Audit & Compliance Officer
Information Governance Unit
Wayne Bowett
/ Our ref: GSA/4762/12
When calling or telephoning
please ask for Chris Miller
Wednesday, 12 December 2012
Re: Review of Freedom of Information Request ref GSA/4762/12
Dear MrBowett,
I write in response to your email dated 15th November 2012within which you requested Greater Manchester Police (GMP) review its handling of and response to your request for information under the Freedom of Information Act 2000 (FOIA) dated17th October 2012.
Your Request and GMP’s Response
Within your email of 17th October 2012you made the following request:
“A Mandatory Death or Serious Injury referral is self explanatory; however, for clarification.... a Mandatory Death or Serious Injury referral must be made by a Police force to the IPCC no later than the end of the day after the day when it becomes clear that a matter must be referred.
Please provide a list of the Mandatory Death or Serious Injury referrals made (along with the times they were made) by GMPs Swinton Division of Chorley Road M27 6AZ, to the IPCC on the following dates;8th, 9th and 10th December 2007.
For clarification, I only require the number of DSIs and the times these DSI referrals were made, on the dates I have provided.”
On14th November 2012 you were sent a response letter which confirmed that the information you had requested was held by GMPbut was exempt from disclosure by virtue of ‘Section 40(2) - Personal Information’ of the FOIA.
Findings of the Review
I have now conducted a review of GMP’s processing of and response to your request within which I have assessed the nature of the information you sought, reviewed the grounds on which you have appealed and have taken into consideration the provisions of the FOIA.
Processing
Your request was received by GMP on 17th October 2012 which required the force to provide you with a response by no later than 14th November 2012 in accordance with the statutory 20 working days response timeframe as prescribed by Section 10 the FOIA. On14th November 2012 you were provided with a response letter which represented a refusal notice in accordance with Section 17 of the FOIA stating that the information was exempt from disclosure, which exemption applied and the reason why the exemption applied.
The review has found that noprocedural inadequacies occurred during the processing of your request and the response letter you were given contained all the necessary information an authority ought to include when issuing a refusal notice under Section 17 of the FOIA.
Response
The response letter of 14th November 2012 represented a refusal notice in accordance with Section 17 of the FOIA and advised that GMP held the requested information but this information was exempt from disclosure by virtue of ‘Section 40(2) - Personal Information’ of the FOIA.
I have now made further enquirieswhich have determined that the information you were seeking (i.e. “a list of the Mandatory Death or Serious Injury referrals made (along with the times they were made) by GMPs Swinton Division of Chorley Road M27 6AZ, to the IPCC on the following dates;8th, 9th and 10th December 2007”) is in fact not held by Greater Manchester Police.
Decision of the review
The decision of the review is to provide you with confirmation that the response you were previously provided was inaccurate asGreater Manchester Police does not hold the requested information. Please accept my apologies for the inaccurate response you were previously given and any inconvenience this may have caused you.
I trust you are satisfied with the outcome of your appeal and that this letter has helped to clarify matters, however, if you have any queries or concerns or require any further assistance please do not hesitate to contact me using the details provided below. Your attention is also drawn to the attached sheet that details your right of complaint.
Yours faithfully
Chris Miller
Audit and Compliance Officer
Information Governance Unit
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 Greater Manchester Police to review their decision. Prior to lodging a formal complaint you are welcome and encouraged to discuss the decision with the case officer 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 case officer that is nominated 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 Greater Manchester Police made under the Freedom of Information Act 2000 regarding access to information, you can lodge a complaint with Greater Manchester Police to have the decision reviewed.
Complaints should be made in writing and addressed to:
Corporate Information Manager
Greater Manchester Police
Police Headquarters
Chester House
Boyer Street
Manchester
M16 0RE
The Information Commissioner
After lodging a complaint with Greater Manchester Police if you are still dissatisfied with the decision you can make an 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 an application to the Information Commissioner please visit their website at Alternatively, phone or write to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700
Information Governance Unit, Information Management Branch
Chester House, Boyer Street, Manchester, M16 0RE.
Tel: 0161 856 2520, Fax: 0161 856 2535, Minicom: 0161 872 6633.