West Mercia Unmarked Complete vehicle fleet list

The request was successful.

Dear West Mercia Police,

Could you provide me with a complete Fleet List for all of your
*UN*marked police vehicles;

Please could you also state for each vehicle;
- Vehicle Make & Model
- Role (IE: SNT, Beat, Patrol, CCTV, ETC.)
- Station it's based at
- Registration Plate
- Internal Fleet Number / Designation
- Whether a *VIDEO* camera system is fitted (if so, what type, CCTV,
ProVida ETC) (So this would be like ANPR / CCTV / And so on...)

Should any of this information fall for refusal, I would expect a written confirmation of that. I am well aware that in any event, even if SOME information may fall for refusal, the remaining information must be supplied. (I really dont see how any of this information can be refused though, because under S.7 of the DPA 1998, we the public have a right to access our information, and if your police cars are recording video footage of us, we have a right to access said information...)

Yours faithfully,

Wayne Pearsall

Information Compliance West Mercia,

 
Dear Mr Pearsall
 
FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI6543/1
 
I write in connection with your request for information dated 18th August 
2015 which was received on 18th August  2015.
 
Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party.  In some circumstances West Mercia Police may be unable to achieve
this deadline.  If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.
 
There may be a fee payable for the retrieval, collation and provision of
the information you request.  If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you chose not to make payment then your request will remain
unanswered.
 
Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.
 
Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.
 
Yours sincerely
 
 
Miss L  MacKinnon
Information Compliance Assistant
Information Compliance Unit
Warwickshire Police & West Mercia Police
 
 

View our new Warwickshire Police and West Mercia Police websites at:
[1]www.warwickshire.police.uk and [2]www.westmercia.police.uk

References

Visible links
1. http://www.warwickshire.police.uk/
http://www.warwickshire.police.uk/
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http://www.westmercia.police.uk/

Dear West Mercia Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of West Mercia Police's handling of my FOI request 'West Mercia Unmarked Complete vehicle fleet list'. RFI6543/1

Your response is overdue. You have failed to adhere to S.10(1) and respond providing a confirmation of whether you hold the material, and to disclose it. Your response should of arrived by 16/9/15.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/w...

Yours faithfully,

Wayne Pearsall

Information Compliance West Mercia,

 
Dear Mr Pearsall
FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 6543
Please be advised that the FOI Act obliges us to respond to requests
promptly and in case no later than 20 working days after receiving a
request. We must consider firstly whether we can comply with s1(1)(a) of
the Act, which is our duty to confirm whether or not the information
requested is held and secondly we must comply with s1(1)(b), which is the
provision of such information. However, when a qualified exemption applies
either to the confirmation or denial or the information provision and the
public interest test is engaged, the Act allows the time for response to
be longer than 20 working days, if the balance of such public interest is
undeterrmined.
In this case I can confirm that the information is held, but we have not
yet reached a decision on where the balance of the public interest lies
with regards the provision of the information.
I am unable to provide a specific timescale for response but every effort
will be made to ensure an appropriate response will be made as soon as
possible.
The specific exemption that applies to your request is Section 31 Law
Enforcement.
Your attention is drawn to the below which details your right of
complaint.
Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.
Yours Sincerely
T Lynskey
Information Compliance Unit Manager
Information Compliance Unit
Warwickshire Police & West Mercia Police
PO Box 55
Hindlip
Worcester
WR3 8SP
01905 331545 / 331565
01905 331545 / 331565
West Mercia 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
owner’s written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
You have the right to require West Mercia Police (WMP) to review their
decision.
Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the person that dealt with your request.
Ask to have the decision looked at again -
The quickest and easiest way to have the decision looked at again is to
telephone the person named at the end of your decision letter.
That person will be able to discuss the decision, explain any issues and
assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of
WMP made under the Freedom of Information Act 2000 (the Act) regarding
access to information, you can lodge a complaint with WMP to have the
decision reviewed. WMP must be notified of your intention to complain
within 2 months of the date of its response to your Freedom of Information
request. Complaints should be made in writing and addressed to:
West Mercia Police Headquarters
Information Compliance Unit
Hindlip Hall
Hindlip
PO Box 55
Worcester
WR3 8SP
In all possible circumstances, WMP will aim to respond to your complaint
within 2 months.
The Information Commissioner
After lodging a complaint with WMP if you are still dissatisfied with the
decision you may make application to the Information Commissioner for a
decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner
please visit their website at [1]www.informationcommissioner.gov.uk
Alternatively, phone or write to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545700
__________________________
 
From: Wayne Pearsall [[FOI #286861 email]]
Sent: 17 September 2015 08:45
To: Information Compliance West Mercia
Subject: Internal review of Freedom of Information request - West Mercia
Unmarked Complete vehicle fleet list
 
Dear West Mercia Police,
 
Please pass this on to the person who conducts Freedom of Information
reviews.
 
I am writing to request an internal review of West Mercia Police's
handling of my FOI request 'West Mercia Unmarked Complete vehicle fleet
list'. RFI6543/1
 
Your response is overdue.  You have failed to adhere to S.10(1) and
respond providing a confirmation of whether you hold the material, and to
disclose it.  Your response should of arrived by 16/9/15.
 
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[2]https://www.whatdotheyknow.com/request/w...
 
Yours faithfully,
 
Wayne Pearsall
 
 
 
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #286861 email]
 
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://www.whatdotheyknow.com/help/offi...
 
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
 

show quoted sections

Dear Information Compliance West Mercia,

FAO: T Lynskey

FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 6543

FYI: I draw attention to the fact that you are required to state which subsection of S.31 you are relying on.

You were obliged to provide a refusal notice within 20 working days (PIT extention serves as refusal notice).

You failed to adhere to these requirements.

Yours sincerely,

Wayne Pearsall

Information Compliance West Mercia,

1 Attachment

 
Dear Mr Pearsall
FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 6543
I write in connection with your request for information which was received
on 18^th August 2015. Please find below the response to your request:
Could you provide me with a complete Fleet List for all of your *UN*marked
police vehicles;
Please could you also state for each vehicle;
- Vehicle Make & Model
- Role (IE: SNT, Beat, Patrol, CCTV, ETC.)
- Station it's based at
- Registration Plate
- Internal Fleet Number / Designation
- Whether a *VIDEO* camera system is fitted (if so, what type, CCTV,
ProVida ETC)  (So this would be like ANPR / CCTV / And so on...)
 
REPLY: Please be advised that your request has been considered and I am
not obliged to supply all the information you have requested.
 
Section 17 of the Freedom of Information Act 2000 requires West Mercia
Police, when refusing to provide such information (because the information
is exempt) to provide you the applicant with a notice which:   (a) states
that fact, (b) specifies the exemption in question and (c) states (if that
would not otherwise be apparent) why the exemption applies.
 
Some of the information you have requested is exempt from disclosure under
the Freedom of Information Act 2000.  The exemption applicable in this
case is as follows:
 
Section 31 (1) (a) (b) Law Enforcement
               
Section 31 is a prejudice based qualified exemption, and in order to be
able to claim this exemption the public interest in maintaining the
exemption must outweigh the public interest in releasing it.
 
 
Section 31 - Harm
Some of the unmarked vehicles in our fleet would be those used for
covert/undercover duties and undercover/covert operative activity is one
of the most highly sensitive areas of policing that is utilised in this
country. Provision of vehicle type used for undercover/covert work would
allow criminals to identify and avoid these vehicles and therefore render
their usage as useless. Any disclosure that may reduce the flow of
information that police service and intelligence agencies use would have a
substantial prejudicial impact on the ability of such authorities to
collect reliable and accurate intelligence, and subsequently their ability
to detect and prevent crime.
Disclosure of any information in relation to undercover/covert operations
or vehicles used for operations would provide details that would be useful
to those involved in criminal activities.  For example, it would highlight
whether West Mercia Police had been investing in this discipline.  If it
was disclosed that WMP had no or few vehicles used for covert work it
would highlight ‘to the world’ that this type of activity is not taking
place. In turn, organised criminals and terrorists could take advantage of
that situation. Conversely, if WMP disclosed that it had a large number of
vehicles used for covert work it would demonstrate to the world that this
area is well resourced and indicate the levels of police activity in this
area.
 
Factors favouring confirmation that information is held
Provision of information held would enable the public to have a better
understanding of the efficiency and effectiveness of the police service
and how they use unmarked/covert vehicles as part of their enforcement
activities.
 
Factors favouring confirmation that information is not held
Specific information relating to the use of unmarked/covert vehicles and
any other law enforcement techniques would provide useful intelligence and
a valuable asset to individuals and/or organisations wishing to commit
crime.  Vulnerabilities and capabilities would be highlighted.  Provision
of vehicle type would enable offenders to avoid these vehicles and move
their operations therefore law enforcement tactics would be compromised
which would hinder the prevention and detection of crime. More crime would
be committed and individuals would be placed at risk.
 
Balancing test
There is some information already in the public domain about the use of
undercover/covert vehicles and the effective delivery of law enforcement. 
The Police Service is tasked with protecting the community we serve and in
solving crime and there is a public interest argument in ensuring we are
open and transparent with regard to policing investigations and
operations. However, there is no doubt that for the issues outlined above
any disclosure relating to sensitive investigation procedures, such as
details of unmarked/covert vehicle information would jeopardise
investigations and/or law enforcement. 
Therefore, at this moment in time, it is our opinion that for these issues
the balance test for provision of this information is not made out.
 
However, There is no harm in providing information regarding unmarked
vehicles which are in general use by West Mercia Police such as Local CID,
Patrol, post vans etc and this information is shown in the attached table.
Please note that this information is dynamic and changes as new vehicles
are introduced and old vehicles are decommissioned.
 
Every effort has been made to ensure that the information provided is as
accurate as possible
Your attention is drawn to the below which details your right of
complaint.
Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.
Yours sincerely
Mrs R Williams
Information Compliance Unit
Warwickshire Police & West Mercia Police
PO Box 55
Hindlip
Worcester
WR3 8SP
01905 331545 / 331565
West Mercia 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
owner’s written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
You have the right to require West Mercia Police (WMP) to review their
decision.
Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the person that dealt with your request.
Ask to have the decision looked at again -
The quickest and easiest way to have the decision looked at again is to
telephone the person named at the end of your decision letter.
That person will be able to discuss the decision, explain any issues and
assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of
WMP made under the Freedom of Information Act 2000 (the Act) regarding
access to information, you can lodge a complaint with WMP to have the
decision reviewed. WMP must be notified of your intention to complain
within 2 months of the date of its response to your Freedom of Information
request. Complaints should be made in writing and addressed to:
West Mercia Police Headquarters
Information Compliance Unit
Hindlip Hall
Hindlip
PO Box 55
Worcester
WR3 8SP
In all possible circumstances, WMP will aim to respond to your complaint
within 2 months.
The Information Commissioner
After lodging a complaint with WMP if you are still dissatisfied with the
decision you may make application to the Information Commissioner for a
decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner
please visit their website at [1]www.informationcommissioner.gov.uk
Alternatively, phone or write to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545700
 
 
 
 

View our new Warwickshire Police and West Mercia Police websites at:
[2]www.warwickshire.police.uk and [3]www.westmercia.police.uk

References

Visible links
1. file:///tmp/www.informationcommissioner.gov.uk
2. http://www.warwickshire.police.uk/
http://www.warwickshire.police.uk/
3. http://www.westmercia.police.uk/
http://www.westmercia.police.uk/

Information Compliance West Mercia,

Dear Mr Pearsall
 
FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI6543/15
 
I am writing in response to your application for a review received in this
office on the 17th September 2015. 
 
My collegue wrote to you on the 18th September 2015 advising you that
information was held however, no decision had been made on where the
balance of the public interest lay with regards to the provision of the
information.  You were advised that the specific exemption that applied to
your request was Section 31 Law Enforcement.
 
Having reviewed your request and the initial response that was provided
on the 18th September I do not intend to uphold your appeal. 
 
Your attention is drawn to the attached sheet which details your right of
complaint.
 
Yours sincerely
 
 
T Lynskey
Information Compliance Manager
Information Compliance Unit
West Mercia Police
P O Box 55
Hindlip
Worcester
WR3 8SP
 
The Information Commissioner
If you are still dissatisfied with the decision you may make application
to the Information Commissioner for a decision on whether the request for
information has been dealt with in accordance with the requirements of the
Act.
For information on how to make application to the Information Commissioner
please visit their website at [1]www.informationcommissioner.gov.uk
Alternatively, phone or write to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545700
 
 
 
 
 

View our new Warwickshire Police and West Mercia Police websites at:
[2]www.warwickshire.police.uk and [3]www.westmercia.police.uk

References

Visible links
1. file:///tmp/www.informationcommissioner.gov.uk
2. http://www.warwickshire.police.uk/
http://www.warwickshire.police.uk/
3. http://www.westmercia.police.uk/
http://www.westmercia.police.uk/

Dear Information Compliance West Mercia,

RFI 6543

Your colleague wrote on 18/9 to say law enforcement. S.17 of the FOIA requires any exemption to be communicated within 20 working days (as per S.10). This did not happen. Therefore your colleague (the force) failed to adhere to the FOIA.

S.31 refusals also require you to state the specific exemption (including sub section). This did not happen within the refusal notice.

Therefore as per completing your internal complaints procedure, I will forward my complaint to the ICO and ask them to make their DN out that you clearly failed to adhere to the time limit imposed by the FOIA.

Furthermore, Can you explain why the registration number for one of the "Officer" cars has been redacted? - as no mention of this redaction has been made.

Yours sincerely,

Wayne Pearsall

Information Compliance West Mercia,

Dear Mr Pearsall

I write further to your email below. I have been advised by our Transport Department that the vehicle you refer to does not currently have a registration number allocated to it, hence the reason why this part of the table is blank.

Yours sincerely

T Lynskey
Information Compliance Manager
Information Compliance Unit
West Mercia Police
P O Box 55
Hindlip
Worcester
WR3 8SP

show quoted sections

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