshire Police
Collar Number 5982
Committed to the Code of Ethics

Please Note: North Yorkshire Police Email addresses have now changed and the .PNN has been removed. Please update your records for NYP contacts accordingly.

Evolve Legal Services

Evolve Legal Services is a collaboration delivering professional services on behalf of the Chief Constable and elected Commissioners of Cleveland Police, Durham Constabulary and North Yorkshire Police.

Joint Corporate Legal Services, North Yorkshire Police HQ, Alverton Court, Crosby Road, Northallerton DL6 1BF
DX 68810 Northallerton 2

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

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 Caroline Williams,

Thank you for your response.

Unless I need to submit a separate FoI request, please let me know what written information is provided to the police in North Yorkshire, which defines the meaning of "expediting" an investigation.

The usual meaning of "expediting" is to take all possible actions as rapidly as possible, by removing all obstacles or impediments, to ensure the maximum speed for achieving the intended outcome.

What it cannot mean, is leaving decisions to take any length of time, by failing or refusing to prioritise what needs to be done, e.g. by treating investigations on a first-come-first-service basis regardless of the risks to health and safety.

Yours sincerely,

John Bradfield