Dear Essex Police,

I request a cost break down by month of investigations and legal costs incurred by Essex police force to date. ( proceedings still ongoing )

Including compensation paid and to be paid.

This is regarding

Naveen Jay Beefnah vs. The chief constable of Essex police force

Our REF: JRE/BVA/126803.0010

You’re REF: ESS139-1341652

Yours faithfully,

Naveen Beefnah

Info Rights Freedom Essex, Essex Police

1 Attachment

Thank you for your enquiry which has been logged under the above reference
13669.

Under the Freedom of Information Act we are required to reply within 20
working days. The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at s14 may be engaged
if the burden on the authority is increased through multiple requests on
differing subjects

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[1]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[2]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Kind regards,

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [3][email address]

 

[4]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[5]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [6][email address]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [7]https://ico.org.uk/

 

 

 

show quoted sections

Info Rights Freedom Essex, Essex Police

1 Attachment

Thank you for your enquiry which has been logged under the above
reference.

 

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held. Where exemptions are
relied upon Section 17 of the FOIA requires that we provide 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 your enquiry:

 

I request a cost break down by month of investigations and legal costs
incurred by Essex police force to date. ( proceedings still ongoing )

 

Including compensation paid and to be paid.

 

This is regarding

 

Naveen Jay Beefnah vs. The chief constable of Essex police force

 

Essex Police can neither confirm nor deny that it holds any further
information in respect of your submission as the duty in Section 1(1)(a)
of the Freedom of Information Act does not apply by virtue of the
following exemptions:

 

S30 Investigations and Proceeding

S31 Law enforcement

S40(1) Personal Information

 

Section 30 is a class based qualified exemption and there is a requirement
to consider the public interest.

 

Overall Harm

Whilst there is a public interest in the transparency of policing
operations and providing assurance that the Police Service is
appropriately and effectively engaging with the crime, there is a very
strong public interest in safeguarding the integrity of Police
investigations.

 

The prevention and detection of crime is the foundation upon which
policing is built and the Police have a clear responsibility to prevent
crime and arrest those responsible for committing crime or those that plan
to commit crime. Investigations may still be on-going and releasing
details into the public domain could allow individuals to be identified
and affect the investigation.

 

Section 30

Factors favouring Disclosure for Section 30

Confirming or denying that any information exists relevant to this request
would lead to a better informed public demonstrating that Essex Police
appropriately investigates and responds to an investigation. It may
encourage individuals to provide intelligence in order to assist
investigations and reduce crime. There is a public interest in the
community being made aware of all the facts relating to this area of
policing in order to ensure complete openness and transparency.
Confirmation or denial would also highlight that police resources are
being utilised to focus on criminal offending.

 

Factors favouring Non-Disclosure for Section 30

The Police Service will never disclose information which could identify
investigative activity and would prejudice any on-going investigations,
this could inform the offenders of the Police focus and, therefore,
undermine their investigations. To do so would hinder the prevention or
detection of crime.

 

Balancing Test

The Police Service is charged with enforcing the law, preventing and
detecting crime and protecting the communities we serve.  As part of that
policing purpose, the prevention and detection of crime is the foundation
upon which policing is built and the Police have a clear responsibility to
prevent crime and arrest those responsible for committing crime or those
that plan to commit crime.

 

The disclosure of any exempted information would identify the Police
focus, undermine investigative process and compromise the integrity of any
operations.

 

S31 Law Enforcement

To provide any further information could compromise law enforcement and
undermine policing, which would hinder the UK Police service’s ability to
prevent and detect criminality in this area. 

 

S40(1) Personal Information

Information disclosed under FOI is effectively released to the wider world
or into the public domain. Consequently, in cases where the public request
information related to individuals, it would be rare for a Police Force to
release such information under the terms of the FOI Act. Any individual or
Third Party would not would not expect that their personal data would be
disclosed in response to a request under the FOI Act, any disclosure could
breach GDPR data protection principles.

 

The information you have requested, if held, would be personal data as
defined at article 4(1) of the GDPR and we would be obliged to only use or
disclose that personal data (including releasing under the FOI Act) in
compliance with the GDPR Data Protection Principles which are set out at
Article 5 of the GDPR. To confirm whether or not we held the personal
data, would in itself, also be a disclosure that would need to comply with
the GDPR Principles.

 

In our view, confirmation whether or not we hold or have held  the
information and disclosing it if we did, would breach at least one of the
GDPR Data Protection Principles – namely that set out Article 5(1)(a)
which requires, in part, that the disclosure should be fair to the
individuals the information relates to. Fairness involves consideration
as to whether the information concerned is special category personal data
(which it would be in this scenario), the possible consequences of
disclosure on the individual(s) it relates to, and the reasonable
expectation of those individuals, taking into account their legitimate
expectations both at the time the information was collected.

 

Our decision that the confirmation or disclosure would breach at least one
of the GDPR Data Protection Principles means that exemptions within the
FOIA Act are engaged which mean that we do not have to confirm if the
information is held or supply it if it was. These are: Section
40(5B)(a)(i) and Section 40(3a)(a) respectively.

 

This refusal should not be regarded as neither confirming or denying any
information exists relating to this request.

 

Essex Police trusts that the information provided is of assistance. Thank
you for your interest in Essex Police.

 

Kind regards, 

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [1][Essex Police request email]

 

[2]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[3]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [4][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [5]https://ico.org.uk/

 

 

From: Info Rights Freedom Essex
Sent: 24 September 2019 14:36
To: 'Naveen Beefnah' <[6][FOI #606847 email]>
Subject: FOI 13669 - Naveen Jay Beefnah vs. The chief constable of Essex
Police - Costs

 

Thank you for your enquiry which has been logged under the above reference
13669.

Under the Freedom of Information Act we are required to reply within 20
working days. The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit. However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature.

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at s14 may be engaged
if the burden on the authority is increased through multiple requests on
differing subjects

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests. Further
information can be found on the Commissioner’s website at
[7]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[8]https://ico.org.uk/for-the-public/offici...

 

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Kind regards,

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [9][Essex Police request email]

 

[10]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[11]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [12][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [13]https://ico.org.uk/

 

 

 

show quoted sections