Sacked Police Officers who have been charged with a criminal offence.

The request was refused by Merseyside Police.

Paul of the Woods Family

Dear Merseyside Police,

Can you tell me how many Police Officers who have been sacked from Merseyside Police since 2011, have been charged with any criminal offences that they may have committed whilst serving.

And if any have been charged with an offence, what those offences are.

Yours faithfully,

Paul of the Woods Family

Freedom Of Information, Merseyside Police

Dear   Paul of the Woods Family  

Reference No: SM265/13

Thank you for your application for information concerning

Can you tell me how many Police Officers who have been sacked from
Merseyside Police since 2011, have been charged with any criminal offences
that they may have committed whilst serving.

And if any have been charged with an offence, what those offences are.

  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,

Sandra Miller

Disclosure Analyst

Information Bureau

Merseyside Police

PO Box 59, Liverpool. L69 1JD

Telephone: 0151 777 7019  Fax: 0151 777 7099

Email : [E-bost cais Merseyside Police]

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

Paul of the Woods Family

Dear Freedom Of Information,

Are you aware that 20 working days has almost elapsed?

Yours sincerely,

Paul of the Woods Family

Freedom Of Information, Merseyside Police

Dear  Paul of the Woods Family

I write in connection with your request for information, which was
received by Merseyside Police on  09/11/13 , concerning:

Can you tell me how many Police Officers who have been sacked from
Merseyside Police since 2011, have been charged with any criminal offences
that they may have committed whilst serving.

And if any have been charged with an offence, what those offences are.

The public interest in providing a response to you is currently under
consideration.

The FOI Act obliges us to respond to requests promptly and in any case no
later than 20 working days after receiving your request. We must consider
firstly whether we can comply with section 1(1)(a) of the Act, which is
our duty to confirm whether or not the information requested is held and
secondly we must comply with section 1 (1)(b), which is the provision of
such information. However, when a qualified exemption applies either to
the confirmation or denial or the information provision and the public
interest is engaged, the act allows the time for response to be longer
than 20 working days, if the balance of such public interest is
undetermined.

In this case we have not yet reached a decision on where the balance of
the public interest lies in respect of either of the above obligations. 
As the decision currently rests with other staff members it is difficult
for me to be precise about when you will receive your response.  For the
purposes of administration I am setting a new deadline date of
  06/01/14by which point I will provide you with an update if matters are
still pending, but I would anticipate that you will receive your response
well in advance of this date.

The specific exemption(s) which apply in relation to your request are;

S30 -Investigations and Proceedings  conducted by Public Authorities

S40 - Personal Information

which require public interest tests. This is what is currently taking
place. Taking that into account this email acts as a refusal notice under
Section 17* in that it informs you that it;

•      confirms that a response will not be provided within 20 working
days,

•      provides the exemptions presently under consideration and

•      states (if that would otherwise be apparent) why the exemptions may
apply following public interest considerations.

*(non-provision of a response within the 20 working days as prescribed by
the Act constitutes a refusal).

As stated above it is my intention to respond further by the date stated.

I apologise for any inconvenience caused.

Yours faithfully

Sandra Miller

Disclosure Analyst

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL  L69  1JD

Tel. 0151 777 7019

Fax: 0151 777 7099

E-mail:  foi@merseyside.police.

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

Paul of the Woods Family

Dear Freedom Of Information,

You said, "For the purposes of administration I am setting a new deadline date of 06/01/14 by which point I will provide you with an update if matters are still pending, but I would anticipate that you will receive your response well in advance of this date."

Am I going to 'receive your response well in advance of this date.' (6th Jan 2014) ?

Yours sincerely,

Paul of the Woods Family

Freedom Of Information, Merseyside Police

1 Attachment

Dear  Paul of the Woods Family

Response Letter - FOI Application SM265/13(please quote in all
correspondence)

I write in connection with your request for information which was received
by Merseyside Police on  09/11/13 .  I note that you seek access to the
following information:

Can you tell me how many Police Officers who have been sacked from
Merseyside Police since 2011, have been charged with any criminal offences
that they may have committed whilst serving.

And if any have been charged with an offence, what those offences are.

Following receipt of your request searches were conducted within
Merseyside Police to locate information relevant to your request.  I can
confirm that the information that you requested is held by Merseyside
Police.

To locate the information relevant to your request, searches were
conducted in the  Professional Standards Department

The searches located the records relevant to your request.

I have today  been authorised by a senior officer   to disclose the
located information to you.  Please find attached my full Response Table.

Complaint Rights

Your attention is drawn to the information following this response, which
details your rights of review and of complaint.            

Should you have any further enquiries concerning this matter, please write
to or e-mail me at the below address, quoting the reference number above.

Yours sincerely

Sandra Miller

Disclosure Analyst

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL  L69  1JD

Tel: 0151 777 7019

Fax: 0151 777 7095

E-mail:  [1][Merseyside Police request email]

Making a complaint or appeal about your Freedom of Information response

We accept that sometimes you may not agree with the decision we’ve made
about your Freedom of Information request. If this is the case there is an
internal complaints procedure that should be followed.

You should make your complaint in writing to:

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL

L69 1JD

It should detail:

What the original request was

The nature of the complaint

Why you feel you should have received more information

Your complaint will be fully investigated and will be dealt with by a
staff member who was not involved in the original decision. We will write
to you to advise the outcome of your complaint.

If you are dissatisfied with the results of your complaint you have the
right to appeal to the Information Commissioner. He can be contacted at:

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

More information is available from the Information Commissioner's website

[2]http://www.ico.gov.uk

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

References

Visible links
1. mailto:[merseyside%20police%20request%20email]
2. http://www.ico.gov.uk/

Paul of the Woods Family

Dear Freedom Of Information,

Thank you for supplying the information with regard to "Sacked Police Officers who have been charged with a criminal offence.FOI Application SM265/13"

Further to this request, will you confirm as to whether or not sacked Police Officers Sgt Charles Tennant and WPC Joanne Kelly were charged with the criminal offences that they were sacked for.

This request is in my view, in the public interest, to reassure (or not as the case may be) the Public that serving officers do or do not get away with crimes committed whilst on duty.

Yours sincerely,

Paul of the Woods Family

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

*The ‘working day’ is defined as 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 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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

Paul of the Woods Family

Dear Merseyside Police,

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 'Sacked Police Officers who have been charged with a criminal offence.'.

I received an acknowledgement to my FOI request, but I have not received a response, and the 20 working days have passed

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

Yours faithfully,

Paul Woods

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

*The ‘working day’ is defined as 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 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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

Freedom Of Information, Merseyside Police

1 Attachment

Dear  Paul of the Woods Family ,

Response Letter - FOI Application SM117/14  (please quote in all
correspondence)

I write in connection with your request for information which was received
by Merseyside Police on  08/04/14   I note that you seek access to the
following information:

Thank you for supplying the information with regard to "Sacked Police
Officers who have been charged with a criminal offence.FOI Application
SM265/13"

Further to this request, will you confirm as to whether or not sacked(
Named  Police Officers)  were charged with the criminal offences that they
were sacked for.

This request is in my view, in the public interest, to reassure (or not as
the case may be) the Public that serving officers do or do not get away
with crimes committed whilst on duty.

Following receipt of your request searches were conducted within
Merseyside Police to locate information relevant to your request. 

To locate the information relevant to your request, searches were
conducted in the Information Bureau

Please find attached my full Response Table.

Complaint Rights

Your attention is drawn to the information following this response, which
details your rights of review and of complaint.            

Should you have any further enquiries concerning this matter, please write
to or e-mail me at the below address, quoting the reference number above.

Yours sincerely

Sandra Miller

Disclosure Analyst

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL  L69  1JD

Tel: 0151 777 7019

Fax: 0151 777 7099

E-mail:  [1][Merseyside Police request email]

Making a complaint or appeal about your Freedom of Information response

We accept that sometimes you may not agree with the decision we’ve made
about your Freedom of Information request. If this is the case there is an
internal complaints procedure that should be followed.

You should make your complaint in writing to:

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL

L69 1JD

It should detail:

What the original request was

The nature of the complaint

Why you feel you should have received more information

Your complaint will be fully investigated and will be dealt with by a
staff member who was not involved in the original decision. We will write
to you to advise the outcome of your complaint.

If you are dissatisfied with the results of your complaint you have the
right to appeal to the Information Commissioner. He can be contacted at:

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

More information is available from the Information Commissioner's website

[2]http://www.ico.gov.uk

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

References

Visible links
1. mailto:[merseyside%20police%20request%20email]
2. http://www.ico.gov.uk/

Paul of the Woods Family

Dear Freedom Of Information,

Can you tell me why your response took so long, and came AFTER the allowed time for FOI responses, when all you have done is to simply quote legislation that you feel is relevant?

Can you also tell me why you choose to release the names of some Police Officers charges/convictions, and not others?

Under what procedure do the Police release names of Officers charged with crimes?

Yours sincerely,

Paul of the Woods Family

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

*The ‘working day’ is defined as 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 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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

Paul of the Woods Family

Dear Freedom Of Information,

Furthermore, why was the news of these two officers sackings and the reasons for their sacking released to the press and the wider public, as that too would be personal information??

Yours sincerely,

Paul of the Woods Family

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

*The ‘working day’ is defined as 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 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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

Freedom Of Information, Merseyside Police

Dear Paul of the Woods Family ,
In response to your recent emails your below questions will be treated as a new FOI request reference SM133/14

Can you tell me why your response took so long, and came AFTER the allowed time for FOI responses, when all you have done is to simply quote legislation that you feel is relevant?

Can you also tell me why you choose to release the names of some Police Officers charges/convictions, and not others?

Under what procedure do the Police release names of Officers charged with crimes?

Furthermore, why was the news of these two officers sackings and the reasons for their sacking released to the press and the wider public, as that too would be personal information??

Yours sincerely

Sandra Miller
Disclosure Analyst
information Access Unit
Tel 0151 - 777-7019

show quoted sections

Freedom Of Information, Merseyside Police

Dear Mr. Woods

I acknowledge receipt of your request dated 05/05/2014 for Merseyside Police to conduct an internal review of your Freedom of Information, I confirm that I have completed my review.

On the 5th May 2014 you requested: I am writing to request an internal review of Merseyside Police's handling of my FOI request 'Sacked Police Officers who have been charged with a criminal offence.'.

The reason for your request for an internal review is - 'I received an acknowledgement to my FOI request, but I have not received a response, and the 20 working days have passed'.

Decision
I have decided to uphold the original decision because I believe that Merseyside Police has complied with the requirements of section 10 of the FOI Act.

Reason for Decision: FOI requests are dealt with in accordance with section 10 of the Act which means that you are entitled to receive a response no later than 20 working days after the first working day* on which your request is received.

*The ‘working day’ is defined as 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 in any part of the United Kingdom. The first reckonable day is the working day after the working day of receipt.

Your request was received by Merseyside Police by email via the what do they know website at 12:38hrs on 08/04/2014. The first reckonable day is therefore 09/04/2014. Bank holidays are not reckonable working days and there have been three during the last 20 working days. The 20th working day in respect of this request is therefore Friday 09/05/2014.

Merseyside Police responded to you on 07/05/2014 (today), 18 working days since your request. I cannot therefore agree with your assertion that '20 days have now passed' which is the sole basis for your request for internal review on 05/05/2014.

Complainant Rights:
Should you disagree with this decision you have a further right of appeal to the Information Commissioner the contact details for whom are below.

The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
More information is available from the Information Commissioner's website
http://www.ico.gov.uk

Yours sincerely,

G.E. Thomas.
Disclosure Manager
Tel. 0151 777 7007
Fax. 0151 777 7099
Disclosure Unit, Information Bureau
Merseyside Police, PO Box 59
Liverpool, L69 1JD

show quoted sections

Paul of the Woods Family

Dear Freedom Of Information,

Further to your response. The Freedom of Information Act states that, "a public authority must comply promptly and in any event not later than the twentieth working day following the date of receipt."

This does not mean that you can take the full period to comply when it appears to be possible that you can fulfill the request to comply 'promptly'.

Seeing as you only responded when I sent you a further reminder as I thought the time period had elapsed, and your response was one that could have easily been given within a few days, I would say that you had not complied promptly.

Complying promptly, comes before the 20 working day period in the legislation, and I do not agree that taking 18 working days to comply with a simple request such as this given your response, is consistent with the spirit of the Freedom of information act.

Yours sincerely,

Paul of the Woods Family

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

*The ‘working day’ is defined as 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 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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

Russell Burnikell left an annotation ()

Surely misconduct in public office is in the public interest to be transparent and not hidden (let have it out)

Freedom Of Information, Merseyside Police

Dear Mr. Woods,

thank you for your observations about the requirement for a prompt reply under the Act. I agree with them. I have taken into account the current and sustained high volume of requests that the disclosure analyst who responded to your request was dealing with alongside your own request. I am satisfied that in the circumstances the response has been prompt.

The dates by which responses should be sent is determined by the date of request and is therefore known and monitored for compliance. Your untimely request for an internal review on the basis of over 20 working days, when in fact it was not, did not prompt the response that was coming in any event.

Complainant Rights:
Should you disagree with this decision you have a further right of appeal to the Information Commissioner the contact details for whom are below.

The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
More information is available from the Information Commissioner's website
http://www.ico.gov.uk

Yours sincerely,

G.E. Thomas.
Disclosure Manager
Tel. 0151 777 7007
Fax. 0151 777 7099
Disclosure Unit, Information Bureau
Merseyside Police, PO Box 59
Liverpool, L69 1JD

show quoted sections

Paul Woods left an annotation ()

Indeed Russell, it is certainly in the public interest. Two Officers who were sacked, one for tasering a man for no reason a number of times in the back of a Police van and the other for theft from houses he was involved in 'raiding', selling the items on Ebay.

These Officers were named in the press, and yet the Police think it is now not in the public interest to inform the public whether or not they were charged and convicted for their crimes.

Paul of the Woods Family

Dear Freedom Of Information,

Further to my initial request and your response that as the information I've asked for is deemed to be "personal information", you are refusing my request.

Can you tell me as to which DATA PRINCIPLE do you believe would be contravened by supplying the requested information?

Yours sincerely,

Paul of the Woods Family

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

*The ‘working day’ is defined as 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 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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

Freedom Of Information, Merseyside Police

1 Attachment

Dear  Paul of the Woods Family,

Response Letter - FOI Application SM146/14(please quote in all
correspondence)

I write in connection with your request for information which was received
by Merseyside Police on  14/05/14   I note that you seek access to the
following information:

Further to my initial request and your response that as the information
I've asked for is deemed to be "personal information", you are refusing my
request.

Can you tell me as to which DATA PRINCIPLE do you believe would be
contravened by supplying the requested information?

Following receipt of your request searches were conducted within
Merseyside Police to locate information relevant to your request.  I can
confirm that the information that you requested is held by Merseyside
Police.

To locate the information relevant to your request, searches were
conducted in the  Information Bureau

The searches located the records relevant to your request.

I have today decided to disclose the located information to you.  Please
find attached my full Response Table.

Complaint Rights

Your attention is drawn to the information following this response, which
details your rights of review and of complaint.            

Should you have any further enquiries concerning this matter, please write
to or e-mail me at the below address, quoting the reference number above.

Yours sincerely

Sandra Miller

Disclosure Analyst

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL  L69  1JD

Tel: 0151 777 7019

Fax: 0151 777 7095

E-mail:  [1][Merseyside Police request email]

Making a complaint or appeal about your Freedom of Information response

We accept that sometimes you may not agree with the decision we’ve made
about your Freedom of Information request. If this is the case there is an
internal complaints procedure that should be followed.

You should make your complaint in writing to:

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL

L69 1JD

It should detail:

What the original request was

The nature of the complaint

Why you feel you should have received more information

Your complaint will be fully investigated and will be dealt with by a
staff member who was not involved in the original decision. We will write
to you to advise the outcome of your complaint.

If you are dissatisfied with the results of your complaint you have the
right to appeal to the Information Commissioner. He can be contacted at:

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

More information is available from the Information Commissioner's website

[2]http://www.ico.gov.uk

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

References

Visible links
1. mailto:[merseyside%20police%20request%20email]
2. http://www.ico.gov.uk/

Paul of the Woods Family

Dear Freedom Of Information,

You said, as the information I've requested is 'personal information' and to supply it to me would "breach the 1st and 6th Data Protection Principles."

The 1st Data Protection Principle is to "Process personal data fairly and lawfully". Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless –

(a) at least one of the conditions in Schedule 2 is met:

I would be of the view that, Schedule 2, condition 5-The processing is necessary— (a)for the administration of justice, and/or (d)for the exercise of any other functions of a public nature exercised in the public interest by any person.

Th sixth Data Principle is that Personal data shall be processed in accordance with the rights of data subjects under this Act.

a right of access to a copy of the information comprised in their personal data;
a right to object to processing that is likely to cause or is causing damage or distress;
a right to prevent processing for direct marketing;
a right to object to decisions being taken by automated means;
a right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed; and
a right to claim compensation for damages caused by a breach of the Act.

I cannot see how any of the above rights of a data subject will be breached by supplying the requested information.

Perhaps you could enlighten me, as to how by supplying the requested information, will the 1st and 6th Data Protection Principles be breached?

Yours sincerely,

Paul of the Woods Family

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

*The ‘working day’ is defined as 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 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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

Freedom Of Information, Merseyside Police

Dear  Paul of the Woods Family

I write in connection with your request for information which was received
by Merseyside Police on 07/05/14 . I note that you seek access to the
following information:

Reference No: SM-133/14  - generated by request log

Can you also tell me why you choose to release the names of some Police
Officers charges/convictions, and not others?

Under what procedure do the Police release names of Officers charged with
crimes?

Furthermore, why was the news of these two officers sackings and the
reasons for their sacking released to the press and the wider public, as
that too would be personal information??

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 03/07/14  I can assure you
that every effort will be made to respond within this new timescale.

I apologise for any inconvenience caused.

Yours faithfully

Sandra Miller

Disclosure Analyst

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL  L69  1JD

Tel. 0151 777 7019

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

Russell Burnikell left an annotation ()

Any reason why you have not replied in time

Freedom Of Information, Merseyside Police

1 Attachment

Dear  Paul of the Woods Family

Response Letter - FOI Application SM162/14 (please quote in all
correspondence)

I write in connection with your request for information which was received
by Merseyside Police on  03/06/14.  I note that you seek access to the
following information:

I cannot see how any of the above rights of a data subject will be
breached by supplying the requested information.

Perhaps you could enlighten me, as to how by supplying the requested
information, will the 1st and 6th Data Protection Principles be breached?

Following receipt of your request searches were conducted within
Merseyside Police to locate information relevant to your request

To locate the information relevant to your request, searches were
conducted in the Information Bureau

Please find attached my full Response Table.

Complaint Rights

Your attention is drawn to the information following this response, which
details your rights of review and of complaint.            

Should you have any further enquiries concerning this matter, please write
to or e-mail me at the below address, quoting the reference number above.

Yours sincerely

Sandra Miller

Disclosure Analyst

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL  L69  1JD

Tel: 0151 777 7019

Fax: 0151 777 7095

E-mail:  [1][Merseyside Police request email]

Making a complaint or appeal about your Freedom of Information response

We accept that sometimes you may not agree with the decision we’ve made
about your Freedom of Information request. If this is the case there is an
internal complaints procedure that should be followed.

You should make your complaint in writing to:

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL

L69 1JD

It should detail:

What the original request was

The nature of the complaint

Why you feel you should have received more information

Your complaint will be fully investigated and will be dealt with by a
staff member who was not involved in the original decision. We will write
to you to advise the outcome of your complaint.

If you are dissatisfied with the results of your complaint you have the
right to appeal to the Information Commissioner. He can be contacted at:

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

More information is available from the Information Commissioner's website

[2]http://www.ico.gov.uk

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

References

Visible links
1. mailto:[merseyside%20police%20request%20email]
2. http://www.ico.gov.uk/

Freedom Of Information, Merseyside Police

1 Attachment

Dear  Paul of the Woods Family ,

Apologies for the delay in sending your response  and for any
inconvenience  this may have caused .

Response Letter - FOI Application SM133/14 (please quote in all
correspondence)

I write in connection with your request for information which was received
by Merseyside Police on  07/05/14   I note that you seek access to the
following information:

Can you tell me why your response took so long, and came AFTER the allowed
time for FOI responses, when all you have done is to simply quote
legislation that you feel is relevant?

Can you also tell me why you choose to release the names of some Police
Officers charges/convictions, and not others?

Under what procedure do the Police release names of Officers charged with
crimes?

Furthermore, why was the news of these two officers sackings and the
reasons for their sacking released to the press and the wider public, as
that too would be personal information??

Following receipt of your request searches were conducted within
Merseyside Police to locate information relevant to your request.  I can
confirm that the information that you requested is held by Merseyside
Police.

To locate the information relevant to your request, searches were
conducted in the  Information Bureau and  Corporate Support and
Development  Media Department

The searches located the records relevant to your request.

I have today decided to disclose the located information to you.  Please
find attached my full Response Table.

Complaint Rights

Your attention is drawn to the information following this response, which
details your rights of review and of complaint.            

Should you have any further enquiries concerning this matter, please write
to or e-mail me at the below address, quoting the reference number above.

Yours sincerely

Sandra Miller

Disclosure Analyst

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL  L69  1JD

Tel: 0151 777 7019

Fax: 0151 777 7099

E-mail:  [1][Merseyside Police request email]

Making a complaint or appeal about your Freedom of Information response

We accept that sometimes you may not agree with the decision we’ve made
about your Freedom of Information request. If this is the case there is an
internal complaints procedure that should be followed.

You should make your complaint in writing to:

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL

L69 1JD

It should detail:

What the original request was

The nature of the complaint

Why you feel you should have received more information

Your complaint will be fully investigated and will be dealt with by a
staff member who was not involved in the original decision. We will write
to you to advise the outcome of your complaint.

If you are dissatisfied with the results of your complaint you have the
right to appeal to the Information Commissioner. He can be contacted at:

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

More information is available from the Information Commissioner's website

[2]http://www.ico.gov.uk

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

References

Visible links
1. mailto:[merseyside%20police%20request%20email]
2. http://www.ico.gov.uk/

Miller Sandra, Merseyside Police

1 Attachment

Dear  Paul of the Woods Family ,

Apologies for the delay in sending your response  and for any
inconvenience  this may have caused .

Response Letter - FOI Application SM133/14 (please quote in all
correspondence)

I write in connection with your request for information which was received
by Merseyside Police on  07/05/14   I note that you seek access to the
following information:

Can you tell me why your response took so long, and came AFTER the allowed
time for FOI responses, when all you have done is to simply quote
legislation that you feel is relevant?

Can you also tell me why you choose to release the names of some Police
Officers charges/convictions, and not others?

Under what procedure do the Police release names of Officers charged with
crimes?

Furthermore, why was the news of these two officers sackings and the
reasons for their sacking released to the press and the wider public, as
that too would be personal information??

Following receipt of your request searches were conducted within
Merseyside Police to locate information relevant to your request.  I can
confirm that the information that you requested is held by Merseyside
Police.

To locate the information relevant to your request, searches were
conducted in the  Information Bureau and  Corporate Support and
Development  Media Department

The searches located the records relevant to your request.

I have today decided to disclose the located information to you.  Please
find attached my full Response Table.

Complaint Rights

Your attention is drawn to the information following this response, which
details your rights of review and of complaint.            

Should you have any further enquiries concerning this matter, please write
to or e-mail me at the below address, quoting the reference number above.

Yours sincerely

Sandra Miller

Disclosure Analyst

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL  L69  1JD

Tel: 0151 777 7019

Fax: 0151 777 7099

E-mail:  [1][Merseyside Police request email]

Making a complaint or appeal about your Freedom of Information response

We accept that sometimes you may not agree with the decision we’ve made
about your Freedom of Information request. If this is the case there is an
internal complaints procedure that should be followed.

You should make your complaint in writing to:

Information Access Unit

Information Bureau

Merseyside Police

PO BOX 59

LIVERPOOL

L69 1JD

It should detail:

What the original request was

The nature of the complaint

Why you feel you should have received more information

Your complaint will be fully investigated and will be dealt with by a
staff member who was not involved in the original decision. We will write
to you to advise the outcome of your complaint.

If you are dissatisfied with the results of your complaint you have the
right to appeal to the Information Commissioner. He can be contacted at:

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

More information is available from the Information Commissioner's website

[2]http://www.ico.gov.uk

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

References

Visible links
1. mailto:[merseyside%20police%20request%20email]
2. http://www.ico.gov.uk/

Paul of the Woods Family

Dear Miller Sandra,

FOI Application SM133/14

Why are the media given access to 'basic details' and yet members of the Public are not afforded this information?

You previously stated that you could not give details of sacked officers who have been charged with an offence, despite me saying in my initial request, that I believe my request is in the Public interest, for the reason that 'The information requested is personal data, which is exempt under Section 40 of the Freedom Of Information Act. Section 40 is an absolute exemption and therefore not subject to any public interest assessment"

And yet now, you are saying that, "Part IV section 32 of the Data Protection Act 1998 provides an exemption (from the usual non-disclosure rules) of the Act whereby personal data can be disclosed for the purposes of Journalism, literature and Art in circumstances of there being a public interest in doing so. These are known as the ‘special purposes’."

Therefore, Sec 40 can NOT be an 'absolute' exemption can it??

And as I said, my original request cited the fact that my request is in the Public interest.

Police Officers committing crimes whilst on duty as Police Officers, whether they are charged and convicted is most definitely in the Public interest, and as you've said the DPA provides an exemption.

I request that the Police use this exemption, and give me the information requested.

Yours sincerely,

Paul of the Woods Family

Freedom Of Information, Merseyside Police

Dear Paul of the Woods Family ,

In response to your recent email are you asking for an expansion on your FOI SM133/14 response or would you like an internal review of that response ?

Regards
Sandra Miller

Sandra Miller
Disclosure Analyst
information Access Unit
Tel 0151 - 777-7019

show quoted sections

Paul of the Woods Family

Dear Freedom Of Information,

FOI SM133/14

Well, as I do not agree with your refusal to supply the requested information for the reasons I have stated in my previous correspondences, I would say yes, I'd like an internal review.

Yours sincerely,

Paul of the Woods Family

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

*The ‘working day’ is defined as 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 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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

Thomas Graham Edmund, Merseyside Police

1 Attachment

Dear Mr. Woods

Further to your request on 10/07/2014 for Merseyside Police to conduct an
internal review of your Freedom of Information request, I confirm that a
review has been completed.

You requested: requests concerning why police officers personal data is
occasionally released in the media but refused under FOI

Decision

I have decided to uphold the original decision. Please see the attached
response table that provides the review decisions and reasons for them.
Additional information is also provided in the response document.

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.

The attached response table will address the requirements of section 17

Complainant Rights:

Should you disagree with this decision you have a further right of appeal
to the Information Commissioner the contact details for whom are below.

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

More information is available from the Information Commissioner's website

[1]http://www.ico.gov.uk

Yours sincerely,

G.E. Thomas.

Disclosure Manager

Tel. 0151 777 7007

Fax. 0151 777 7099

Disclosure Unit, Information Bureau

Merseyside Police, PO Box 59

Liverpool, L69 1JD

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

References

Visible links
1. http://www.ico.gov.uk/