Tactically delaying a conduct complaint for almost a year and a half

Response to this request is long overdue. By law, under all circumstances, Humberside Police should have responded by now (details). You can complain by requesting an internal review.

Giovanni Pisano

Dear Humberside Police,

A complaint submitted to the force alleged wrongful arrest and false imprisonment. The victim also expressed his suspicion that the arresting officer incited a witness to commit perjury. The witnesses had committed criminal offences by making false allegations which they backed up with detailed statements to the police and so should have been prosecuted as they were liable to imprisonment for perverting the course of justice. The officer whom the complaint was referred to hadn't opened the file until 370 days after he had been allocated it so the delay could not have been attributed to the complexity of the matter.

The Professional Standards Branch (PSB) was contacted directly a number of times in connection with the delay roughly 400 days after the conduct complaint was made. Each time the PSB stated that they would get the resolving officer to provide an update regarding how the investigation was progressing. According to the Independent police Complaints Commission (IPCC) an update should be provided every 28 days from when a complaint has been formally recorded under the Police Reform Act 2002. On that basis the number of updates should have far exceeded 10 at around the time the PSB was contacted.

The PSB considered it had done everything within its power to ensure the investigation was being dealt with in a timely and professional manner. However, there is no evidence that the PSB's involvement extended to anything more than asking the appointed officer for updates and to remind him that an update be sent to the complainant.

The PSB defended the officer implying his workload left him no time to deal with the complaint which suggests that the PSB were conscious that the allocation to this officer was inappropriate and could have been deliberately engineered to cause the maximum amount of delay. For example, it would benefit the force to ensure that by the time investigations had completed any legal proceedings regarding a breach of Human Rights that the victim intended bringing upon the outcome, would be statute barred.

What disciplinary measures would the force be expected to take against someone responsible for deliberately delaying a conduct complaint being dealt with so the complainant/victim needed to wait nearly a year and a half?

Yours faithfully,

Giovanni Pisano

Information Compliance, Humberside Police

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

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expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

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Giovanni Pisano

Dear Information Compliance,

Response to this request is delayed. By law, Humberside Police should normally have responded promptly and by 30 June 2017.

Yours sincerely,

Giovanni Pisano

Information Compliance, Humberside Police

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Clement, Angela 8587, Humberside Police

Dear Giovanni Pisano

Thank you for your request for information dated 2 June 2017 concerning tactically delaying a conduct complaint.

Section 8(1)(b) of the FOIA requires that a request for information must include the real name of the requester. If the requester; fails to provide a name; can’t be identified from the name provided (for example because they have only used their first name or initials); or, is using an obvious pseudonym, then the request won’t meet the requirements of section 8(1)(b) and will technically be invalid.

For a request to be valid, the requester must provide enough of their real name to give anyone reading that request a reasonable indication of their identity. This means that if the staff processing the request cannot identify the requester from the name provided, that request will be invalid.

Whilst it is not routine that we would seek identification, we have determined that that on this occasion owing to similarities to previous requests and other requests received in this name and we require your identification to proceed with these requests.

Once in receipt we will deal with your requests, should you need to discuss this further please do not hesitate to contact me.

Yours sincerely

Angela Clement| Senior Information Compliance Officer| Humberside Police |
Tel: 01482 340669 (3669) | Email: [email address]

show quoted sections

Giovanni Pisano

Dear Clement, Angela 8587,

I have it on good authority that if an issue has escalated to the Information Commissioner concerning a public body such as Humberside police to adjudicate on and the investigator is lied to by the public body's representative to gain an advantage over the complainant, then the investigating case officer has no discretion but to accept what he is told.

I suggest Humberside police do the same and accept the name given.

Yours sincerely,

Giovanni Pisano

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