"You can't make me"

The request was successful.

fFaudwAtch UK (Account suspended)

Dear Humberside Police,

1. I would like disclosing for the period commencing 2010 to date, the number of times the following expression has appeared in a witness statement of an officer serving with Humberside police.

"YOU CAN'T MAKE ME"

(with or without apostrophe)

2. Where occurrences have been found, I would also like disclosing the name of the officer who included the expression in the statement.

Yours faithfully,

fFaudwAtch UK

Information Compliance, Humberside Police

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Robertson, Ian 9281, Humberside Police

1 Attachment

NOT PROTECTIVELY MARKED - NO DESCRIPTOR

Your Ref:
Our Ref:F-2016-00096

11 February, 2016

Dear Sir or Madam,

Thank you for your request for information dated 17 January, 2016 concerning The number of times the following expression has appeared in a witness statement of an officer serving with Humberside Police "You can't make me".

This is to inform you that all information relating to your request has been considered and a relevant response has been attached.

Should any further information be requested regarding this topic, a separate request will need to be submitted.

If I can be of any further assistance on this matter please do not hesitate to contact me.

Yours Sincerely,

Ian Robertson
Information Compliance Officer
101
Humberside Police
Corporate Development Branch
Information Compliance Unit
Priory Road
Kingston Upon Hull
HU5 5SF
Fax:

NOT PROTECTIVELY MARKED - NO DESCRIPTOR
Internet Email should not be treated as a secure means of communication. To ensure regulatory compliance Humberside Police monitors all Internet Email activity and content. This communication is intended for the addressee(s) only. Unauthorised use or disclosure of the content may be unlawful. If you are not a named addressee, you must not disclose, copy, print, or in any other way use or rely on the data contained in this transmission. If received in error you should notify the sender immediately and delete this Email Humberside Police routinely checks e-mails for computer viruses. However addressees are advised to conduct their own virus checks of all e-mails, & any attachments). Opinions expressed in this document may not be official policy. Thank you for your co-operation. Humberside Police

fFaudwAtch UK (Account suspended)

Dear Robertson, Ian 9281,

I've been through this before; you have my details, see FOI Ref: 2015 1619.

Yours sincerely,

fFaudwAtch UK

Robertson, Ian 9281, Humberside Police

1 Attachment

NOT PROTECTIVELY MARKED - NO DESCRIPTOR

Your Ref:
Our Ref:F-2016-00096

12 February, 2016

Dear Mr Gilliatt,

Thank you for confirming your name and for your request for information dated 17 January, 2016 concerning The number of times the following expression has appeared in a witness statement of an officer serving with Humberside Police "You can't make me".

This is to inform you that all information relating to your request has been considered and a relevant response has been attached.

Should any further information be requested regarding this topic, a separate request will need to be submitted.

If I can be of any further assistance on this matter please do not hesitate to contact me.

Yours sincerely,

Ian Robertson
Information Compliance Officer
101
Humberside Police
Corporate Development Branch
Information Compliance Unit
Priory Road
Kingston Upon Hull
HU5 5SF
Fax:

NOT PROTECTIVELY MARKED - NO DESCRIPTOR
Internet Email should not be treated as a secure means of communication. To ensure regulatory compliance Humberside Police monitors all Internet Email activity and content. This communication is intended for the addressee(s) only. Unauthorised use or disclosure of the content may be unlawful. If you are not a named addressee, you must not disclose, copy, print, or in any other way use or rely on the data contained in this transmission. If received in error you should notify the sender immediately and delete this Email Humberside Police routinely checks e-mails for computer viruses. However addressees are advised to conduct their own virus checks of all e-mails, & any attachments). Opinions expressed in this document may not be official policy. Thank you for your co-operation. Humberside Police

fFaudwAtch UK (Account suspended)

Dear Robertson, Ian 9281,

I do not consider Humberside police has complied with the FOIA in so far as meeting its duties to provide advice and assistance under section 16 of the Act.

Section 16(1) – (2) states as follows:

"16. — (1) It shall be the duty of a public authority to provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to persons who propose to make, or have made, requests for information to it.

(2) Any public authority which, in relation to the provision of advice or assistance in any case, conforms with the code of practice under section 45 is to be taken to comply with the duty imposed by subsection (1) in relation to that case."

Paragraph 14 of the section 45 Code of Practice states that where a public authority is not obliged to comply with a request because it would exceed the appropriate limit to do so, then it:

"…should consider providing an indication of what, if any, information could be provided within the cost ceiling. The authority should also consider advising the applicant that by reforming or re-focussing their request, information may be able to be supplied for a lower, or no, fee."

Yours sincerely,

fFaudwAtch UK

fFaudwAtch UK (Account suspended)

Dear Robertson, Ian 9281,

Any feedback to my 12 February 2016 request for a review will be welcome.

Yours sincerely,

fFaudwAtch UK

fFaudwAtch UK (Account suspended)

Dear Robertson, Ian 9281,

If there is no response by 10 March 2016 I will assume Humberside police is happy for the matter to be referred to the Information Commissioner.

Yours sincerely,

fFaudwAtch UK

fFaudwAtch UK (Account suspended) left an annotation ()

Complaint sent to Information Commissioner's Office about Humberside Police failing to deal with my FoI request properly.

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

27/03/16

Dear Sir/Madam

RE: INDEPENDENT REVIEW OF FOI REQUEST TO HUMBERSIDE POLICE – Ref F-2016-00096

I made a freedom of information request to Humberside Police on 16 January 2016. Details can be found on the “what do they know” website at the following address:

https://www.whatdotheyknow.com/request/y...

You will see from the contents of the above that Humberside Police on 12 February 2016 refused the request on the grounds that complying with it would exceed the appropriate limit of 18 hours (S12 of the Freedom of Information Act).

No advice or assistance was offered which I believe should have been under Section 16(2) of the Act.

Where a public authority is not obliged to comply with a request because it would exceed the appropriate limit to do so, then it ‘should consider providing an indication of what, if any, information could be provided within the cost ceiling. The authority should also consider advising the applicant that by reforming or re-focussing their request, information may be able to be supplied for a lower, or no, fee’.

It was not considered that Humberside police had complied with the FOIA in so far as meeting its duties to provide advice and assistance under section 16 and so this was highlighted to the force on 12 February 2016. Additionally a request for feedback regarding the review was submitted on 12 February and on 8 March indicated that it would be assumed the force would be happy for the matter to be referred to the Information Commissioner if there was no response by 10 March 2016.

There has been no further correspondence from the police since its refusal on 12 February 2016.

Yours sincerely

fFaudwAtch UK (Account suspended) left an annotation ()

From: casework@ico
To: fFaudwAtch UK
Sent: Wednesday, May 11, 2016
Subject: Complaint to the ICO[Ref. FS50622653]

11th May 2016

Case Reference Number FS50622653

Dear fFaudwAtch UK

Your request to Humberside Police (HP) of 12 February 2016 for an internal review of its response to your request of 16 January 2016

Thank you for your correspondence clarifying that you decided to complain to us as HP had not responded to your request for an internal review by 8 March 2016.

The right to complain to the Information Commissioner is given under section 50 of the Freedom of Information Act 2000 (FOIA). However, a complaint may be deemed ineligible under section 50, if for example:

There is an undue delay before bringing a complaint to our attention, or;
You have not exhausted any complaints procedure which is provided by the public authority.
Therefore, before accepting complaints, the Commissioner expects complainants to allow public authorities the opportunity to respond to their appeal for a review of the handling of or decision regarding their FOI request.

There is no statutory time set out in the FOIA for which public authorities must complete a review. However, the Commissioner considers that a reasonable time is 20 working days from the date of the request for review and in no case should the total time taken exceed 40 working days.

I have written to HP and explained that it should issue you with an internal review decision within 20 working days from the date of receipt of our letter ie 8 June 2016.

This case has now been closed. However, if you do not receive a response within 20 working days please contact us quoting the reference number on this letter.

If you remain dissatisfied after HP’s internal review and would like us to look into the matter, please contact us quoting the reference number and providing a copy of the internal review decision.

If you have any queries please either write to me quoting the reference number above or ring me on: 01625 545 309.

Yours sincerely

Claire Walsh
Senior Case Officer
01625 545 309

Neil Gilliatt (Account suspended) left an annotation ()

From: Me
To: casework@ico.org.uk
Sent: Sunday, July 24, 2016
Subject: Re: Complaint to the ICO[Ref. FS50622653]

Dear Ms Walsh

I have not received any response regarding the internal review which I anticipated being provided by 8 June 2016. However, another related request was responded to (see link)

https://www.whatdotheyknow.com/request/y...

Humberside police provided the response as follows:

"It has been determined that your request does not meet s8(1)(c) of the Act. You are asking a question opposed to requesting held information (s68). Therefore at present your request is not valid and as such is closed.

In an attempt to offer assistance to your ‘question’, the ‘phrase’ mentioned above would not be held in an easily retrievable format."

The second paragraph above though not directly addressing this request might be worth noting.

Yours sincerely

Closing In left an annotation ()

Information Commissioner's Decision Notice dated 28 June 2017 (FS50622653)

https://www.scribd.com/document/35282151...

Closing In left an annotation ()

Information Rights Tribunal, Appellant’s notice (grounds of appeal) against Decision Notice:
https://www.scribd.com/document/35502582...

Supporting papers to Grounds of Appeal:
https://www.scribd.com/document/35502557... Exhibit 1
https://www.scribd.com/document/35502552... Exhibit 2
https://www.scribd.com/document/35502545... Exhibit 3
https://www.scribd.com/document/35502190... Exhibit 4
https://www.scribd.com/document/35502159... Exhibit 5

Closing In left an annotation ()

Commissioner’s Response to appeal:
https://www.scribd.com/document/35760440...

Section E. (Correction) @ paragraph 30. Draw your own conclusions (also para 40).

Closing In left an annotation ()

Information Rights Tribunal, Appellant’s Reply to Commissioner's Response to the Appellant’s grounds of appeal:
https://www.slideshare.net/JohnSmith711/...

Supporting papers to Appellant’s Reply:
https://www.slideshare.net/JohnSmith711/... Exhibit A-1
https://www.slideshare.net/JohnSmith711/... Exhibit A-2
https://www.slideshare.net/JohnSmith711/... Exhibit A-3
https://www.slideshare.net/JohnSmith711/... Exhibit A-4
https://www.slideshare.net/JohnSmith711/... Exhibit A-5
https://www.slideshare.net/JohnSmith711/... Exhibit A-6
https://www.slideshare.net/JohnSmith711/... Exhibit A-7

Closing In left an annotation ()

Tribunal's decision (15 November 2017):

https://www.scribd.com/document/36450391...

Closing In left an annotation ()

Application for permission to appeal to the Upper Tribunal, appealing First-tier Tribunal's Decision (Information Rights).

https://www.scribd.com/document/36702670...

Closing In left an annotation ()

Tribunal judge's decision on an application for permission to appeal to the Upper Tribunal:

12 February 2018
https://www.scribd.com/document/37159368...

Closing In left an annotation ()

Application to the Upper Tribunal for permission to appeal (the First-tier Tribunal refused permission).

23 February 2018
https://www.scribd.com/document/37224459...

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