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Truly staggering - Hertfordshire Constabulary (Read 31,164 times)
idb
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Truly staggering - Hertfordshire Constabulary
Oct 12th, 2005 at 5:08pm
 
I really thought this was a joke, however it seems not.

<<
Thank you for your request for information concerning obtaining information regarding the Constabulary's use of 0845 pre-fix telephone numbers. This request was logged as received by Hertfordshire Constabulary's Information Compliance Office on 12th October 2005 to be processed under the terms of the Freedom of Information Act 2000 (FOIA). This letter is to inform you that Hertfordshire Constabulary is not required to respond to your request as it has been considered a “Vexatious or Repeated Request” within the terms of Section 14 of the Freedom of Information Act 2000. The reason for this decision is explained below. Section 14 of the Freedom of Information Act states: "Where a public authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and making of the current request." Hertfordshire Constabulary have been made aware of a campaign website regarding the use of 0870 pre-fix telephone numbers. Previous FOI requests of a similar nature have been submitted to and answered by Hertfordshire Constabulary which have been posted on this website. Therefore, it is concluded that Hertfordshire Constabulary are not obliged to comply with your request as it is substantially similar to previous requests received by Hertfordshire Constabulary and published on this website. The Information Commissioner has also provided guidance in respect of repeated/campaign/vexatious requests. The internet link below will take you to this guidance. http://www.informationcommissioner.gov.uk/cms/DocumentUploads/AG%2022%20Vexatiou...

You have the right to appeal against this decision. If you do wish to appeal, please set out in writing your ground of appeal and send it for the attention of : The Information Manager Information Compliance Office Police Headquarters Hertfordshire Constabulary Stanborough Road Welwyn Garden City Hertfordshire AL8 6XF Your appeal will then be considered under our review procedure (copy enclosed). If we do not hear from you within one month from the date of this letter we will assume you do not wish to appeal and close your request accordingly. I would like to take this opportunity to thank you for your interest in Hertfordshire Constabulary.

Yours sincerely Susannah Johnson Deputy Freedom of Information Officer.
>>
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mc661
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Re: Truly staggering - Hertfordshire Constabulary
Reply #1 - Oct 12th, 2005 at 5:53pm
 
This is her way of trying to get back at us. Its only gonna make my case against herts stronger in proving that herts are making a mockery of the act.

She Told me to take down the FOI's I had posted on this site, so half of what shes saying is conflicting.

Send in an appeal, im sure you can find a good enough reason to make them change their minds. Dont forget to cc it to the IC and Charles Clarke (London: 020 7219 1194 Norwich: 01603 661144 clarkec@parliament.uk, just so that clarke can see that  Susannah Johnson and her incompetent department are as usual doing sweet FA and making a mockery of the act).

They really have Pi**ed me off. If her ladyship (Susannah Johnson)  hadnt have hung up on me, I would have prob just accepted the cockups.

btw Still waiting for the letter do to with the internal review, although APPARENTLY they sent one to me 29sept05 according to the email recived today.
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Re: Truly staggering - Hertfordshire Constabulary
Reply #2 - Oct 12th, 2005 at 6:01pm
 
Agree with your sentiments mc661. I'm actually pleased that they have issued a refusal notice - first one I have received. Herts also seems not to recognize 'free speech' and that it is a right, at least from where I write this in the United States. I place all FOI responses in the public domain and I will continue to do so.

Incidentally, I tried calling Ms Johnson at around 12:15 EDT but apparently she was 'not at her desk' and 'may have gone home'. The individual I spoke with seemed to recognize my name. She should be 'at her desk' tomorrow, and therefore she'll be getting another call from me. If you're reading this in the meantime Suzy, Hi there.

My appeal is ready to go, I'm just seeing who I can copy into this for maximum effect. Any other suggestions, please let me know.

Have these so-called public servants learnt nothing from the events of July 7? They are not fit for public office in my opinion.
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« Last Edit: Oct 12th, 2005 at 11:49pm by idb »  

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Re: Truly staggering - Hertfordshire Constabulary
Reply #3 - Oct 12th, 2005 at 6:31pm
 
Vexatious or repeated requests.     14. - (1) Section 1(1) does not oblige a public authority to comply with a request for information if the request is vexatious.

     (2) Where a public authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.
-----

The thing here is the request has to be identical or substantially similar the emphsis on substantially. Im sure you could re-word your FOI so that its not substantially similar but only slightly similar.
Slightly does not count as grounds for refusal under S.14.

As for your complaint, Id send an email to her ladyship telling her that using S.14 is in effect "denying you free speech".
Point out The Human Rights Act 1998, Article's 9 and 10 spring to mind. (http://www.opsi.gov.uk/acts/acts1998/19980042.htm)
Plus you could also play the race/religion/etc card and say that they are denying you the information you requested because you live abroad (it says FL in your bio)
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Re: Truly staggering - Hertfordshire Constabulary
Reply #4 - Oct 12th, 2005 at 6:43pm
 
I'm not sure what she means regarding my request being "similar or identical" - firstly, I generally use a template for all my FOI requests, modifying them as and when necessary, but the general questions are usually the same. Secondly, I have not seen any other person's request to the Hertfordshire Conts in relation to this. Thirdly, if Herts published the information on its web site, then there would be no need to make such FOI requests in the first place. If this really is a repeated request, then the info should be made available.

I have already used the discrimination and free speech arguments in my review request together with a reference to July 7 and the widespread condemnation of the Metropolitan police using similar numbers. As I live near Miami, I cannot even call these people on their published number. This, to me, is discrimination based upon my geographic location despite the fact that I am a British citizen.

It is amazing how evasive these UK public bodies become just to protect a telephone number.
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« Last Edit: Oct 12th, 2005 at 11:50pm by idb »  

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Re: Truly staggering - Hertfordshire Constabulary
Reply #5 - Oct 12th, 2005 at 7:06pm
 
CC the whole situation to the following:


Frank Whiteley ( Chief Constable)
James Hurley (Director of Resources)
Charles Clarke (Sec of State, clarkec@parliament.uk)

Ian Laidlaw-Dickson (Chairman Police Authority)
ian.laidlaw-dickson@hertscc.gov.uk

Professional Standards Department

Any any media contacts you may have.
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Re: Truly staggering - Hertfordshire Constabulary
Reply #6 - Oct 12th, 2005 at 10:49pm
 
My review request has now been submitted with copies to various parties including my MP, the IC, the HPA Chairman, the Home Secretary plus Geoff Brighton and Matt Peacock at Ofcom and Stephen Rimmer at the Home Office. I will make any responses available in this forum as is my constitutional right under the First Amendment to the United States Constitution which guarantees free speech (I think).
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Re: Truly staggering - Hertfordshire Constabulary
Reply #7 - Oct 13th, 2005 at 3:11pm
 
I have, this morning, received an acknowledgement from Herts regarding my internal review request. The matter has been passed to the Information Manager by Ms Johnson, which I suspect is standard procedure.

If this agency was truly concerned about repeated requests, it would publish the information for all to see on its web site, just as the BBC and DVLA have done.
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Re: Truly staggering - Hertfordshire Constabulary
Reply #8 - Oct 13th, 2005 at 3:19pm
 
The Information Manager has also contacted me this morning. The next Herts FOI review panel will take place on December 12, and I should be notified of an outcome within seven days of that review.
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Re: Truly staggering - Hertfordshire Constabulary
Reply #9 - Oct 13th, 2005 at 4:29pm
 
How interesting that Tanya Drake (who is the real information manager, higher up then the FOI officers) has decided to grace you both with her presence.

Would it be anything to do with this site and there wrong use of S.14?  I wonder.
I still havent recived my hard copy of the Internal Review Response.
IC complaint is just being proof-read by my friend who works at 2-3 Grays inn, London
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Re: Truly staggering - Hertfordshire Constabulary
Reply #10 - Oct 14th, 2005 at 6:15pm
 
An update - I've received an email from Mr Laidlaw-Dickson this morning stating that he will investigate the points that I made in requesting the review request, ie my grounds for appeal. An encouraging development I believe.
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Re: Truly staggering - Hertfordshire Constabulary
Reply #11 - Oct 19th, 2005 at 5:51pm
 
Received this morning from HC:

<<
I write in connection with your recent request under the Freedom of Information Act 2000 and further to our response sent October 12th 2005. This letter is to inform you that the majority of the information you have requested is now in the public domain and is available via the following web address.

http://www.herts.police.uk/FOI/Significant_Information/example_request_0845.pdf

I would like to take this opportunity to thank you for your interest in Hertfordshire Constabulary.
>>

The reply at the url referenced seems to be similar to a reply to mc661.

I do not know whether HC believes that this will terminate my particular request or whether my review request will now be considered further.
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Re: Truly staggering - Hertfordshire Constabulary
Reply #12 - Oct 19th, 2005 at 6:20pm
 
thats not my FOI in full, but some of the questions and answers are word for word.

nice to see it takes 5 clicks to reach it.

I think this has been placed on there because that suzy illegaly slapped a section 14 on a member of this fourms FOI.
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Re: Truly staggering - Hertfordshire Constabulary
Reply #13 - Oct 31st, 2005 at 5:23pm
 
(Apologies for the lack of contributions, comments or responses to private messages - this was due to hurricane Wilma which hit us badly here in south Florida. I'm now back on-line and will attempt to clear any backlog in the next day or so).

An update to my FOI with Herts:

Received Oct 24, from Complaints Analyst & Hearings Officer, Professional Standards Department, Hertfordshire Constabulary:

<<
I am in receipt of your e-mail dated 11th October 2005, where you request that the Police Authority investigate why your request has been ignored.

I do not propose to record your complaint as a complaint against the police as your complaint does not appear to be about an individual member of staff’s behaviour and you have lodged a complaint with the Information Commissioner with regard to non-compliance with the Act in July of this year.

If you are dissatisfied with my decision you are entitled to appeal to the Independent Police Complaints Commission. I enclose details of how you may do this.

Yours sincerely
Detective Superintendent
Professional Standards Unit
>>


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« Last Edit: Oct 31st, 2005 at 5:27pm by idb »  

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Re: Truly staggering - Hertfordshire Constabulary
Reply #14 - Oct 31st, 2005 at 5:26pm
 
Received October 29 from: Independent Police Complaints Commission, 90 High Holborn, London WC1V 6BH

<<
RE: YOUR COMPLAINT OF 11 October 2005

Thank you for contacting the Independent Police Complaints Commission (IPCC). Following your email of 12 October 2005, I can confirm that the details of your complaint against officers of the Hertfordshire Constabulary have been noted by the IPCC.  The case reference number is xx/xxxxxx; please quote this whenever contacting us.

The IPCC is completely independent of the police service and is responsible for ensuring that the police complaints system in England and Wales works effectively and fairly.  However, I should explain that each police force is responsible for considering complaints made against that force and for recording your complaint.  If you are unhappy with the police’s decision on recording your complaint you have a right of appeal to the IPCC.

We now need your agreement, either by letter or telephone, for details of your complaint to be passed to the Professional Standards Department of the Hertfordshire Constabulary, which is responsible for enforcing standards of conduct within the force.  Without your consent we are unable to pass on the details of a complaint to a force unless, exceptionally, the details of the complaint indicate that it is in the public interest for it to be brought to their attention.

I have attached a consent form for your convenience.

Direct Complaints Centre
Independent Police Complaints Commission (IPCC)
Tel: 08453 002 002

Please read the attached letter carefully. If you wish to provide your consent please sign and print your name below:


I ____________________________ (print name) hereby give my consent for my complaint to be forwarded to the appropriate authority for consideration.

Signed: ________________________
Date: __________________________



If you wish to provide your consent please return this document to:


The Direct Complaint Centre
The Independent Police Complaints Commission
90 High Holborn
London
WC1V 6BH
>>
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« Last Edit: Oct 31st, 2005 at 5:28pm by idb »  

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