Policing Scientology demos

The request was partially successful.

William Thackeray

Dear Metropolitan Police Service (MPS),

Please supply:

1) Internal briefing documents relating to demonstrations held outside Scientology premises.

2) Internal and external communications relating to Scientology (including but not limited to emails, letters, faxes, telephone notes, agenda and minutes of meetings).

3) Details of how many arrests have been made at these
demonstrations, of people on each side (i.e. pro-Scientology, anti-Scientology), the offences for which the arrests were made, and the prosecutions which resulted.

4) Details of how many times police have been called to Scientology premises each year for the past 5 years.

Yours faithfully,

William Thackeray

Metropolitan Police Service (MPS)

Dear Mr Thackeray,

Freedom of Information Request Reference No: 2010100000278
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 01/10/2010. I note you seek
access to the following information:

1) "Internal briefing documents relating to demonstrations held outside
Scientology premises.
2) Internal and external communications relating to Scientology (including
but not limited to emails, letters, faxes, telephone notes, agenda and
minutes of meetings).
3) Details of how many arrests have been made at these demonstrations, of
people on each side (i.e. pro Scientology, anti-Scientology), the offences
for which the arrests were made, and the prosecutions which resulted.
4) Details of how many times police have been called to Scientology
premises each year for the past 5 years."

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact Katie London on telephone number 02071613907 quoting the
reference number above.

Yours sincerely

Katie London
Policy and Support Officer
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 and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported on 020 (7)091 5084.

Metropolitan Police Service (MPS)

Dear Mr Thackeray

Freedom of Information Act Request Reference No: 2010100000278
I write in connection with your request for information dated 4th October
2010, which was received by the Metropolitan Police Service (MPS) on
01/10/2010. I note you seek access to the following information:

1) Internal briefing documents relating to demonstrations held outside
Scientology premises. 2) Internal and external communications relating to
Scientology (including but not limited to emails, letters, faxes,
telephone notes, agenda and minutes of meetings). 3) Details of how many
arrests have been made at these demonstrations, of people on each side
(i.e. pro Scientology, anti-Scientology), the offences for which the
arrests were made, and the prosecutions which resulted. 4) Details of how
many times police have been called to Scientology premises each year for
the past 5 years.

This is to inform you that I cannot identify any specific records /
documents that will satisfy your request based on the details you have
provided. To enable the MPS to meet your request could you please provide
this office with further information. I provide some guidance that may
assist you more clearly describe the information you require:

In relation to question one please can you provide the location(s)
addresses that you wish my search(s) to focus on. May I refer you to the
following website: http://www.scientology-london.org/. Would you like my
searches to focus on the address shown on this website. Please can you
provide further guidance.

In relation to question two, you have requested internal and external
communications relating to scientology, please can you confirm whether or
not you are referring to communications in relation to demonstrations as
referred to in question one.

With regards to question one to three can you please provide a specific
time period, for example 01.01.2010 - 18.10.2010

After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory timescale of
20 working days, subject to the information not being exempt or containing
a reference to a third party.

However, if the requested additional information has not been received by
Tuesday 18th January 2011 I will assume you no longer wish to proceed with
this request and will treat it as withdrawn.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact Holly Hall on telephone number 020 8733 6317 quoting the
reference number above.

Yours sincerely,

Holly Hall
Media & Communications Officer
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 and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported to [1][email address]

References

Visible links
1. mailto:[email address]

William Thackeray

Dear Holly,

Thank you for your response to my FOIA information request.

Below is further information re your request for clarification.

Re part 1:

68 Tottenham Court Road, London, W1T 2EZ

42 Leinster Gardens, London, W2 3AN

79 New Cavendish Street, London, W1W 6XB

37 Fitzroy Street, London, W1T 6DX

Re part 2:

I'm not referring exclusively to communications concerning the demonstrations in part 1 of my query, although such communications would come within the scope of part 2.

Re parts 1 to 3:

The past 5 years.

Thank you for your time and assistance with this matter.

Yours faithfully,

William Thackeray

Metropolitan Police Service (MPS)

Dear Mr Thackeray

Freedom of Information Request Reference No: 2010100000278

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 01/10/2010. I note you seek
access to the following information:

1) Internal briefing documents relating to demonstrations held outside
Scientology premises.

2) Internal and external communications relating to Scientology (including
but not limited to emails, letters, faxes, telephone notes, agenda and
minutes of meetings).

3) Details of how many arrests have been made at these demonstrations, of
people on each side (i.e. pro Scientology, anti-Scientology), the offences
for which the arrests were made, and the prosecutions which resulted.

4) Details of how many times police have been called to Scientology
premises each year for the past 5 years.

Upon clarification, you stated the premises you were referring to was: 68
Tottenham Court Road, London, W1T 2EZ; 42 Leinster Gardens, London, W2
3AN; 79 New Cavendish Street, London, W1W 6XB and 37 Fitzroy Street,
London, W1T 6DX.

In relation to question two you clarified this by specifying that the
internal and external communications was not referring exclusively to
communications concerning the demonstrations in part 1 of your request.

And thirdly that the information for parts one to three to capture the
last five years.

DECISION

I find that the MPS is unable to extract the information you require which
may be held on the system for this request within the 18 hour statutory
time frame within which the MPS is required to respond to a Freedom of
Information Act request.

The Fees Regulations state that the cost limit in the case of the police
service is **450. A Public Authority must still confirm or deny whether it
holds the information requested unless the cost of this alone would exceed
the appropriate limit. In this case, I believe that the cost alone of
confirming whether the requested information is held would exceed the
appropriate limit.

The MPS can take into account the costs attributable to the time that MPS
staff are expected to spend on determining whether the information is
held, locating the information, retrieving the information or extracting
the information. Such costs are calculated at **25 per hour per person for
all authorities. This means that the limit will be exceeded if these
activities exceed 18 hours for the MPS search for this request.

This exceeds the cost threshold as internal and external communications
relating to Scientology may be held by any number of officers within
Westminster and Camden Borough, and indeed across the MPS. Taking
Westminster alone there are 1600 police officers, 346 specials, 301 staff
and 368 PCSO's who would need to be contacted in order to determine if
they hold anything pertinent to this request. It is this search, which I
consider would exceed the cost threshold in confirming whether the
requested information is held.

Disclosure of any information which may be held in regards to this part of
your request is therefore exempt from disclosure by virtue of Section
17(5) (Refusal of a request) and 12(2) (cost for complying with a
request).

Please note that the Information Commissioner's guidance states that
'Section 12 makes it clear that a public authority does not have to make a
precise calculation of the costs of complying with a request. Only an
estimate is required ... what amounts to a reasonable estimate can only be
considered on a case by case basis.' The Information Commissioner also
advises 'where a reasonable estimate has been made that the appropriate
limit would be exceeded, there is no requirement for a public authority to
undertake work up to the limit.'

In accordance with the Freedom of Information Act 2000, this letter
therefore acts as a Refusal Notice. Please see the Legal Annex for the
relevant extracts of the legislation which apply.

Advice and Assistance

Under Section 16 we are required to provide you with advice and assistance
to assist you with submitting a new request for recorded information which
can be located, retrieved and extracted within the 18 hours specified by
the Act.

In this instance, I would suggest one of the following ways to submit a
new request:

Would you like me to begin to search for information, if held, for
questions one, two and four? In addition, if you could be specific with
regards to question two. For example, you may wish to focus on those
demonstrations as asked by your self in question one, or within the
boroughs of Camden and Westminster?

I would like to take this opportunity to explain to you a public
authority's right to aggregate requests of a similar nature from an
applicant.
Section 12 (4) of the Act provides:
"(4) The Secretary of State may by regulations provide that, in such
circumstances as may be prescribed, where two or more requests for
information are made to a public authority-
(a) by one person, or
(b) by different persons who appear to the public authority to be acting
in concert or in pursuance of a campaign,
the estimated cost of complying with any of the requests is to be taken to
be the estimated total cost of complying with all of them."

Therefore, if you were to submit separate requests to include different
boroughs, we would be within our rights to aggregate these requests. This
is set out in Section 5 of The Freedom of Information and Data Protection
(Appropriate Limit and Fees) Regulations 2004. See an extract below in the
legal annex. You would therefore need to leave a 'reasonable' period
between submitting such requests, which is '60 consecutive working days'.

If you wish to submit a new, narrower request, please let me know and this
can be logged and considered under the Act. This will be subject to the
20 working day time period for completion. If you have any difficulty in
doing so, please do not hesitate to contact me for further assistance.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact Audeeba Ali on telephone number 02071613606 quoting the
reference number above.

Yours sincerely

Audeeba Ali
Quality and Assurance Advisor

LEGEL ANNEX:

Section 17(5) of the Act provides:

(5) A public authority which, in relation to any request for information,
is relying on a claim that section 12 or 14 applies must, within the time
for complying with section 1(1), give the applicant a notice stating that
fact.

Section 12(2) of the Act provides:

(2)Subsection (1) does not exempt the public authority from its obligation
to comply with paragraph (a) of section 1(1) unless the estimated cost of
complying with that paragraph alone would exceed the appropriate limit.
Section 5 of The Freedom of Information and Data Protection (Appropriate
Limit and Fees) Regulations 2004.

"5. - (1) In circumstances in which this regulation applies, where two or
more requests for information to which section 1(1) of the 2000 Act would,
apart from the appropriate limit, to any extent apply, are made to a
public authority -
(a) by one person, or

(b) by different persons who appear to the public authority to be acting
in concert or in pursuance of a campaign, the estimated cost of complying
with any of the requests is to be taken to be the total costs which may be
taken into account by the authority, under regulation 4, of complying with
all of them.

(2) This regulation applies in circumstances in which-
(a) the two or more requests referred to in paragraph (1) relate, to any
extent, to the same or similar information, and

(b) those requests are received by the public authority within any period
of sixty consecutive working days.
(3) In this regulation, "working day" means any day other than a
Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank
holiday under the Banking and Financial Dealings Act 1971[4] in any part
of the United Kingdom."
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 and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). Any email that
causes you concern should be reported via the Contacts section on the
official MPS Website at [1]www.met.police.uk

References

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

William Thackeray

Dear Audeeba,

Many thanks for your further response to my FOIA query.

I would like to narrow the scope of the request, in order (hopefully) to bring it within the cost limit.

You said:
"Would you like me to begin to search for information, if held, for questions one, two and four?"

Yes, please.

You also said
"In addition, if you could be specific with
regards to question two. For example, you may wish to focus on those demonstrations as asked by your self in question one, or within the boroughs of Camden and Westminster?"

Yes, I'd like to focus on the boroughs of Camden and Westminster.

Thanks again for your help with this matter.

Yours faithfully,

William Thackeray

Metropolitan Police Service (MPS)

Dear Mr Thackeray

Freedom of Information Request Reference No: 2010100003942
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 22/10/2010. I note you seek
access to the following information:

"Questions in relation to Scientology request:
I would like to narrow the scope of the request, in order (hopefully) to
bring it within the cost limit. You said: "Would you like me to begin to
search for information, if held, for questions one, two and four?" Yes,
please.

You also said "In addition, if you could be specific with regards to
question two. For example, you may wish to focus on those demonstrations
as asked by yourself in question one, or within the boroughs of Camden and
Westminster?" Yes, I'd like to focus on the boroughs of Camden and
Westminster. "

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact Peter Deja on telephone number 0207 161 3640 quoting the
reference number above.

Yours sincerely

Peter Deja
Policy and support officer
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 and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). Any email that
causes you concern should be reported via the Contacts section on the
official MPS Website at [1]www.met.police.uk

References

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

Metropolitan Police Service (MPS)

Dear Mr Thackeray,

Freedom of Information Act Request Reference No: 2010100003942
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 22/10/2010. I note you seek
access to the following information:

** "Questions in relation to Scientology request: I would like to
narrow the scope of the request, in order (hopefully) to bring it within
the cost limit.
You said: "Would you like me to begin to search for information, if held,
for questions one, two and four?" Yes, please.
You also said : "In addition, if you could be specific with regards to
question two. For example, you may wish to focus on those demonstrations
as asked by your self in question one, or within the boroughs of Camden
and Westminster?" Yes, I'd like to focus on the boroughs of Camden and
Westminster."

Please may I clarify a couple of points before I begin to search for the
information, if held:

With regards to question two you requested: "Internal and external
communications relating to Scientology (including but not limited to
emails, letters, faxes, telephone notes, agenda and minutes of meetings)."
As explained in my previous e-mail to approach the two boroughs to see if
we held the information would exceed the cost threshold. I had provided
Westminster as a example. This is because the question is too broad in
nature. Therefore, would you like me to search for information, if held,
for internal and external communications relating to Scientology in
relation to demonstrations held outside Scientology premises? Please
accept my apologies, as I had not made this clear in my previous response
(Previous FoI reference Number: 2010100000278)
After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory timescale of
20 working days, subject to the information not being exempt or containing
a reference to a third party.

However, if the requested additional information has not been received by
25/01/2011 I will assume you no longer wish to proceed with this request
and will treat it as withdrawn.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact Audeeba Ali on telephone number 02071613606 quoting the
reference number above.

Yours sincerely,

Audeeba Ali
Quality and Assurance Advisor
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 and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

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

William Thackeray

Dear Audeeba,

Oh, I'm sorry, I misunderstood. Yes, please search for information, if held, for internal and external communications relating to Scientology in relation to demonstrations held outside Scientology premises.

Yours faithfully,

William Thackeray

Metropolitan Police Service (MPS)

Dear Mr Thackeray,

Freedom of Information Request Reference No: 2010100003942

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 22/10/2010. I note you seek
access to the following information:

"Questions in relation to Scientology request: I would like to narrow the
scope of the request, in order (hopefully) to bring it within the cost
limit.
You said: "Would you like me to begin to search for information, if held,
for questions one, two and four?" Yes, please.
You also said: "In addition, if you could be specific with regards to
question two. For example, you may wish to focus on those demonstrations
as asked by your self in question one, or within the boroughs of Camden
and Westminster?" Yes, I'd like to focus on the boroughs of Camden and
Westminster."

The questions in full are as follows:

1) For the last five years internal briefing documents relating to
demonstrations held outside Scientology premises.

2) For the last five years internal and external communications relating
to Scientology (including but not limited to emails, letters, faxes,
telephone notes, agenda and minutes of meetings).

3) For the last five years details of how many arrests have been made at
these demonstrations, of people on each side (i.e. pro Scientology,
anti-Scientology), the offences for which the arrests were made, and the
prosecutions which resulted.

4) For the last five years details of how many times police have been
called to Scientology premises each year for the past 5 years.

I had explained on the 25/10/2010 that with regards to question two that
this would exceed the cost threshold to approach the two boroughs and I
had provided Westminster as an example. I therefore suggested whether or
not you would you like me to search for information, if held, for internal
and external communications relating to Scientology in relation to
demonstrations held outside Scientology premises? You were happy for me to
proceed with this.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
within Camden Borough Events Office and Westminster Events Office and the
Performance Information Bureau.

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

WESTMINSTER:

Questions One and Two:

Having conducted searches within Westminster Borough I have been informed
that they will not be able to conduct searches prior to 2008. This is
because from January 2008 all the events were entered on a centralised
database at the Westminster Events Office. Prior to January 2008
individual archived paper records are held as there were five events
offices in Westminster Borough. The identification of specific records
would require extensive manual searches. To locate, retrieve and extract
this information would exceed the cost threshold. Having been in contact
with you regarding this and your previous requests on the same topic I do
not think it would be appropriate for me to issue you with another cost
refusal e-mail. I have therefore collated information from January 2008
until the present date.

There was one protest between this period. There is one e-mail relating to
this protest which informed them Westminster Events office of this event.
I am unable to release the e-mail by virtue of s.40(2) of the Freedom of
Information Act governing personal information. I have outlined the
sections relevant to this refusal notice in the legal annex below.

One of the main differences between the Data Protection Act (1998) and the
Freedom of Information Act (2000) is that any information released under
FOI is released into the public domain, not just to the individual
requesting the information. As such, any release that identifies an
individual through releasing their personal data, even third party
personal data, is exempt.

Personal data is defined under the Data Protection Act (1998) as data that
is biographical in nature, has the applicant as its focus and/or affects
the data subject's privacy in his or her personal, professional or
business life.

To release the exempt information would breach principle one of the Data
Protection Act, the duty of data controllers to process personal
information fairly and lawfully, and would fail to meet Condition 6 of
Schedule 2 of the DPA as we see no legitimate interest in releasing any
information we hold for this purpose.

In this case the legitimate expectations of individuals possibly
identifiable within the information requested is that their information
will not be disseminated within the public domain. Their legitimate
expectation would be that their sensitive personal information which was
held by the MPS will be treated confidentially and not disclosed to the
public. To disclose this information would be a breach of the confidence
placed in us and as such would have a impact on our ability to obtain data
in future.

Other than one e-mail mentioned above provided by the individual wishing
to protest there is no other information held

Question Three:

No arrests were made at this protest

CAMDEN:

Question One and Two:

Having conducted searches within Camden Borough I have been informed that
they will not be able to collate any internal briefing documents (or
e-mails, faxes and so forth) as the information for questions one and two
for protests that occurred prior to 2008 are archived away and would
exceed the 18 hours to locate, retrieve and extract the information. The
identification of specific records would require extensive manual
searches. Having been in contact with you regarding this and your previous
requests on the same topic I do not think it would be appropriate for me
to issue you with another cost refusal e-mail. I have therefore collated
information from Feb 2008 to Aug 2009.

Although I am not able to collate information prior to 2008, I can inform
you that between 2005 and Feb 2008 there were approximately 3 small
protests outside 68 Tottenham Court Road and one outside Fitroy Street
premises. An operation order was produced for all of these protests as
they were policed. However, I am decided to exempt these by virtue of s.31
of the Freedom of Information Act governing law enforcement. As this
exemption is prejudice-based and qualified, I am required to provide you
with evidence of harm in releasing this information and a Public Interest
Test in order to determine the potential harm that could be caused by
disclosing these operations orders.

Prejudice Test:
In considering whether or not this information should be disclosed, I have
considered the potential harm that could be caused by disclosure.

The exempt information are operation orders that were created as a result
of these demonstrations. Based on this, I am mindful that active and
closed operations have a degree of sensitivity and to release the
documents lead to intelligence and strategic intention being placed in the
public domain. This would have a detrimental effect on the policing these
demonstrations in the future.

Information contained within these documents incorporates tactical and
strategic planning and methods in regards to enforcement intentions. To
disclose policing techniques and discussion could prove detrimental to the
MPS strategic intentions and tactical approach. This in turn would
prejudice the MPS ability to prevent/ detect crime and apprehend or
prosecute offenders as such details within the public domain would provide
an unfair advantage (in terms of strategic intelligence) for those who
wish to evade detection and apprehension.

Public Interest Test::

The FoIA requires public authorities to be held accountable and
transparent for their actions, and thus the public have a right to know
how that public authority conducts itself in their business. The idea of
accountability becomes more of a prominent matter in cases such as these.
To provide you with these documents would enhance the public awareness of
how the MPS police such demonstrations. It would enhance public knowledge
and contribute to public discussion. This is because it would hold the MPS
accountably for its actions.
However these considerations need to be balanced against the
considerations for non-disclosure. The current or future law enforcement
role of the MPS may be compromised by the release of these documents.
These documents outline the methods employed as to how to police these
demonstrations, ranging from intelligence, traffic arrangements, and the
role of officers. Thereby the release of these documents may compromise
the MPS ability to effectively and efficiently take the necessarily
actions in future demonstrations.

The release of this document could also have a negative impact on the
public safety. Indeed public safety is of paramount importance to the
policing purpose and must be taken into account in disclosing whether to
disclose the information or not. Upon this basis I find it is not in the
public interest to release the requested information. The information you
have requested could potentially be used for criminals to gain an unfair
advantage over the police in terms of understanding policing methods and
tactics. Indeed, to release the information requested could potentially be
misused by criminals and thereby lead to the endangering of prevention and
detection of crime and therefore have a negative impact on public safety.
It is the MPS duty to ensure that public safety is always protected and
the FoIA should not be used as a tool that could potentially negatively
impact on public safety.

Weighing these considerations on balance I find that the argument for
non-disclosure outweighs that for disclosure.

Question three:

No arrests were made at these protest

Question Four in relation to Westminster and Camden:

Please note that as you have requested the number of times police have
been called to premises duplicates have been excluded. Furthermore, the
system used to extract this information, DARIS, has a free text field and
so is reliant upon the accuracy of the data entry. Therefore records with
inaccurate spellings and missing information may not be picked up in the
search. In order to try to capture all relevant records the following
search parameters were used: Tottenham C, Scientology, Fitzroy S,
Scientology, New Cavendish S, Scientology and Leinster G, Scientology.
Furthermore, the figure below contains only records which reference
Scientology or contain the specific street address given.

Please see the figures below which show the number of times the police
have been called to named Scientology premises in the past 5 years from
01/10/05 to 30/09/10:

There were 177 police call outs to 68 Tottenham Court Rd, W1T 2EZ.
There was one police call out to 37 Fitzroy St, W1T 6DX
Ther was 6 police call outs to 79 New Cavendish St, W1W 6XB
There was 11 police call out to 42 Leinster Gardens, W2 3AN

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 02071613606 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Audeeba Ali
Quality and Assurance Advisor

LEGAL ANNEX:

Section 17 (1)(a)(b)(c) (Refusal of request) of the Act provides:
(1) A public authority which, in relation to any request for information,
is to any extent relying on a claim that any provision of Part II relating
to the duty to confirm or deny is relevant to the request or on a claim
that information is exempt information must, within the time for complying
with section 1(1), give the applicant 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.

s.40 Personal information provides:
(1) Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
data subject.
(2) Any information to which a request for information relates is also
exempt information if-
(a) it constitutes personal data which do not fall within subsection (1),
and
(b) either the first or the second condition below is satisfied.
(3) The first condition is-
(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the [1998 c. 29.] Data
Protection Act 1998, that the disclosure of the information to a member of
the public otherwise than under this Act would contravene-
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and
(b) in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the
[1998 c. 29.] Data Protection Act 1998 (which relate to manual data held
by public authorities) were disregarded.
(4) The second condition is that by virtue of any provision of Part IV of
the [1998 c. 29.] Data Protection Act 1998 the information is exempt from
section 7(1)(c) of that Act (data subject's right of access to personal
data).

Schedule 2, Condition 6 of the Data Protection Act provides:
6 (1) The processing is necessary for the purposes of legitimate interests
pursued by the data controller or by the third party or parties to whom
the data are disclosed, except where the processing is unwarranted in any
particular case by reason of prejudice to the rights and freedoms or
legitimate interests of the data subject.
(2) The Secretary of State may by order specify particular circumstances
in which this condition is, or is not, to be taken to be satisfied.

Data Protection Act:
http://www.opsi.gov.uk/Acts/Acts1998/ukp...

s.31(1) reads:
(1) Information which is not exempt information by virtue of section 30 is
exempt information if its disclosure under this Act would, or would be
likely to, prejudice-
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of offenders,
(c) the administration of justice

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law. Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
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 and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city 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). The MPS has a
strict staff conduct policy. Any email that causes you concern should be
reported via the Contacts section on the official MPS Website at
[1]www.met.police.uk

References

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

William Thackeray left an annotation ()

Referred to Information Commissioner 15 Nov 2010.