REVIEW OF FREEDOM OF INFORMATION REQUEST
Mike Roulston
Reference Number 01-058
Freedom of Information (Scotland) Act 2002
1 / INTRODUCTION1.1 / I refer to the above request for information which was received by Central Scotland Police on 28th January 2013, in relation to the vetting of senior officers since 1st October 2008 and Force vetting policies between then and the date the request was submitted.
The request was worded as follows:
A new Chief Constable was appointed to Central Scotland Police on 01/10/2008 and at the time he was assisted by a Deputy Chief Constable and two Chief Superintendents who performed the role of temporary Assistant Chief Constable according to the 2008/9 annual report.
There have been several temporary appointments in all these posts since 1st June 2010.
For each incumbent in each post whether holding the substantive or temporary rank could you please confirm the following:-
(1) The date he/she was appointed to the relevant substantive or temporary post
(2) The date he/she was vetted to MV level
(3) The date he/she was vetted to DV level
Could I please have a copy of the force vetting policy in place on 1st October 2008 as far as officers of ACPOS rank is concerned
Could I please have a copy of all revisions of that policy up to the date of this request?
I can confirm that I am a member of Central Scotland Police and have had no previous knowledge of, or involvement with, the circumstances surrounding this request.
I am satisfied that the questions above constituted a valid request in terms of the Act
2 / DELIBERATION
2.1 / I am aware that the response from the Force was forwarded to Mr. Roulston on 25 February 2013 andwas worded as follows:
(1) This information has already been provided in the response to question 4 of FOI 01-031 ( Accounts).
(2)
Temporary CC MV 26/03/2010 vetted by Grampian and file transferred to Central Scotland Police
Temporary DCC MV 09/11/2010
Temporary ACC vetted by SCDEA and file transferred to Central Scotland Police MV not noted on file.
Temporary Chief Supt. MV 11/01/2013 (renewal) DV not required
Temporary Chief Supt. MV 31/05/2012 (renewal) DV not required
(3) The date of DV level has not been disclosed as Under Section 31 (1) (National Security and Defence) exemption is applicable to thisinformation, the non disclosure of which is necessary to safeguard national security.
(4) Please find attached a copy of the Force Vetting Policy which was in place at 1st October 2008.
Please find attached a copy of revision document.
Central Scotland Police use the National Vetting Policy -
.police.uk/documents/workforce/2010/201008WDNVP01.pdf Standing Operating Procedure 6 relates to the vetting level (DV - Developed Vetting) for Senior Officers.
2.2 / On 26th February 2013 Mr Roulston replied stating his dissatisfaction with the Force response and asking for it to be reviewed. In particular, Mr Roulston claimed that the response did “not provide the requested information for all the officers in post during the relevant period”, asked for “the date on which the SCDEA transfer received MV/DV vetting”, and contested the application of Section 31 of the Freedom of Information (Scotland) Act to the withholding of information in respect of his third question.
2.3 / I have now had the opportunity to review the Force response, and find that Central Scotland Police failed to comply with Section1(1) of the Freedom of Information (Scotland) Act 2002 in respect of its responses to Questions 1, 2 and 3. Mr Roulston asked for the dates when chief officers were appointed to temporary or substantive posts between 1st October 2008 and January 2013, the dates when they were vetted to MV level, and the dates when they were vetted to DV level. Possibly owing to a misunderstanding of what was requested, the full information was not provided in response to questions 1 and 2. The applicant was supplied with information relating to the current occupants of the posts in question, but not their predecessors from 1st October 2008 onwards. With regard to question 3, no information was provided and an exemption claimed under Section 31(1) of the Freedom of Information (Scotland) Act. After due consideration, it was decided that this exemption could not be sustained, and thereforethe information should be supplied in conformity with the requirements of Section 1(1) of the Act.
2.4 / The full information relating to Question 1 is as follows – As at 1st October 2008: CC Kevin Smith, date appointed 01/10/2008; DCC Iain Macleod, date appointed 31/03/2008; Chief Superintendents Gordon Mackenzie and Derek Penman, dates appointed 01/08/2006 and 01/02/2007 respectively; T/ACC Derek Penman date appointed 27/12/2007 until 31/10/2008; T/ACC Gordon Mackenzie date appointed (to replace Derek Penman) 01/11/2008 until 05/04/2009. ACC John Mauger, date appointed 06/04/2009; Chief Superintendent Gordon Samson, date appointed31/08/2009;DCC Derek Penman, date appointed 05/01/2011; T/ACC Gordon Samson, date appointed 01/07/2010; Chief Superintendent Allan Moffat and T/Chief Superintendent David Flynn, dates appointed 29/05/2008 and 01/07/2010 respectively; Acting CC Derek Penman, date appointed 11/11/2011; T/DCC Gordon Samson date appointed 11/11/2011 ; T/ACC Allan Moffat, date appointed 11/11/2011; T/Chief Superintendent Alan Douglas, date appointed 19/12/2011.
2.5 / The full information relating to Question 2 is as follows - CC Smith, MV information not held on file; DCC Macleod, MV information not held on file; Chief Superintendent, subsequently DCC, and Acting CC Penman, MV 26/03/2010; Chief Superintendent Gordon Mackenzie, MV information not held on file; ACC Mauger, MV 25/08/2009; Chief Superintendent, subsequently T/ACC and T/DCC Samson, MV 09/11/2010; Chief Superintendent, subsequently T/ACC Moffat, MV information not held on file; Chief Superintendent Flynn, MV 11/01/2013 (renewal); T/Chief Superintendent Douglas MV 31/05/2012 (renewal)
2.6 / The full information relating to Question 3 is as follows – CC Smith DV 16/03/2009; DCC Macleod DV 04/08/2009; Chief Superintendent subsequently DCC, and Acting CC Penman DV 05/08/2010; Chief Superintendent, subsequently T/ACC and T/DCC Samson DV 07/04/2011; Chief Superintendent, subsequently T/ACC Moffat DV 23/01/2009, Chief Superintendents Mackenzie, Flynn, and Douglas DV not required. Please note that the Scottish Government Departmental Security Unit undertakes DV clearance on behalf of Scottish Police Forces, and there can be a significant time lag of several months between the forms being submitted and Clearance being granted.
3 / CONCLUSION
3.1 / Central Scotland Police failed to comply with Section 1(1) of the Freedom of Information (Scotland) Act 2002 in respect of its original response to questions 1, 2 and 3. The responses to questions 1 and 2, possibly owing to a misunderstanding of what had been asked, did not provide all the information requested. The Review has now supplied all the relevant information held. The decision to withhold the information requested in question 3 and claim an exemption in terms of Section 31(1) has been overturned, and the information provided to the applicant.
Dr John Brims
Records Manager
Reviewing Officer
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