WC201R Community Resolution Form

Sonia Wright made this Freedom of Information request to West Midlands Police

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

The request was partially successful.

Dear West Midlands Police,

Please will you provide a template copy of the WC201R Form headed as the Community Resolution Form. There are also notes for guidance accompanying this form. Please provide a copy. The form was last amended in 2009. Please will you also provide the policies, procedures or guidance on what kind of incidents this resolution form is used for.

Thankyou.

Yours faithfully,

Sonia Wright

b_foi, West Midlands Police

1 Attachment

Dear Ms Wright

FREEDOM OF INFORMATION ACT 2000

Thank you for your request for information, received 13 May 2011
concerning WC201R Community Resolution Form.

Your request is being considered and you will receive a response within
the statutory timescale of 20 working days, as defined by the Act, subject
to the application of any statutory exemptions. Where consideration is
being given to the application of any exemptions the 20 working day
timescale may be extended under the terms of the Act to a period
considered reasonable depending on the nature and circumstances of your
request. In such cases you will be notified and, where possible, a revised
time-scale will be indicated. In all cases we shall attempt to deal with
your request at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of
the information requested, where the request exceeds the statutory limit.
In such cases you will be informed in writing and the 20 working day
timescale will be suspended until we receive payment from you or your
request is modified and /or reduced. If you chose not to make full payment
or modify your request then the request will remain unanswered.

Your request may require either full or partial transfer to another public
authority. You will be informed if your request is transferred.

Yours sincerely,

Freedom of Information Unit

b_foi, West Midlands Police

Dear Ms Wright

FREEDOM OF INFORMATION ACT 2000

Thank you for your requests for information received 22 April, 14 May and
15 May 2011 concerning Institutional Racism and Community Resolutions.
These requests have been handled under the Freedom of Information Act 2000
and have been combined for the purposes of Section 12 of that Act.

As previously outlined with respect to your first request (our reference
4599) data on discipline is only stored in an easily retrievable manner
for March 2004 to present day. Therefore to answer questions 2 and 3
would require a manual search of all records. Such a search would exceed
the appropriate limit (FOIA, s.12 (1)). In addition your subsequent
requests ask for a wide range of documentation and statistics. If any one
part of the request exceeds the appropriate limit then the cost of
compliance with the whole request is deemed to be above the amount to
which we are legally required to respond, i.e. the cost of locating and
retrieving the information would exceed the appropriate costs limit under
section 12 of the Freedom of information Act 2000. For West Midlands
Police, the appropriate limit is set at £450, as prescribed by the
Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004, S.I. 3244. A public authority which, in relation to any
request for information, is relying on a claim that section 12 applies
must, within the time for complying with Section 1(1), give the applicant
a notice stating that fact. In accordance with the Freedom of Information
Act 2000, this letter acts as a refusal notice.

However rather than refusing your request outright at this stage, I would
like to explore with you how West Midlands Police may best assist you to
request relevant information which we hold. We could provide, within the
cost limit:

Answers to all of your questions regarding request reference 4599/11, plus
data for questions 2 and 3 for the period April 2004 to March 2011 (as
previously outlined).

The Force Directive on Proportionate Investigation

'Doing the right thing' booklet

Guidance for dealing with excluded offences as 'special cases'.

The Crime Recording/Investigation flow chart

A list of eligible offences

How to decide which forms to use during the Local Investigation Process

The new Local Investigation Report (WC200 R)

The new Community Resolution Form (WC201 R)

Guidance on Community Resolutions

Training presentation provided on OCU

Training Examples used to demonstrate how professional judgment can be
applied

Top Tips for working with the new process

Supervisor's Notes

Docutrak Filing Options for supervisors / crime assessors

Crime assessors checklist for good quality WC201Rs

Information on the role of the LPU Lead

A description of the origins of community resolutions

A copy of a study/evaluation of the initial pilot (October 2008), and a
copy of an evaluation carried out in August 2009

An answer to the questions:

Â*Do suspects require "legal advice" before signing "community
resolutions"

Â*What are the appeal procedures for someone who is unhappy with the
manner in which Community Resolutions are conductedÂ*

Â*Please provide the types of crime community resolutions are applicable
for Community Resolutions are made available to officers to use for all
offences with specific guidelinesÂ*.

Â*Please provide information of where these resolutions are recorded on
the police databaseÂ*.

Â*Please confirm whether community resolutions are disclosed on an
enhanced CRBÂ*

If you wish to refine your requests in some other way, please contact me
and I will see what can be provided.

To enable us to proceed with your request I would be grateful if you could
confirm whether you wish us to provide the information outlined above.
After receiving your reply, your request will be considered and you will
receive a response within the statutory timescale of 20 working days, as
defined by the Act, subject to the application of any statutory
exemptions. If you chose not to respond then your request will remain
unanswered.

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

http://www.west-midlands.police.uk/pdf/F...

Please note that such an appeal must be received within six months of the
date of this correspondence.

If you require any further information, then please do not hesitate to
contact me.

Yours sincerely,

Carl Bird

Freedom of Information Unit

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Dear b_foi,

Yes. Anything you can provide would be useful.

Yours sincerely,

Sonia Wright

b_foi, West Midlands Police

Dear Ms Wright

FREEDOM OF INFORMATION ACT 2000

Thank you for your request for information, received 13th June 2011.

Your request is being considered and you will receive a response within the statutory timescale of 20 working days, as defined by the Act, subject to the application of any statutory exemptions. Where consideration is being given to the application of any exemptions the 20 working day timescale may be extended under the terms of the Act to a period considered reasonable depending on the nature and circumstances of your request. In such cases you will be notified and, where possible, a revised time-scale will be indicated. In all cases we shall attempt to deal with your request at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the information requested, where the request exceeds the statutory limit. In such cases you will be informed in writing and the 20 working day timescale will be suspended until we receive payment from you or your request is modified and /or reduced. If you chose not to make full payment or modify your request then the request will remain unanswered.

Your request may require either full or partial transfer to another public authority. You will be informed if your request is transferred.

Yours sincerely,

Freedom of Information Unit

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b_foi, West Midlands Police

10 Attachments

Dear Ms Wright

FREEDOM OF INFORMATION ACT 2000

Your request for information, received 11 June 2011 concerning describe
has now been considered.

Before I explain the decisions I have made in relation to your request, I
thought that it would be helpful to outline the parameters set out by the
Freedom of Information Act 2000 (the Act) within which a request for
information can be answered.

The Freedom of Information Act 2000 creates a statutory right of access to
information held by public authorities. A public authority in receipt of a
request must, if permitted, state under Section 1(a) of the Act, whether
it holds the requested information and, if held, then communicate that
information to the applicant under Section 1(b) of the Act.

The right of access to information is not without exception and is subject
to a number of exemptions which are designed to enable public authorities
to withhold information that is unsuitable for release. Importantly the
Act is designed to place information into the public domain, that is, once
access to information is granted to one person under the Act, it is then
considered public information and must be communicated to any individual
should a request be received.

DECISION

We can confirm that the information is held by West Midlands Police.
However, while the majority of the information is attached to this email I
am afraid that I am not required by statute to release all of the
information requested. Please find attached 11 documents. This letter
serves as a Refusal Notice under Section 17 of the Freedom of Information
Act 2000 (the Act) for a small amount of personal data within the
evaluation carried out in August 2009 and Inspector GuilfoyleÂ*s mobile
telephone number from the Force Directive on Proportionate Investigation
and Information on the role of the LPU Lead.

REASONS FOR DECISION

Section 17 of the Freedom of Information Act places two duties on public
authorities. Unless exemptions apply, the first duty at s1(1)(a) is to
confirm or deny whether the information specified in a request is held.
The second duty at s1(1)(b) is to disclose information that has been
confirmed as being held. Where exemptions are relied upon section 17 of
the Act 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 accordance with the Act, this letter represents a Refusal Notice for
the redacted parts of the attached documents. Personal information is
exempt by virtue of Section 40 (2) of the FOI Act and Inspector
GuilfoyleÂ*s mobile number is exempt by virtue of Section 31 (1) (a) (b)
(c).

These exemptions and explanatory notes are shown here:

http://www.west-midlands.police.uk/foi/p...

In line with the above, for section 31 I am required to complete a
Prejudice Test/Public Interest Test (PIT) on disclosure.

HARM

If mobile phone numbers for officers were placed in to the public domain,
there is a danger that there could be some delay to the appropriate police
response. People may call these particular officers for issues that may
best be dealt with elsewhere. Most calls are best dealt with centrally by
staff who are trained in recognising all issues and who know who is the
best person to deal with the call.

If direct-dial numbers were routinely used by the public it is likely to
adversely affect the efficiency and effectiveness of WMP. There is
evidence that the introduction of a central call answering system has
dramatically increased the percentage of calls answered and decreased the
time taken to answer those calls. This has improved the ability of the
public to contact the police and WMPÂ*s capacity to answer those calls
appropriately and quickly.

Misdirected and failing calls have fallen since the introduction of a
single contact point. Again this has improved the accessibility of the
police and enhanced the operational effectiveness and efficiency of WMP.

ISSUES FAVOURING DISCLOSURE

If this officerÂ*s mobile phone number was in the public domain it would
allow this officer to be contacted directly.

ISSUES FAVOURING NON DISCLOSURE

The ability of WMP to respond to calls could be compromised if direct dial
mobile phone numbers were released. If this officerÂ*s phone was
routinely used by the public it would not be an effective use of his time,
and it would not provide an efficient service to the public if this phone
were flooded with phone calls.

The proportion of calls answered rose from 90 per cent to 99.5 per cent
since the introduction of a single contact number. It is self-evident that
this means that the WMP is now not only more efficient, but is dealing
with the public more effectively.

Where the release of information may deter the public from providing
information in the future, then this will inhibit the serviceÂ*s ability
to carry out its public functions. An example of this would be someone
failing to get through to the police on the phone, leading to the
non-reporting of an incident and unwillingness to contact WMP in the
future.

CONCLUSION

The release of the information requested would be likely to affect the
effective operation of WMP if it were in the public domain. Where there is
a need for this number to be used by a member of the public it may be
provided to them on a personal basis. However placing this number into the
public domain would impact on the operational capability of the police.

Clear lines of communication between the public and the police are a key
element in effective policing. There is clear evidence that the
introduction of the new single number has improved WMPÂ*s ability to
receive and answer calls from the public effectively. If the direct dial
numbers were in the public domain it is likely that there would be an
increase in misdirected and unanswered calls.

On balance the need for the police to effectively carry out operations and
communicate effectively with the public must take precedence over the
desire of some people to use direct dial numbers. This means that in this
case at this time it would not be in the public interest to place this
number into the public domain.

SECTION 40(2)

Section 40 (2) is an absolute and class based exemption if to release the
information exists would breach the third partyÂ*s data protection
rights. In this case to release this personal information would not
constitute fair processing of the data and therefore would breach the
first of the principles within the Data Protection Act 1998. As this
exemption is class based I am not required to identify the harm in
disclosure and in this instance I believe that the right to privacy
outweighs any public interest in release of the small amount of redacted
material.

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

http://www.west-midlands.police.uk/pdf/F...

Please note that such an appeal must be received within six months of the
date of this correspondence.

If you require any further information, then please do not hesitate to
contact me.

Yours sincerely,

Carl Bird

Freedom of Information Unit

West Midlands Police in complying with their statutory duty under sections
1 and 11 of the Freedom of Information Act 2000 to release the enclosed
information will not breach the Copyright, Designs and Patents Act 1988.
However, the rights of the copyright owner of the enclosed information
will continue to be protected by law. Applications for the copyright
ownerÂ*s written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, West Midlands
Police Headquarters, Lloyd House, Colmore Circus Queensway, Birmingham, B4
6NQ.

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