Transforming PSD

Neil Wilby made this Freedom of Information request to Cleveland Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Cleveland Police,

In 2017, the force employed a consultant to facilitate a project called 'Transforming PSD'. His name is John Armstrong, a former Cheshire Constabulary superintendent. The project is referred to in these PCC Scrutiny Meeting minutes:

https://www.cleveland.pcc.police.uk/Docu...

Please disclose the following information:

1. The dates upon which the project commenced and concluded.

2. The total amount paid to Mr Armstrong (or his company) for this project.

3. The final Transforming PSD report, plus appendices.

4. All email correspondence between the PCC's chief executive and Mr Armstrong during the period 1st January, 2017 and December, 2017.

Yours faithfully,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Freedom of Information, Cleveland Police

This mailbox is for Freedom of Information requests only and all other
mail will be deleted unactioned.

 

For Legal please forward your e-mail to
[1][email address] and for Subject Access please
check the Subject Access section of the Cleveland Police website under the
heading of ‘Advice and Information’ or forward your e-mail to
[2][email address] for all other
enquiries please contact Cleveland Police via 101.

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Freedom of Information, Cleveland Police

Enquiry Ref: 10492-19

I acknowledge receipt of your enquiry received by this office on 15th January.

Please be aware that we cannot provide the information to question 4 as this is not our information to disclose you will need to either send it to the pcc.[Cleveland Police request email] or give your permission so that we can forward that onto them.

As set out by the Freedom of Information Act it will be our aim to respond to your request by 12th February. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

If you have any questions regarding your request please contact this office.

Mrs M Johnson
Freedom of Information Decision Maker
Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL

Telephone: 01642 306825 & 01642 306832

Website | Facebook | Twitter | Instagram | LinkedIn

Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

show quoted sections

Dear Freedom of Information,

Thank you for your communication of 16th January, 2019.

I would be most grateful if you could forward Q4 to the PCC's office.

With regard to Q1, it has now been established, via open source material, that Mr Armstrong signed off the Terms of Reference on 17th January, 2017 - and that is taken to be the start date for the project. I trust this assists in reducing the burden further.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

SMITH, Hannah (C8653), Cleveland Police

3 Attachments

Dear Mr Wilby,

 

Please find attached an acknowledgment letter for your Freedom of
Information request, received by the Office of the Police and Crime
Commissioner on Thursday 17th January 2019.

 

Kind regards,

 

Hannah Smith

Support Officer for PCC Services and Communications & Interim Data
Protection Officer

Office of the Police & Crime Commissioner for Cleveland

Postal address: c/o Steria Shared Service Centre, Ash House, III Acres,
Princeton Drive, Thornaby, Stockton-On-Tees, TS17 6AJ

Email: [1][email address]

Tel: 01642 302211

Mobex: 82518

 

Website: [2]www.cleveland.pcc.police.uk

Facebook: [3]Police & Crime Commissioner for Cleveland

Twitter: [4]Cleveland_PCC

 

The Office of the Police and Crime Commissioner takes the protection of
your personal information very seriously. We have recently updated our
[5]Privacy Notice to reflect the new EU’s new data protection legislation
(GDPR), which was introduced on 25^th May 2018. This sets out exactly how
and why we use, hold and store your personal information.

 

We have also updated our website to provide information about what
[6]rights you have over the personal information we hold about you. You
have the right to withdraw your consent to us holding your information at
any time. Please visit our website for more details on how to make an
[7]Information Rights request.

 

004580/00126199

 

show quoted sections

Dear Hannah,

Thank you for the prompt and helpful response.

I am duly grateful to both the force, and the PCC's office, that it can be handled in this way.

Have a good weekend.

Kind regards,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Freedom of Information, Cleveland Police

1 Attachment

Dear Mr Wilby,

Enquiry Ref: 10492/2019

I write in connection with your request for information dated 15th January 2019 and received by this office on that date. Below are the questions raised in your request and our response.

In 2017, the force employed a consultant to facilitate a project called 'Transforming PSD'. His name is John Armstrong, a former Cheshire Constabulary superintendent. The project is referred to in these PCC Scrutiny Meeting minutes:
https://www.cleveland.pcc.police.uk/Docu...

Please disclose the following information:

1. The dates upon which the project commenced and concluded.
a) Mr Armstrong started with us in January 2017 and completed his time with us in early November 2018.
2. The total amount paid to Mr Armstrong (or his company) for this project.
a) We have been advised by our finance department that this information is owned and held by the PCC’s office and we have asked them to provide you with the information.
3. The final Transforming PSD report, plus appendices.
a) A copy of the document is attached.
4. All email correspondence between the PCC's chief executive and Mr Armstrong during the period 1st January, 2017 and December, 2017.
a) The request for this information was passed to the PCC’s office, with your approval for them to respond.

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

If we can be of any further assistance please do not hesitate to contact this office on 01642 306825 or 01642 306832.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
Tel: 01642 306832 or 01642 306825
E-mail: [Cleveland Police request email]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

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Dear Freedom of Information,

Thank you for the information disclosed and, also, for the helpful approach throughout the process.

I am, of course, duly grateful and will underscore those viewpoints via social media.

The Cleveland Police file regarding this request can now be closed - and I'm hoping the PCC's office will disclose the remaining materials before too long.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Freedom of Information, Cleveland Police

Dear Mr Wilby,

Enquiry Ref: 10492/2019

Thank you for your e-mail of 12th February conveying your thanks to this office it is appreciated.

In my response I advised you, based on information we had been provided with, that information to answer question 2 was owned and held by the PCC’s office and as a result we asked them to provide you with the information. We have, however, now been advised that this was an error and Cleveland Police do hold the information.
Below is the full question and our response.
2. The total amount paid to Mr Armstrong (or his company) for this project.
a) The total paid over the period 2nd March 2017 – 30th November 2018 was £161,969.

Please accept my sincere apologies for this error, I hope that it has not caused any problems for you.
If we can be of any further assistance please do not hesitate to contact this office on 01642 306825 or 01642 306832.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
Tel: 01642 306832 or 01642 306825
E-mail: [Cleveland Police request email]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

show quoted sections

Dear Freedom of Information,

Thank you for the additional information.

No apology is necessary and there has been no inconvenience.

The question did, however, ask for a split between payees (if applicable): John Armstrong and/or his company (which should be named if applicable).

It would also assist if a schedule of payments (invoice date, amount, date paid) could be provided?

Thank you, once again, for your kind assistance and co-operation in this matter.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

SMITH, Hannah (C8653), Cleveland Police

4 Attachments

Dear Mr Wilby,

 

Please find attached a response to your Freedom of Information request,
received by the Office of the Police and Crime Commissioner on 17 January
2019.

 

Also attached is a zip file containing the emails you requested.

 

Kind regards,

 

Hannah Smith

Support Officer for PCC Services and Communications & Interim Data
Protection Officer

Office of the Police & Crime Commissioner for Cleveland

Postal address: c/o Steria Shared Service Centre, Ash House, III Acres,
Princeton Drive, Thornaby, Stockton-On-Tees, TS17 6AJ

Email: [1][email address]

Tel: 01642 302211

Mobex: 82518

 

Website: [2]www.cleveland.pcc.police.uk

Facebook: [3]Police & Crime Commissioner for Cleveland

Twitter: [4]Cleveland_PCC

 

The Office of the Police and Crime Commissioner takes the protection of
your personal information very seriously. We have recently updated our
[5]Privacy Notice to reflect the new EU’s new data protection legislation
(GDPR), which was introduced on 25^th May 2018. This sets out exactly how
and why we use, hold and store your personal information.

 

We have also updated our website to provide information about what
[6]rights you have over the personal information we hold about you. You
have the right to withdraw your consent to us holding your information at
any time. Please visit our website for more details on how to make an
[7]Information Rights request.

 

 

004580/00132343

 

References

Visible links
1. mailto:[email address]
2. blocked::http://www.cleveland.pcc.police.uk/ http://www.cleveland.pcc.police.uk/
http://www.cleveland.pcc.police.uk/
3. blocked::http://www.facebook.com/pages/Police-Cri... http://www.facebook.com/pages/Police-Cri...
http://www.facebook.com/pages/Police-Cri...
4. blocked::https://twitter.com/Cleveland_PCC https://twitter.com/Cleveland_PCC
https://twitter.com/Cleveland_PCC
5. https://www.cleveland.pcc.police.uk/Info...
6. https://www.cleveland.pcc.police.uk/Info...
7. https://www.cleveland.pcc.police.uk/Info...

Dear Hannah,

Thank you for the response to my information request.

I am grateful for your assistance. Particularly in seemlessly picking up question 4 that was mis-directed to the force in the first instance. The police information rights team has been similarly helpful.

There is just one residual point to which I would draw your attention, if I may? After scan-reading the disclosed emails it did appear, on one reading of them, that there was a final report produced by Mr Armstrong that might have been different to the one disclosed, as such, by the force. Which has the look and feel of what was, seemingly, the final bulletin in a series of internal updates.

Would you please be kind enough to check this point with your force colleagues before we close this request file?

Best regards,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

SMITH, Hannah (C8653), Cleveland Police

2 Attachments

Dear Neil,

 

Thank you for your email.

 

I will seek to get absolute clarity on that point for you when I get back
from leave on Monday 25th February.

 

Should you have any urgent enquiries in the meantime, please feel free to
contact either the Force FOI team or the OPCC.

 

Kind regards,

 

Hannah Smith

Support Officer for PCC Services and Communications & Interim Data
Protection Officer

Office of the Police & Crime Commissioner for Cleveland

Postal address: c/o Steria Shared Service Centre, Ash House, III Acres,
Princeton Drive, Thornaby, Stockton-On-Tees, TS17 6AJ

Email: [1][email address]

Tel: 01642 302211

Mobex: 82518

 

Website: [2]www.cleveland.pcc.police.uk

Facebook: [3]Police & Crime Commissioner for Cleveland

Twitter: [4]Cleveland_PCC

 

The Office of the Police and Crime Commissioner takes the protection of
your personal information very seriously. We have recently updated our
[5]Privacy Notice to reflect the new EU’s new data protection legislation
(GDPR), which was introduced on 25^th May 2018. This sets out exactly how
and why we use, hold and store your personal information.

 

We have also updated our website to provide information about what
[6]rights you have over the personal information we hold about you. You
have the right to withdraw your consent to us holding your information at
any time. Please visit our website for more details on how to make an
[7]Information Rights request.

 

004580/00132387

 

 

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Freedom of Information, Cleveland Police

Dear Mr Wilby,

Enquiry Ref: 10492/2019

I write in response to your e-mail of 14th February 2019 in which you state;

The question did, however, ask for a split between payees (if applicable): John Armstrong and/or his company (which should be named if applicable).

However on checking the original request 2 asked for;
2. The total amount paid to Mr Armstrong (or his company) for this project.

Cleveland Police have provided all of the information requested, should you require a breakdown of the payment schedule please submit a new request and it will be dealt with accordingly.

If we can be of any further assistance please do not hesitate to contact this office on 01642 306825 or 01642 306832.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
Tel: 01642 306832 or 01642 306825
E-mail: [Cleveland Police request email]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

show quoted sections

Dear Freedom of Information,

Thank you for your communication of even date.

Please treat my communication to you, dated 14th February, 2019 as a new request under the Act.

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Freedom of Information, Cleveland Police

Dear Mr Wilby,

Enquiry Ref: 10609/2019

I acknowledge receipt of your request received by this office on 18th February 2019.

As set out by the Freedom of Information Act it will be our aim to respond to your request by 18th March 2019. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

If you have any questions regarding your request please contact this office on 01642 306825 or 01642 306832.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
Tel: 01642 306832 or 01642 306825
E-mail: [Cleveland Police request email]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

show quoted sections

Freedom of Information, Cleveland Police

Dear Mr Wilby

Enquiry Ref: 10609-9

I write in connection with e-mail dated 14th February 2019 in response to our reply to your request of 15th January 2019.

You asked for a breakdown of the payments made to John Armstrong and/or his company (which should be named if applicable).

It would also assist if a schedule of payments (invoice date, amount, date paid) could be provided?

a) We have contacted the finance department a relayed your comments/request to them and below is the breakdown of payments they have provided to us.

Please see below breakdown of payments made to Mr John Armstrong
February 2017 £10,125.00
March 2017 £7,425.00
April 2017 £6,075.00
May 2017 £11,366.60
June 2017 £16,079.49
July 2017 £12,612.30
August 2017 £6,487.61
September 2017 £9,892.11
October 2017 £5,283.21
December 2017 £16,805.46
January 2018 £6,051.36
February 2018 £8,355.81
April 2018 £16,034.28
May 2017 £6,048.33
June 2018 £6,048.33
July 2018 £5,280.18
September 2018 £6,048.33
October 2018 £1,439.42
November 2018 £4,512.03

2016/2017 – £17,550
2017/2018 – £99,009
2018/2019 - £45,410
Total Paid - £161,969

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

If I can be of any further assistance please do not hesitate to contact this office on any of the below numbers.

Mrs M Johnson
Freedom of Information Decision Maker
Department of Standard & Ethics | 1 Cliffland Way | Hemlington | TS8 9GL

Telephone: 01642 306825 & 01642 306832

Website | Facebook | Twitter | Instagram | LinkedIn

Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

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Good morning Hannah,

Further to your email to me of 14th February, 2019, are you now in a position to respond?

Kind regards

Neil Wilby
Investigative journalist

Web: neilwilby.com
Twitter: @Neil_Wilby

Dear Freedom of Information,

Thank you for the information disclosed to me earlier today. I am most grateful.

In view of the extraordinarily high value of the payments, coupled with the wider public interest in Mr Armstrong's work and rewards (principally concerning Greater Manchester Police it must be said) may I further request disclosure of Mr Armstrong's invoices which should reveal what work was carried out to justify these payments.

I completely understand that this will have to be treated as a new request, falling for finalisation promptly, and in any event, within 20 working days.

There is ample precedent for disclosure of invoices relating to contractor payments, via the Act. Including this one made recently to North Yorkshire Police by a Mr Edward Williams: https://www.whatdotheyknow.com/request/o...

Yours sincerely,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Freedom of Information, Cleveland Police

Dear Mr Wilby,

Enquiry Ref: 10727/2019

I acknowledge receipt of your request received by this office on 18th March 2019.

As set out by the Freedom of Information Act it will be our aim to respond to your request by 16th April 2019. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

If you have any questions regarding your request please contact this office on 01642 306825 or 01642 306832.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
Tel: 01642 306832 or 01642 306825
E-mail: [Cleveland Police request email]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

show quoted sections

SMITH, Hannah (C8653), Cleveland Police

2 Attachments

Dear Mr Wilby,

 

First of all I would like to apologise for the delay in responding to your
request.

 

I have had further correspondence with Cleveland Police's Head of the
Directorate of Standards and Ethics Mrs Cristiana Emsley, who has informed
me that there was no other report at the end of the Transforming
Professional Standards project other than the one page briefing note
disclosed within your FOI response from Cleveland Police.

 

If you have a specific question regarding another report referenced in the
emails provided as part of our FOI response, you are very welcome to
submit an FOI request to either ourselves or the FOI team at Cleveland
Police.

 

Kind regards,

 

Hannah Smith

Support Officer for PCC Services and Communications & Interim Data
Protection Officer

Office of the Police & Crime Commissioner for Cleveland

Postal address: c/o Steria Shared Service Centre, Ash House, III Acres,
Princeton Drive, Thornaby, Stockton-On-Tees, TS17 6AJ

Email: [1][email address]

Tel: 01642 302211

Mobex: 82518

 

Website: [2]www.cleveland.pcc.police.uk

Facebook: [3]Police & Crime Commissioner for Cleveland

Twitter: [4]Cleveland_PCC

 

The Office of the Police and Crime Commissioner takes the protection of
your personal information very seriously. We have recently updated our
[5]Privacy Notice to reflect the new EU’s new data protection legislation
(GDPR), which was introduced on 25^th May 2018. This sets out exactly how
and why we use, hold and store your personal information.

 

We have also updated our website to provide information about what
[6]rights you have over the personal information we hold about you. You
have the right to withdraw your consent to us holding your information at
any time. Please visit our website for more details on how to make an
[7]Information Rights request.

 

004580/00138302

 

 

show quoted sections

Dear Hannah,

Thank you for the prompt response.

No apology is necessary.

I will wait for the requested disclosure of the invoices relating to the project, made to force rather than your office. That may (and I hope) obviate the need for any further requests.

Kind regards,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

SMITH, Hannah (C8653), Cleveland Police

2 Attachments

Dear Mr Wilby,

 

Thank you for your patience.

 

I will close your FOI request file at our end, but you can contact us
about it at any time by quoting reference 4580.

 

Please don't hesitate to get in touch should you require anything further
from us.

 

Kind regards,

 

Hannah Smith

Support Officer for PCC Services and Communications & Interim Data
Protection Officer

Office of the Police & Crime Commissioner for Cleveland

Postal address: c/o Steria Shared Service Centre, Ash House, III Acres,
Princeton Drive, Thornaby, Stockton-On-Tees, TS17 6AJ

Email: [1][email address]

Tel: 01642 302211

Mobex: 82518

 

Website: [2]www.cleveland.pcc.police.uk

Facebook: [3]Police & Crime Commissioner for Cleveland

Twitter: [4]Cleveland_PCC

 

The Office of the Police and Crime Commissioner takes the protection of
your personal information very seriously. We have recently updated our
[5]Privacy Notice to reflect the new EU’s new data protection legislation
(GDPR), which was introduced on 25^th May 2018. This sets out exactly how
and why we use, hold and store your personal information.

 

We have also updated our website to provide information about what
[6]rights you have over the personal information we hold about you. You
have the right to withdraw your consent to us holding your information at
any time. Please visit our website for more details on how to make an
[7]Information Rights request.

 

004580/00138474

 

 

show quoted sections

Dear Cleveland Police,

Please pass this communication to an appropriately qualified officer to conduct an internal review request.

The force is in breach of both section 10 and 17 of the Act and I require a credible explanation as to why a law enforcement agency treats its statutory obligations so casually. To assist the process please disclose all internal and external communications relating to this information request, including meetng notes, briefing notes, pocket book, day book and diary entries.

The directing mind behind this request is also in breach of the College of Policing's Authorised Professional Practice and, thus, the Code of Ethics (respect and courtesy, neglect of duty). It is reasonable to expect that the officer concerned will self-refer to the Standards and Ethics Department of Cleveland Police. If that does not happen, the matter will be taken up with the Independent Office for Police Conduct.

The irony of the subject matter of this request is not lost on this journalist, at least. An article is in preparation that will critically examine why Cleveland Police has spent £161,000 with an external contractor on a 'transformation project' that has failed at the most basic level. If your force is breaking the law, and breaching the Code of Ethics, in plain sight of hundreds of thousands of What Do They Know users and readers, then it automatically begs the question what is still happening behind closed doors.

I would be grateful if this communication could be drawn to the attention of the new chief constable.

Yours faithfully,

Neil Wilby
Investigative journalist

Twitter: @Neil_Wilby
Web: neilwilby.com

Freedom of Information, Cleveland Police

1 Attachment

Dear Mr Wilby,

Enquiry Ref: 10727/2019

I write in connection with your request for information dated 18th March 2019 and received by this office on that date. Please accept my apologies for the delay in replying to your request, which was due yesterday, caused by a high volume of incoming requests and annual leave commitments. In your request, which was in response to a previous reply from us, you requested “disclosure of Mr Armstrong's invoices which should reveal what work was carried out to justify these payments”.
a) I have made enquiries within the force and have obtained some information but have been making further enquiries to determine if anything further is held.
I have attached redacted copies of the information currently held by this office, which is all that the Finance department were able to provide. They have advised that any additional payments made after this were subsequently paid through the payroll (on a zero hours contract).
Key for work/time sheet provided.
SN = Simon Nickless
WS = Warren Shepheard
FG = Fiona Gaskill

I am sorry that we have had to split the response but due to human error the fact that other information may be held by another department was missed. As soon as the error was noted a request for the additional information was sent.

The redactions referred to above relate to;
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 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.
Cleveland Police can neither confirm nor deny that it holds information pertinent to this request as the duty in Section 1(1) (a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions:
Section 30(3) – Investigations and proceedings conducted by public authorities
Section 40(5) Personal Information

Section 40 is an absolute exemption, which means that the legislators have identified that harm would be caused by any release. In addition there is no requirement to consider the public interest test.
By way of explanation to you I would point out the following: Under subsection 2 of Section 40 of The Freedom of Information Act, information is exempt information if it constitutes personal information of which the applicant is not the data subject. In order to be considered exempt personal information, the information must satisfy one of two conditions. It must either be information which would be exempt from disclosure to the data subject under the provisions of the Data Protection Act 1998, or disclosure of the information would contravene any of the Data Protection Principles or cause damage or distress to the data subject.

On this occasion the information contained within and redacted from the attached documents is personal information and would contravene the first principle of the General Data Protection Regulation (GDPR) - lawfulness, fairness and transparency, what are the likely expectations of the data subjects, in that would they expect the Cleveland Police to release personal details to the world, since release of information under The Freedom of Information Act 2000, is release to the world at large and not just to the individual applicant and as such I believe to do so would amount to unfair processing and hence therefore is exempt under Section 40(2)(a).

Section 30 is a class based qualified exemption and consideration must be given as to whether there is a public interest in neither confirming nor denying the information exists is the appropriate response.

Factors favouring confirming or denying whether any other information is held for Section 30
The public is entitled to know what their public funds are spent on. Even though investigations may be closed and any proceedings may have been completed and have been high profile.

Factors against confirming or denying whether any other information is held for Section 30
By confirming or denying the details of operational business areas discussed force’s future law enforcement capabilities would be affected and this would hinder the prevention and detection of crime.
Balance test
The security of the country is of paramount importance and the Police service will not divulge whether information is or is not held if to do so could undermine National Security or compromise law enforcement. Whilst there is a public interest in the transparency of policing operations and in this case providing assurance that the police service is acting appropriately and effectively, there is a very strong public interest in safeguarding both national security and the integrity of police investigations and operations.
As much as there is public interest in knowing what areas have been looked at in relation to the transformational review the disclosure of some business areas would not be appropriate as it could impact on the result of said investigations/operations and will only be overridden in exceptional circumstances.
Therefore it is our opinion that for these issues the balancing test for confirming or denying whether any information is held regarding these techniques is not made out.

None of the above can be viewed as an inference that the information you seek does or does not exist.

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

Once again please accept my apologies for the failure to reply on time, I would hope to provide you with the remainder of the information as soon as possible and no later than 30th April 2019.
I have recorded your request for an internal review and once you have all of the information I will forwarded onto the internal reviewer. If we can be of any further assistance please do not hesitate to contact this office on 01642 306825 or 01642 306832.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
Tel: 01642 306832 or 01642 306825
E-mail: [Cleveland Police request email]

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Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

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Freedom of Information, Cleveland Police

2 Attachments

Dear Mr Wilby,

Enquiry Ref: 10727/2019

I write in connection with your request for information dated 18th March 2019 and received by this office on that date. Once again please accept my apologies for the delay in replying to your request caused by a high volume of incoming requests and annual leave commitments. In your request, which was in response to a previous reply from us, you requested “disclosure of Mr Armstrong's invoices which should reveal what work was carried out to justify these payments”.
a) on 17th April 2019, following enquiries within the force, we provided redacted copies of the information that was held by this office at that time, and advised you we had been informed that any additional payments made after this were subsequently were paid through the payroll (on a zero hours contract).
I have now received the information regarding the remainder of the payments all of which were made via the payroll, this information consists of simply the number of hours worked on each of the days claimed for, in line with zero hours contracts terms & conditions, approved by The Chief Finance Officer. Attached is a list of the dates worked and hours claimed for and a blank example of the zero hours’ time sheet.

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

Once again please accept my apologies for our failure to reply on time. If we can be of any further assistance please do not hesitate to contact this office on 01642 306825 or 01642 306832.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
Tel: 01642 306832 or 01642 306825
E-mail: [Cleveland Police request email]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

show quoted sections