PRE-ACTION.

Yvonne Pears. made this Freedom of Information request to West Midlands Police

The request was successful.

From: Yvonne Pears.

24 August 2011

Dear West Midlands Police,

1)Under which LAWS and REGULATIONS, are the Police allowed to refer
a witness against them in intended High Court Proceedings, to a
Mental Health Act Assessment.
2)Under which LAWS and REGULATIONS are the Police allowed to
falsely arrest and bail a person, including interviewing them
without a Solicitor present, or a friend present, where they drop
the bail, with NO FURTHER ACTION recorded, where the Police also
refuse them a copy of the tape-recorded interview and the Police,
several days later refer the person to the Mental Health Services.
3) If you do not know the answers to the 2-questions above, I
suggest you name 'WHO CAN', instead of refusing this request.
I do not wish to be contacted on a personal basis, Please respect
this public request and answer on this site.

Yours faithfully,

Yvonne Pears.

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From: b_foi
West Midlands Police

24 August 2011

Dear Ms Pears

FREEDOM OF INFORMATION ACT 2000

Thank you for your request for information, received 24th August 2011

Your request is being 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. Where consideration is being given to the application of any exemptions the 20 working day timescale may be extended under the terms of the Act to a period considered reasonable depending on the nature and circumstances of your request. In such cases you will be notified and, where possible, a revised time-scale will be indicated. In all cases we shall attempt to deal with your request at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the information requested, where the request exceeds the statutory limit. In such cases you will be informed in writing and the 20 working day timescale will be suspended until we receive payment from you or your request is modified and /or reduced. If you chose not to make full payment or modify your request then the request will remain unanswered.

Your request may require either full or partial transfer to another public authority. You will be informed if your request is transferred.

Yours sincerely,

Freedom of Information Unit

-----Original Message-----
From: Yvonne Pears. [mailto:[FOI #83922 email]]
Sent: Wednesday, August 24, 2011 2:17 PM
To: FOI requests at West Midlands Police
Subject: Freedom of Information request - PRE-ACTION.

Dear West Midlands Police,

1)Under which LAWS and REGULATIONS, are the Police allowed to refer
a witness against them in intended High Court Proceedings, to a
Mental Health Act Assessment.
2)Under which LAWS and REGULATIONS are the Police allowed to
falsely arrest and bail a person, including interviewing them
without a Solicitor present, or a friend present, where they drop
the bail, with NO FURTHER ACTION recorded, where the Police also
refuse them a copy of the tape-recorded interview and the Police,
several days later refer the person to the Mental Health Services.
3) If you do not know the answers to the 2-questions above, I
suggest you name 'WHO CAN', instead of refusing this request.
I do not wish to be contacted on a personal basis, Please respect
this public request and answer on this site.

Yours faithfully,

Yvonne Pears.

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From: b foi
West Midlands Police

22 September 2011


Attachment 5022 ans 01.pdf
14K Download View as HTML


Dear Ms Pears

 

 

FREEDOM OF INFORMATION ACT 2000

 

Your request for information, received 24 August 2011 has now been
considered.

 

I note that this is one of a number of requests you have made under the
Freedom of Information Act regarding related subjects. You should note
that in the Freedom of Information (Fees and Appropriate Limit)
Regulations 2004, there is an "appropriate level" of £450 for authorities
such as ourselves. Similar requests from the same requester can be
aggregated if they are received within the same three month period. While
the time taken to compile the answers does not exceed the appropriate
limit at this time, I ask you to bear in mind that it may do in the future
if you continue to submit requests.

 

As with a number of your previous requests, this latest request does not
appear to be asking for recorded information, but rather asks for an
interpretation of a particular scenario. The Act refers only to the
provision of recorded information and there are many factors within any
particular scenario and decisions are made on a case-by-case basis.
However, while the Act does not oblige us to comment on scenarios, in
order to assist I have attached a document (5022_ans_01.pdf) that provides
some information that you may find useful. The provision of this
information does not mean that we regard the requests to be valid under
the terms of the Act.

 

As noted in previous responses if you are unhappy with the way you have
been treated by West Midlands Police there are a number of options for
making a complaint.  Please see:

 

[1]http://www.west-midlands.police.uk/about...

 

[2]http://www.ipcc.gov.uk/en/Pages/default....

 

Otherwise I suggest that you seek legal advice as you appear to be trying
to gain a specific answer by posing generic questions through the Freedom
of Information Act.

 

Although it may not be your intention, the effect of your continued
correspondence with this Unit is to cause inconvenience. Therefore before
you make another request under the Act I would ask you to familiarise
yourself with the guidance to requesters issued by the Information
Commissioners Office. It can be found here:

 

[3]http://www.ico.gov.uk/upload/documents/l...

 

It may also be helpful if you read the following guidance:

 

[4]http://www.ico.gov.uk/upload/documents/l...

 

I would prefer that we continue to answer your requests under the Act and
I am sure, so long as you adhere to the guidance outlined above, we will
be able to do so.

 

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:

 

http://www.west-midlands.police.uk/pdf/F...

 

Please note that such an appeal must be received within six months of the
date of this correspondence.

 

 

Yours sincerely,

 

 

Carl Bird

Freedom of Information Unit

_______________________________________________________________________

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

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2. http://www.ipcc.gov.uk/en/Pages/default....
3. http://www.ico.gov.uk/upload/documents/l...
4. http://www.ico.gov.uk/upload/documents/l...

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