Prohibited Weapons Authorisation

Stephen Gradwick made this Freedom of Information request to Merseyside Police

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Merseyside Police did not have the information requested.

Dear Sir or Madam,

I wish to make a request for information under the provisions of the Freedom of Information Act 2000.

I wish to receive a copy of the authorisation provided to Merseyside Police by the Defence Council allowing them to possess weapons prohibited under Section 5 of the Firearms Act 1968.

Yours faithfully,

Stephen Gradwick

Merseyside Police

Dear Mr Gradwick ,

Reference No : SLEH -7JQAUU


Thank you for your application for information concerning firearms authorisation. This will be dealt with under the
terms of the Freedom of Information Act 2000.

Your request will now be considered and 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 nor containing a reference to a third party.
In the event that we are not able to achieve this deadline you will be informed at the earliest opportunity and
given a revised time-scale.

There may be a fee payable for the retrieval, collation and provision of the information you have requested. If this
is the case you will be informed and the 20 working day timescale will be suspended until we receive payment from
you.

Some requests may also require either full or partial transfer 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.


Yours sincerely,

Sarah Louise English
Disclosure Analyst
Information Bureau
Merseyside Police
PO Box 59, Liverpool. L69 1JD
Telephone: 0151 777 7046 Fax: 0151 777 7099
Email : [Merseyside Police request email]

============================================================
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If you have received this email in error please notify the sender as soon
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This footnote confirms that all reasonable steps have been taken to
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computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
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Merseyside Police

Dear Mr Gradwick

I write in connection with your request for information which was received
by Merseyside Police on 22/09/2008. I note that you seek access to the
following information:

Reference No: SLEH -7JQAUU - generated by request log

(Paraphrased) Merseyside Police Authorisation for Firearms

I regret to inform you that we have not been able to complete our response
to your request within the statutory time limit.

We calculate that a response will be ready by 12/11/2008. I can assure you
that every effort will be made to respond within this new timescale.

I apologise for any inconvenience caused.

Yours faithfully

Sarah Louise English
Disclosure Analyst
Information Bureau
Merseyside Police
PO BOX 59
LIVERPOOL L69 1JD
Tel. 0151 777 7046
Fax: 0151 777 7099
E-mail: [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Stephen Gradwick

Dear Miss English,

Please explain why you are unable to respond within the statutory time frame.

You either have an authorisation to possess prohibited weapons or you do not. If you do, then disclose it or cite an exemption as to why it cannot be disclosed.

If you do not have an authorisation, then clearly any Merseyside Police officer who has used or carried such a weapon has done so unlawfully and should be prosecuted.

I also note that when you paraphrased my request, you appear to have taken it to refer to firearms only. For the purposes of clarification, a Section 5 authorisation would also include CS and PAVA Incapacitant Sprays, TASER and similar weapons.

I am concerned that your failure to respond suggests that you are seeking to find some way to avoid having to provide a copy of the information I have requested which is contrary to the principles of freedom of information and the law.

Should I not hear from you with a response to my question citing a reasonable and valid reason for your delay by Wednesday 22nd October 2008, I will regard your lack of response to be a refusal to respond and will complain to the Information Commissioner.

Yours sincerely,

Stephen Gradwick

Merseyside Police

Dear Mr Gradwick,

Sorry for not replying sooner as I have been on annual leave. Thank you
for your email dated 18/10/2008. I do apologise for the delay in answering
your request. Currently under section 1 of the Freedom of Information Act
2000, I am searching within the force for the data you require.

An extension notice was sent to you on 17/10/2008 to reassure you that your
request has not been forgotten and is currently still being processed by
the force.

I am endeavouring to have this processed as soon as possible and your
patience during this time is greatly appreciated.

I will keep you updated in due course as to the progress of your request.

Yours sincerely

Sarah Louise English
Disclosure Analyst

Stephen Gradwick <[FOI #3122 email]> on 18/10/2008
21:31:05

To: [email address]
cc:

Subject: Re: Freedom of Information request - Prohibited Weapons
Authorisation

Dear Miss English,

Please explain why you are unable to respond within the statutory
time frame.

You either have an authorisation to possess prohibited weapons or
you do not. If you do, then disclose it or cite an exemption as to
why it cannot be disclosed.

If you do not have an authorisation, then clearly any Merseyside
Police officer who has used or carried such a weapon has done so
unlawfully and should be prosecuted.

I also note that when you paraphrased my request, you appear to
have taken it to refer to firearms only. For the purposes of
clarification, a Section 5 authorisation would also include CS and
PAVA Incapacitant Sprays, TASER and similar weapons.

I am concerned that your failure to respond suggests that you are
seeking to find some way to avoid having to provide a copy of the
information I have requested which is contrary to the principles of
freedom of information and the law.

Should I not hear from you with a response to my question citing a
reasonable and valid reason for your delay by Wednesday 22nd
October 2008, I will regard your lack of response to be a refusal
to respond and will complain to the Information Commissioner.

Yours sincerely,

Stephen Gradwick

show quoted sections

Stephen Gradwick left an annotation ()

As Merseyside Police refused to stipulate why they needed more time as I had asked, I submitted a complaint to the Information Commissioner's Office and have today received the following reply:

7th November 2008

Case Reference Number FS50218945

Dear Mr Gradwick,

Information request to Merseyside Police

Thank you for your correspondence dated 21 October 2008 in which you complain about Merseyside‘s non-response to an information request.

I understand that you have now had a response. The delay in replying has been recorded.

Should you be unhappy with the response, before accepting complaints, the Commissioner generally expects complainants to allow public authorities the opportunity to respond to any complaints. You should therefore exhaust the internal review procedure provided.

Although this case is now closed, please contact us again if you are dissatisfied with the outcome of the internal review.

If you need to contact us again please quote the reference number from the top of this letter.

Yours sincerely,

Jenny Sanders
FoI Case Reception Unit
The Information Commissioner’s Office

Clearly, as can be seen from the responses above, Merseyside Police have not supplied a response to my request. They are merely stalling and I cannot submit a request for internal review as has been suggested because there has not been any decision to ask anyone to review.

I have requested further advice from the Information Commissioner's Office and shall publish any response I receive as an annotation here.

Merseyside Police

Dear Mr Gradwick

I write in connection with your request for information which was received
by Merseyside Police on 22/09/2008. I note that you seek access to the
following information:

Reference No: SLEH -7JQAUU - generated by request log

(Paraphrased) Merseyside Police Authorisation for Firearms

I regret to inform you that we have not been able to complete our response
to your request within the statutory time limit.

We calculate that a response will be ready by 26/11/2008. I can assure you
that every effort will be made to respond within this new timescale.

I apologise for any inconvenience caused.

Yours faithfully

Sarah Louise English
Disclosure Analyst
Information Bureau
Merseyside Police
PO BOX 59
LIVERPOOL L69 1JD
Tel. 0151 777 7046
Fax: 0151 777 7099
E-mail: [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Merseyside Police

2 Attachments

Dear Mr Gradwick

FREEDOM OF INFORMATION REQUEST REFERENCE NO: SLEH 7JQAUU

I write in connection with your request for information dated 22/09/2008
which was received by Merseyside Police on 22/09/2008. I note you seek
access to the following information:

I wish to receive a copy of the authorisation provided to Merseyside Police
by the Defence Council allowing them to possess weapons prohibited under
Section 5 of the Firearms Act 1968.

Following receipt of your request searches were conducted within Merseyside
Police to locate information relevant to your request. I can confirm that
the information you have requested is not held by Merseyside Police.

Extent of searches to locate information
To locate the information relevant to your request searches were conducted
within Matrix and via liaison with the Home Office

Result of searches
The searches located no records relevant to your request.

Decision
The Information is not held by Merseyside Police

(See attached file: SLEH-7JQAUU - Response Table.doc)

Complaint Rights
Your attention is drawn to the attachment which details your right of
complaint.
(See attached file: Complaints info.doc)

Should you have any further inquiries concerning this matter, please write
to or contact Sarah Louise English on telephone number 0151 777 7046
quoting the reference number above.

Yours sincerely

Sarah Louise English
Disclosure Analyst

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Merseyside Police

Dear Mr Gradwick

FREEDOM OF INFORMATION REQUEST REFERENCE NO: SLEH 7JQAUU

I write in connection with your request for information dated 22/09/2008
which was received by Merseyside Police on 22/09/2008. I note you seek
access to the following information:

I wish to receive a copy of the authorisation provided to Merseyside Police
by the Defence Council allowing them to possess weapons prohibited under
Section 5 of the Firearms Act 1968.

Following receipt of your request searches were conducted within Merseyside
Police to locate information relevant to your request. I can confirm that
the information you have requested is not held by Merseyside Police.

Extent of searches to locate information
To locate the information relevant to your request searches were conducted
within Matrix and via liaison with the Home Office

Result of searches
The searches located no records relevant to your request.

Decision
The Information is not held by Merseyside Police

[attachment "SLEH-7JQAUU - Response Table.doc" deleted by Sarah L
English/Notes]

Complaint Rights
Your attention is drawn to the attachment which details your right of
complaint.
[attachment "Complaints info.doc" deleted by Sarah L English/Notes]

Should you have any further inquiries concerning this matter, please write
to or contact Sarah Louise English on telephone number 0151 777 7046
quoting the reference number above.

Yours sincerely

Sarah Louise English
Disclosure Analyst

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================