Vera Baird / her staff Not accepting and or acting on IOPC recommendations regarding CC Winton Keenen being investigated by external force - Martin McGartland

Martin McGartland (Account suspended) made this Freedom of Information request to Northumbria Police and Crime Commissioner

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Northumbria Police and Crime Commissioner.

Martin McGartland (Account suspended)

Martin McGartland

01 April 2019

Dear Vera Baird / OPCC Northumbria,

This request relates to the outstanding complaints which I made against CC Winton Keenen and which you / ACC Bacon have been refusing to investigate / have been obstructing.

As you are aware, I have appealed the matter to the IOPC / IPCC and my appeal was Upheld. The IOPC/IPCC decision was that my complaints against Winton Keenen (first made well over 1 year ago ) must be subject of a full investigation.

The IOPC/IPCC can make recommendations and they do state;
"We can also make recommendations to the appropriate authority. If we have made
recommendations to the appropriate authority, then it must consider them and respond to us." The IOPC/IPCC, as you will be aware, made the following 'recommendations' in this case;

1. That the investigation into my complaints against CC Winton Keenen should not be carried out by Vera Baird / her staff, her force (Northumbria police)

2. That the investigation should be carried out by an independent (external) police force.

To date, Vera Baird / her office and staff have not only refused to accept those IOPC/IPCC recommendations BUT they have even attempted to appeal (or complain etc) and or question that decision. This is even when Vera Baird (Former Solicitor General of UK - and QC) and her staff are well aware that IOPC/IPCC decisions are FINAL. And that they can only be challenged in court / via judicial review (JR). Vera Baird / her staff have even taken to writting directly to DG Mr Lockwood concerning the decision.
) he fact is, Vera Baird / her staff (in law) are required to accept the IOPC/IPCC decision (or challenge via JR). The IOPC/IPCC will be acting unlawfully if they attempt to change (or even amend their FINAL decision (and will be acting unlawful - could be challenged by me).

Under FOIA I would like to know;

1. How many other occasions has Vera Baird / her staff failed to accept the recommendations made by IOPC and or IPCC before them. This information is required for past 3 years.

2. How many times during the past 3 years has Vera Baird / OPCC Northumbria threatened the IOPC /IPCC with legal action and or judicial review?

3. Regards part 2 of my request, please supply (if any) dates during past 3 years when legal action and or judicial review has been threatened, i.e. How many times between 2017/17 (including dates), 2017/18, 2018/19 (including dates) etc ...

Yours faithfully,

Martin McGartland

Kevin Payne, Northumbria Police and Crime Commissioner

1 Attachment

Dear Mr McGartland,

I am writing further to your recent email below and respond as follows.

1. How many other occasions has Vera Baird / her staff failed to accept the recommendations made by IOPC and or IPCC before them. This information is required for past 3 years.

NIL. The OPCC have not failed to accept the recommendations in your case. An option is to refer the matter to the IOPC, which has been done.

2. How many times during the past 3 years has Vera Baird / OPCC Northumbria threatened the IOPC /IPCC with legal action and or judicial review?

NIL.

3. Regards part 2 of my request, please supply (if any) dates during past 3 years when legal action and or judicial review has been threatened, i.e. How many times between 2017/17 (including dates), 2017/18, 2018/19 (including dates) etc ...

N/A.

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http://www.northumbria-pcc.gov.uk/transp...

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If you are unhappy with our decision or do not consider that we have handled your request properly and we are unable to resolve this issue informally, you are entitled to make a formal complaint to us under our complaints procedure which is attached.

If you are still unhappy after we have investigated your complaint and reported to you the outcome, you may complain directly to the Information Commissioner’s Office and request that they investigate to ascertain whether we have dealt with your request in accordance with the Act.

Yours sincerely.

Kevin

Kevin Payne
Office of Dame Vera Baird QC
Police and Crime Commissioner for Northumbria

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Martin McGartland (Account suspended)

Martin McGartland

08 April 2019

Dear Vera (Kevin ),

You have failed to accept / act on IOPC/IPCC recommendations. I note what you say regarding fact that you have made a referral . However, not withstand the fact that;

a, You have no grounds (nor have you explain reason for it, by I say that it is unlawful The reason being is that the IOPC/IPCC made a decision which is FINAL (which can not be appealed - which can only be overturned by the court). That decision was that your use (and that of Team Winton - ACC Bacon) of Local resolution (LR) to deal with serious complaints against Winton Keenen did not meet the LR criteria. As a result the IOPC/IPCC ordered a full investigation into my complaints against Winton Keenen. They also made recommendations that you (Vera Baird), your office / staff nor NP (your / Winton Keenen's force) should not investigate those complaints. And that the investigation should be carried out by an external force.

You - Ms Baird - have refused to accept / act on those IOPC / IPCC recomendations (when you, your staff and NP have either failed to record, covered up / whitewashed and ignored evidence in each, every complaint I have ever made) . The case is Final. The IOPC / IPCC have confirmed that my complaints against Winton Keenen (which you / ACC Bacon whitewashed by use of LR - failed to investigate) will need to be investigated, you / your contacting DG Lockwood will not change that.

You are required by law to hold CC Winton to account, not - as you / your office have done in my cases... protect and cover up for him). Will you now be accepting the IOPC / IPCC recommendations and appoint an external police force to investigate my complaints against Winton Keenen? You are delaying and obstructing that investigation with these latest (and circumvented) delays.

I will not accept any type of 'investigation' by you, your staff nor by your force (NP). I have zero trust in you / them. And as all of the evidence / the history shows, you / they will cover up, whitewash, ignore evidence and produce further fundamentally flawed findings (and whitewashes).

In your latest above reply you state: "An option is to refer the matter to the IOPC, which has been done."

Please - under FOIA - disclose;

a, the grounds / reason/s for you making a referral to the IOPC / IPCC.

b, full details of the directions and recommendations that the IOPC / IPCC made concerning this Upheld LR appeal. Note to reader: I have been asking Vera Baird / her office for those details for weeks, they have never been supplied. Not withstanding the above. The IOPC /IPCC stated in their 07 February 2019 decision letter to Vera Baird, her office / NP that; "You are also required to tell the complainant of your response to the directions/recommendations."

I am the complainant , that letter states that you are 'required' to inform me of those details. The letter was sent 2 months ago. Vera Baird / her office and NP are continuing to cover up that information from me. And my requests, as above, to her / her office and even NP for that information continue to be ignored/ Stop the cover up, disclose those details without any further delay.

I trust you with deal with this request in an open and transparent matter. And that all of the details will be disclosed / the request will be answered in full.

Yours sincerely,

Martin McGartland

Kevin Payne, Northumbria Police and Crime Commissioner

Thank you for your email.

I'm afraid this mailbox is not longer in use and is not monitored.

Please contact the office direct on [Northumbria PCC request email] or
0191 221 9800.

 

Martin McGartland (Account suspended)

Dear Northumbria Police and Crime Commissioner,

Only Vera Baird / OPCC Northhmbria could try this one ... 'mailbox no longer in use...'

Yours faithfully,

Martin McGartland

Kevin Payne, Northumbria Police and Crime Commissioner

Dear Mr McGartland,

Your request is the latest in a series of requests that appear to lack any serious purpose or value.

The ICO advises that public authorities do not have to comply with requests if they are deemed to be vexatious.

Your request when viewed objectively and taken in context, can fairly be seen as an attempt to further your campaign against the office of the Police and Crime Commissioner, Northumbria Police and its senior officers. It can therefore be classed as vexatious in nature.

The Act was designed to give individuals a right of access to official information with the intention of making public bodies more transparent and accountable. Your request has been classed as a misuse of this process and is clearly an attempt to disrupt the day-to-day business of the Office of the Police and Crime Commissioner. Despite efforts to provide you information, you have remained dissatisfied with responses supplied to you.

Whilst a requestor cannot normally be classed as vexatious, the history of a requestor can be a contributing factor when considering whether a request can fairly be classed as vexatious. This is certainly relevant in this case.

You have submitted numerous requests both to the OPCC and to Northumbria Police and many of your requests level unfounded accusations at public authorities and staff. Your requests also appear to be sent in a “scatter-gun” effort to fish for information to try to obtain some kind of data to score points against the Office of the Police Commissioner.

You are submitting frequent and overlapping requests about similar issues and any response provided inevitably leads to further requests. Such a step is seen as a deliberate attempt to cause disruption to staff within the Office of the Police and Crime Commissioner who would have to be extracted from everyday duties should they have to be committed to responding to your requests on this subject.

Your request has been classed as manifestly unjustified, inappropriate and an improper use of a formal procedure. It can therefore be classed as vexatious in accordance with Section 14(1) of the Act and accordingly no response is required to be supplied.

You should therefore accept this as a formal refusal under Section 14 of the Act.

Please note that following this response, requests on this and related matters will be classed as vexatious and no acknowledgement or response will be provided.

Yours sincerely.

Kevin

Kevin Payne
Office of Dame Vera Baird QC
Police and Crime Commissioner for Northumbria

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Martin McGartland (Account suspended)

Martin McGartland

24 April 2019

Dear Vera Baird / OPCC Northumbria,

Only you could make such a comment "that appear to lack any serious purpose or value." ... The request relates to Vera Baird / OPCC Northumbria not acting on IOPC/IPCC recommendations that an external police force (not you, not NP) should investigate my complaints against Winton Keenen.

Your Lies and false comments that you make regarding; "Your request when viewed objectively and taken in context, can fairly be seen as an attempt to further your campaign against the office of the Police and Crime Commissioner, Northumbria Police and its senior officers. It can therefore be classed as vexatious in nature."
And; "You have submitted numerous requests both to the OPCC and to Northumbria Police and many of your requests level unfounded accusations at public authorities and staff."

You and your staff continue to suppress / cover up information (in serious breach of DPA (not once, twice or three times,,, but more) relating to me, my cases. You will say / do anything to protect Corrupt Winton Keenen, Team Winton and NP when it concerns my cases (and you continue to protect him from investigation - see my other requests). Anything I have said (and in public) is based on truth and facts. No one has taken action against me for defamation (I wonder why QC Baird) ... Answer - it is more than their jobs are worth.... they (as you are well aware) would have to answer questions under oath.... they don't want to do that...

I note you have STILL not give any details concerning your Lies / false claims of my "unfounded accusations at public authorities and staff"????? Its over to you Vera Baird QC / OPCC Northumbria ..... Now Put Up Or Shut Up. This has been circumvented so that questions I have asked will not be answered due to embarrassment of OPCC /NP.

I'm sooooooo looking forward to details (and maybe evidence - of which there is none) of any examples of "unfounded accusations at public authorities and staff.".... For the record I stand by each / every comment I have ever made in correspondence and or in public (because they are all true).

Yours sincerely,

Martin McGartland