Dear Mr Old,

Reference No : AKEY-7P4CVV

Thank you for your application for information concerning force policies or procedure documents. 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,

Angela Kelly

Merseyside Police
Information Bureau
Information Access Unit
PO Box 59, Liverpool. L69 1JD
Telephone: 0151 777 7067 Fax: 0151 777 7099
Email : [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.
============================================================

Dear Mr Old,

I write in connection with your request for information which was received
by Merseyside Police on 09/02/09. I note that you seek access to the
following information:

Reference No: AK09/09

Information Re Force Policies

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 30/03/09. I can assure you
that every effort will be made to respond within this new timescale.

I apologise for any inconvenience caused.

Yours faithfully

Angela Kelly
Disclosure Analyst
Merseyside Police
IM & D Dept.,
Information Access Unit
PO BOX 59
LIVERPOOL L69 1JD
Tel. 0151 777 7067
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.
============================================================

Dear Mr Old,

FREEDOM OF INFORMATION REQUEST REFERENCE NO: AKEY-7P4CVV

I write in connection with your request for information dated 06/02/09
which was received by Merseyside Police on 09/02/09. I note you seek access
to the following information:

Copies of any force policies or documents etc.

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 the Personnel Department, Merseyside Police.

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

Decision
Please see attached response table for further details and information link
that may be of assistance.

(See attached file: Response Table AK09-09.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 Angela Kelly on telephone number 0151 777 7067 quoting the
reference number above.

Yours sincerely

Angela Kelly
Disclosure Analyst
Merseyside Police
Information Bureau
Information Access Unit
PO Box 59
Liverpool
L69 1JD
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.
============================================================

Dear Mr. Old,

I acknowledge receipt of your email dated 12/03/09 requesting that
Merseyside Police review its response to your request for information
concerning;

Regulation 24(2) Police Regulations 2003

The review will be conducted in accordance with the Merseyside Police
review procedure and every effort will be made to have a response to you by
the 12/05/09 (as advocated by the ICO). However if it becomes clear that
the review will not be completed by this date you will be contacted.

If you wish to discuss this matter prior to the response by Merseyside
Police please contact me.

Yours sincerely

Graham Thomas
Disclosure Manager
Tel. 0151 777 7007

William Old <[FOI #7745 email]> on 12/03/2009
14:19:11

To: FOI requests at Merseyside Police <[Merseyside Police request email]>
cc:

Subject: Internal review of Freedom of Information request - Regulation
24(2) Police Regulations 2003

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews. I am writing to request an internal review of
Merseyside Police's handling of my FOI request 'Regulation 24(2)
Police Regulations 2003'.

Firstly, the PNB Circular to which you refer in your response was
agreed by PNB at its meeting in February 2008, when the only item
of disagreement was the very issue that gives rise to my FoI
request (para.14 of the draft Agreement), and which remains
outstanding. The issue is therefore NOT addressed in the PNB
Agreement that you quote.

Secondly, you state "There is no Force policy or procedure document
dealing with Regulation 24, paragraph (2)... the force relies on
Police Regulations". This is somewhat ironical, because although
Regulation 24(2) is quite clear, Merseyside Police refused to
comply with it until the judgement referred to in the second part
of my request, at which time HH Judge Platts ordered your force to
make full payment of the quantum of his claim, plus legal costs, to
the Claimant (Chief Inspector Gill)!

It is therefore not clear whether you are relying on the majority
interpretation of Reg. 24(2), or the same minority interpretation
that led to the legal proceedings against you in 2007, ruled
unlawful by HH Judge Platts.

At that time, of the 43 forces in England & Wales, 30 were known to
comply fully with the requirements of Regulation 24(2). 11 (of
which Merseyside Police was one) were known NOT to comply with this
Regulation, in that they refused to take previous service in a
higher rank (as the consequence of temporary promotion under Annex
J to Regulation 27) into account for pay purposes on subsequent
promotion (whether substantively, or again temporarily), because of
a minority interpretation of Regulation 24(2). The other two forces
refused to provide the information sought, and both were therefore
counted as failing to comply with Regulation 24(2).

One of the forces that previously refused to provide the requested
information has since confirmed that they do in fact comply, and of
the 11 non-compliant forces, 3 have since acknowledged that their
policies were unlawful and reversed their positions.

Given that your force must possess some sort of guidance document
that sets out the necessary action by payroll staff when an officer
(with previous temporary service in a higher rank) is promoted,
that guidance - by definition - falls into the scope of my request.

Additionally, I find it hard to believe that there are no written
records whatsoever arising out of Gill v CC Merseyside. It is
acknowledged that some of these documents will contain personal
information, and cannot be disclosed without redaction: other
documents will be subject of legal privilege. However, many of the
remainder would, I submit, fall into the scope of my request.

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

Yours sincerely,

William Old

show quoted sections

Dear Mr Old,

Further to Mr Thomas's acknowledgement of your request for an
internal review of how the force dealt with your request for
information pertaining to:

(a) any force policy or procedure document from which it would
be determined whether such an officer’s salary would take
account of that previous period in the higher rank – in
accordance with Reg.24(2) – or would alternatively be
re-started back at the lowest salary scale point for the higher
rank, at the commencement of each and every period of service
in that higher rank; and...

(b) any force policy or procedure document that reported,
considered or reviewed the implications of the decision in Gill
v Chief Constable of Merseyside [Liverpool County Court,
judgement given on 28 August 2007], in which unequivocal
judgement was given against your force by HH Judge Platts
because the latter procedure (as referred to above) is unlawful
and does not comply with Regulation 24(2).

I can confirm the review is complete and I respond as follows.

Our previous response of 12 March advised the Force has no
policy or procedure documents dealing with Regulation 24,
paragraph (2). I confirm that was, and still is, the case.

Regarding force policy or procedure documents on the
implications of the Gill v CC Merseyside Policy I confirm that
the Force Payroll & Pensions client Unit are fully aware of the
Gill v Chief Constable of Merseyside case.

I have attached a redacted version of an internal briefing note
produced as a result of the case.Blank or blacked out areas
marked 'A' or 'B' are exempt information under section
40(2)(a)(b) Freedom of Information Act 2000, the personal data
exemption.

(See attached file: AK09.09 document for release after
review.pdf)

Section 17, Freedom of Information Act, 2000, requires
Merseyside Police, when refusing to provide such information (
because the information is exempt) to provide you the applicant
with a notice which:
(a) states that fact,
(b) specifies the exemption(s) in question and
(c) states (if that would not otherwise be apparent) why the
exemption applies.

In respect of the request exempt under section 40 of the Act,
by virtue of Section 40(2)(a)(b) I advise the area marked A is
Mr Gill’s personal information and the areas marked B the Force
Payroll and Client Managers personal information. Areas of the
document marked 'C' are parts of the report that are not
relevant to your request.

As to Force policy it is not considered necessary to revisit
existing procedures as instances such as this seldom occur.

Your attention is drawn to the attached document providing
information regarding your further right of complaint to the
Information Commissioner.

(See attached file: Complaints info.doc)

Yours sincerely

Granville Southworth
DPA/FOI Coordinator
0151 777 7021

============================================================
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.
============================================================