Refusal to release 'Costello Report'

Waiting for an internal review by Staffordshire Police of their handling of this request.

Dear Staffordshire Police,

Dear Staffordshire Police,

Operation Kalmia was an IPCC managed investigation which arose after the Court of Appeal quashed the convictions of a number of men who had been jailed in connection with the murder of Kevin NUNES. The appeal court judges were very critical of the failure of Staffordshire Police to disclose a 'management review' which was referred to as the 'Costello Report'

I have made request to both the IPCC and Staffordshire Police for disclosure of the Costello Report, which was heavily quoted in the judgement of the appeal court. Both Staffordshire Police and the IPCC have refused to disclose the " Costello Report" each citing different exemptions under the Act.

Following an internal review into the decision by Staffordshire Police to refuse to release the document, it is clear that some high level discussions took place involving senior ACPO officers, the Deputy Chair of the IPCC and the Staffordshire and West Midlands Joint Legal Service. The extent to which those discussions influenced the decision making process of both public bodies is relevant when considering the final position of both organisation.

The general public have a right to know whether such discussions were appropriate or whether they amounted to improper collusion to conceal embarrassing material. Under the terms of the FIO Act, I would like to request the following information.

1. The earliest date that Staffordshire Police received a FIO request in connection with the 'Costello Report'.

2. The number and date of separate FIO requests received in respect of the Costello Report.

3. Number unique reference number allocated to the FIO requests received at (2) above.

4. The date that each individual FIO request referred to at (2) above was referred to a senior manager.

5. The earliest date that Deputy Chief Constable Baker or any other ACPO officer was first notified of a FIO request in respect of the 'Costello Report'.

6. The earliest date that sought advice over FIO requests in respect of the 'Costello Report' from the West Midlands Joint Legal Service.

7. The earliest date that contact (verbal or written) took place between Staffordshire Police and the IPCC in respect of FIO requests for the 'Costello Report'.

8. Copies of any emails, correspondence, notes or minutes relating to any FIO request received by Staffordshire Police.

9. Details and copies of any verbal or written correspondence with any other third parties, including individuals investigated as part of Operation Kalmia or their representatives, in relation to any application to release the 'Costello Report'

10. Given that the current Chief Constable or Staffordshire was one to the individuals investigated as part of Operation Kalmia, please give full details of any discussions or meeting that took place where the FIO requests listed at (2) above where mentioned where Chief Constable Sawyer was present.

11. Please provide copies of any emails, letter, notes or minutes to or from Chief Constable Sawyer in which there is any mention of the FIO requests for the 'Costello Report' or discussion with other third party over its possible release.

In accordance with the provisions of the FIO Act, I look forward to receiving your reply within the next twenty days.

Yours faithfully,

Mr L. Anderson

Staffordshire Police

Thank you for your Freedom of Information request. You will receive a
response in due course.
Kind Regards
Darius Sanghori
Freedom of Information
Central Disclosure Unit
Staffordshire Police

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Dear Staffordshire Police,

I have not received the information that I requested under the FIO Act, could you please advise me on the progress of my request.

Yours faithfully,

Mr L. Anderson

Freedom of Information, Staffordshire Police

 

Dear Mr Anderson,

 

I apologise for the delay in response, at present we are awaiting data
from the various data holders to fulfil this request.

 

 

Kind regards,

 

Roger Randle

Central Disclosure Unit

Staffordshire Police HQ

PO BOX 3167

Staffordshire Police

ST16 9JZ

T: Switchboard 101

T: Direct Dial 01785 232195

E: [Staffordshire Police request email]

 

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Dear Staffordshire Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Staffordshire Police's handling of my FOI request 'Refusal to release 'Costello Report'?

Almost two months have elapsed since I made my request under the FIO Act, more than twice the time permitted under the Act, this is unsatisfactory and therefore I request an internal review.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Mr L. Anderson

Staffordshire Police

Thank you for your request for an internal review. You will receive a
respose in due course.
Kind Regards
Darius Sanghori
Freedom of Information
Central Disclosure Unit
Staffordshire Police

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Staffordshire Police

Thank you for your request for an internal review. You will receive a
response in due course.
Kind Regards
Darius Sanghori
Freedom of Information
Central Disclosure Unit
Staffordshire Police

show quoted sections

Freedom of Information, Staffordshire Police

2 Attachments

Dear Mr Anderson,

 

Please see response to your request for an internal review.

 

Regards

 

Julie Ferrie

 

OFFICIAL

 

Central Disclosure Unit

Staffordshire Police HQ

P.O. Box 3167

Stafford

ST16 9JZ

T: switchboard 101

T: direct dial 01785 232195

E: [Staffordshire Police request email]

 

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Dear Freedom of Information,

Thank you for your recent correspondence.

I note your view that the nature of my requests when taken together would take a great deal of time and effort to deal with and therefore may exceed the threshold under section 12 of the FIO Act.

Having considered your response I can understand that the detailed nature of my request when taken together would result in significant work, therefore I would like to withdraw majority of my request and continue only with the requests marked 5 and 6.

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5. The earliest date that Deputy Chief Constable Baker or any other ACPO officer was first notified of a FIO request in respect of the 'Costello Report'.
6. The earliest date that sought advice over FIO requests in respect of the 'Costello Report' from the West Midlands Joint Legal Service.
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I am sure that you will agree that dealing solely with the remaining two requests will dramatically reduce the time and effort required and will therefore not exceed the threshold under section 12, if however you feel that the requests need to be further refined to keep work to a minimum please let me know and I am sure that we can reach a mutually satisfactory compromise.

Yours sincerely,

Mr L. Anderson

Dear Freedom of Information,

Yesterday I sent a message intended to simply my request, I refined my requests to just two simple element, however I have since noticed a typo which consists of a missing name, I have amended the request below with the added words in capital letters. My apologies for any confusion caused by the omission. Please acknowledge receipt of this correspondence.

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5. The earliest date that Deputy Chief Constable Baker or any other ACPO officer was first notified of a FIO request in respect of the 'Costello Report'.
6. The earliest date that D.C.C. BAKER OR ANY OTHER ACPO OFFICER FIRST sought advice over FIO requests in respect of the 'Costello Report' from the West Midlands Joint Legal Service.
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Yours sincerely,

Mr L. Anderson

Freedom of Information, Staffordshire Police

1 Attachment

Dear Mr Anderson,

 

Please find attached the response to your Freedom of Information  Internal
Review.

 

Regards,

 

Roger Randle

Central Disclosure Unit

Staffordshire Police HQ

PO BOX 3167

Staffordshire Police

ST16 9JZ

T: Switchboard 101

T: Direct Dial 01785 232195

E: [Staffordshire Police request email]

 

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Dear Freedom of Information,

F.A.O. Mr Randke

The documents you have sent does not relate to the FIO request made via this web link, the correct web link is:-

https://www.whatdotheyknow.com/request/c...

Appending any reply to the corresponding request is important when trying to follow the thread of any request, it simplifies things for the reader. The correct chronology is very important when members of the public are unhappy with the response they have received from a public body and consequently refer the matter to the Information Commissioner.

I am sure that you or the Staffordshire Police would not wish to deliberately confuse followers of a FIO request, or complicate the process of making FIO applications, therefore I would ask that you append your response to the correct FIO Request and in the future ensure that any response relates to the corresponding request.

Yours sincerely,

Mr L. Anderson

Dear Staffordshire Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Staffordshire Police's handling of my FOI request 'Refusal to release 'Costello Report]

On the 8th December 2006, Staffordshire Police responded to my request in essence claiming that the complexity of the request meant it would take so long to complete it would exceed the time threshold set under the FIO Act.

I wrote on the 12th December 2016, acknowledging the previous correspondence, and refined my request to greatly reduce its complexity leaving only two simple requests. For the sake of clarity I wrote again on the 13th December 2016, confirming the details I was requesting.

I did not receive a specific acknowledgement or reply, however some correspondence was received on this particular request link, however it did not relate to this request and had been appended in error.

Over a month has now past and Staffordshire Police has failed to meet its obligations to provide a response with the timescales set under the FIO Act.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Mr L. Anderson

Freedom of Information, Staffordshire Police

Dear Mr Anderson,

Please could you provide the allocated reference number of the Freedom of Information request to which you would like an internal review.

Regards,

Roger Randle
Central Disclosure Unit
Staffordshire Police HQ
PO BOX 3167
Staffordshire Police
ST16 9JZ
T: Switchboard 101
T: Direct Dial 01785 232195
E: [Staffordshire Police request email]

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Dear Freedom of Information,

F.A.O. Mr Randle

Regarding my request for an internal review, the request it relates to is titled "Refusal to Release 'Costello Report'" and it is the request to which you correctly added you note today.

For the avoidance of any doubt the link to the request is :-

https://www.whatdotheyknow.com/request/r...

I have no idea what number you have chosen to allocate to this particular request, but I'm sure you will be able to locate it in your recording system.

Yours sincerely,

Mr L. Anderson

Staffordshire Police

Dear Mr Anderson,
Thank you for your request for internal review of the Freedom of
Information request with the Reference 7650 'Costello Report'. You will
receive a response in due course.
Kind regards,
Roger Randle
Freedom of Information Local Decision Maker
Central Disclosure Unit
Staffordshire Police

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Freedom of Information, Staffordshire Police

1 Attachment

Dear Mr Anderson,

 

Please see attached response to your internal review request.

 

Regards

Darius Sanghori

 

OFFICIAL

 

Central Disclosure Unit

Staffordshire Police HQ

P.O. Box 3167

Stafford

ST16 9JZ

T:switchboard 101

T:direct dial 01785 232195

E:[Staffordshire Police request email]

 

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Mr L. Anderson left an annotation ()

Staffordhire Police have now provided a heavily redacted copy of the 'Costello Report', however I have challenged the extent redactions and the justification of the exemptions cited. This matter is now being considered by the Information Commissioner.

Mr L. Anderson left an annotation ()

Following my referral to the OIC a Decision Notice was issued directing Staffordshire Police to release information they had sought to withhold from the public.

“3. The Commissioner requires Staffordshire Police to take the following steps to ensure compliance with the legislation:
• Disclose to the complainant the recommendation made in paragraph 13.1 of the Report, previously withheld under section 31.”

The information that Staffordshire Police tried to surprises relates to the consumption of Alcohol with Protected Witnesses and includes a clear recognition by the Author of the report that the practice could result in the defence questioning the integrity and professionalism of officers.

https://www.staffordshire.police.uk/medi...

The recognition by the Author that this issue could potentially be used by the defence would place the document into the category of disclosable material, however Staffordshire Police failed to do so. Ultimately the failure to disclose resulted in the convictions being overturned.