39 ICO decision notices, 2 monitoring periods & a scrutiny review, is Wirral Council response to FOI requests better?

39 ICO decision notices, 2 monitoring periods & a scrutiny review, is Wirral Council response to FOI requests better?

39 ICO decision notices, 2 monitoring periods & a scrutiny review, is Wirral Council response to FOI requests better?

                                    

On Thursday I wrote about the Transformation and Resource’s Policy and Performance Committee’s Scrutiny Review on Freedom of Information.

Scrutiny reviews are not held in public. It could be argued that scrutiny review panels are subcommittees of their parent committee, therefore as a subcommittee they should meet in public. Although Wirral Council’s constitution states that citizens have the right to “participate in the Council’s question time and contribute to investigations by the Policy and Performance committees”, this scrutiny review was just officers and councillors meeting behind closed doors and there is no mention of anyone else being involved such as councillors actually talking to people who make Freedom of Information requests to Wirral Council.

Councillors seem to just be relying on information from Wirral Council employees (which then appears in their final report. The report mentions the monitoring action undertaken by the Information Commissioner’s Office between January and March of 2013 and July to September of the same year.

The way things are written in the report are a little misleading too, for example “The scrutiny review was conducted to ensure Wirral Council is moving in the right direction to manage Freedom of Information in compliance with the Information Commissioner’s Office.” Wirral Council have legal requirements to comply with the Freedom of Information legislation, whereas this sentence implies that Wirral Council just have to persuade the Information Commissioner’s Office that they’re improving and everything will be OK.

Recommendation one renames what used to be called the Freedom of Information departmental leads as “Freedom of Information Champions”. It also means that each champion will have a deputy and receive training and hopes this will be done by December 2014. Maybe the training is to try to speed up requests by the “Freedom of Information Champions” not having to ask Wirral Council’s legal department so much whether exemptions apply. However with so many exemptions and existing cases which determine the interpretation of how these exemptions should be applied (as well as guidance from the Information Commissioner’s Office as to how exemptions should be applied) I still think that “Freedom of Information Champions” will be asking Wirral Council’s legal department for advice in the future.

Recommendation two (Freedom of Information Champions access to the customer relationship management software) should also include their deputies too if it’s going to be effective. If a request is made to Streetscene by email then an automatic email is sent out allocating a case number. I really don’t understand why this couldn’t be the case with Freedom of Information requests made via email and why they have to be entered manually which leads into recommendation three. If this is already being done for Streetscene requests why does they need a “technical solution identified” and “proper business case developed”? I have no problem with Wirral Council using case management software for freedom of information requests as it would save staff time.

Recommendation four refers to Freedom of Information performance information supplied to the Chief Executive’s Strategy Group. Rather ironically Surjit Tour deems minutes of the Chief Executive’s Strategy Group to be exempt from Freedom of Information requests under s.36 (prejudice to the effective conduct of public affairs) yet the scrutiny review “identified specific improvements to the performance information presented to” “the Chief Executive’s Strategy Group”.

Recommendation five states that the percentage of Freedom of Information requests responded to within twenty days (broken down at department and directorate level too) should be included in the information going to the Chief Executive’s Strategy Group.

Recommendation six is interesting as it suggests “identifying emerging themes and trends” of all Freedom of Information requests received by Wirral Council and publishing this information as well as including it in the Council’s publication scheme. It refers to other bodies publishing Freedom of Information requests. Wirral Council could go further than this and publish (with the requester’s details removed) its responses to Freedom of Information requests. This forms part of recommendation seven (but only for commonly asked requests). Problems with the search function on Wirral Council’s website leading to Freedom of Information requests for information that is already published is referred to. Recommendation eight recommends that the search function should be improved.

This particular paragraph in the report (page eleven) states what was known already, that Wirral Council involves its press department over some Freedom of Information requests.

“The Panel was interested in how departments dealt with disclosing information that could be deemed sensitive or damaging. Officers explained that if any exemptions to information being disclosed were to be applied, as defined by the Freedom of Information Act, these could be made by departments. Advice from either the Information and Central Services Manager or the Head of Legal and Democratic Services is available if required. The Council has a legal duty to disclose information and reputational damage does not enter into the equation. There is a quality assurance process by Legal and Member Services and, where appropriate, Press and Public Relations.”

However the following areas of Freedom of Information requests are either only referred to briefly or not at all. The only reference to internal reviews is “The hours and respective costs for Legal Services also includes: The additional time and resources expended by solicitors dealing with internal reviews”. No mention is made over the fact that there have been freedom of information requests made to Wirral Council where the requester has submitted an internal review request and even years later has not received a response! Although the Information Commissioner’s Office suggests (if memory serves me correctly) a maximum time of forty days for internal reviews, there is no specific time limit for internal reviews specified in the legislation and in the past Wirral Council has taken full advantage of it by effectively ignoring internal review requests for requests it doesn’t wish to be answered or appealed to the Information Commissioner’s Office.

Once Wirral Council has completed an internal review, the requester can appeal to the Information Commissioner’s Office. The past four years have seen the Information Commissioner’s Office issue thirty nine decision notices about Freedom of Information requests made to Wirral Council. Most appeals are upheld. Here’s a brief summary of each decision notice.

Decision notice FS50141012 3/3/08 Wirral Council claimed a s.43 (commercial interests) exemption, then a s.22 (information intended for future publication) exemption. The Information Commissioner’s Office disagreed with both (complaint upheld).

Decision notice FS50234468 18/5/10 Wirral Council claimed a s.14 (vexatious) exemption. The Information Commissioner considered that Wirral Council should’ve considered the request under the Environmental Information Regulations and therefore breached Regulation 14(3) by not providing an adequate refusal notice.

Decision notice FER0262449 22/11/10 The Information Commissioner’s Office found Wirral Council had failed to comply with regulation 5(1), 5(2) and 6(1).

Decision notice FS50398901 21/11/11 Wirral Council claimed a s.12 (Exemption where cost of compliance exceeds appropriate limit) exemption. The information was later supplied to the requester after the Information Commissioner’s Office was involved. The Information Commissioner’s Office said that Wirral Council breached s. 10 by not supplying the information within twenty working days.

Decision notice FS50414910 15/11/11 Wirral Council failed to provide a response to a request within the required twenty working days. The Information Commissioner’s Office required Wirral Council to respond to the request.

Decision notice FS50414911 15/11/11 Once again Wirral Council failed to provide a response to a request within the required twenty working days. The Information Commissioner’s Office required Wirral Council to respond to the request.

Decision notice FS50414915 15/11/11 Wirral Council didn’t provide a response to a request within the required twenty working days. The Information Commissioner’s Office required Wirral Council to respond to the request.

Decision notice FS50414916 15/11/11 A response to a request was not provided by Wirral Council within the required twenty working days. The Information Commissioner’s Office required Wirral Council to respond to the request.

Decision notice FS50406724 15/2/12 Wirral Council claimed a s. 40 (personal information) exemption. The Information Commissioner’s Office disagreed that a s.40 exemption applied and required Wirral Council to provide the information to the requester.

Decision notice FER0422498 8/5/12 Wirral Council claimed they didn’t have to release the information because of exemptions under Regulations 12(4)(d) and 12(5)(b). The Information Commissioner’s Office agreed that this applied to some of the information, but decided that the public interest in disclosure outweighed the exemptions claimed under Regulations 12(4)(d) and 12(4)(e) and therefore required Wirral Council to release some of the information. Information Tribunal appeal EA/2012/0117 was allowed.

Decision notice FS50416628 13/8/12 The Information Commissioner’s Office ruled that Wirral Council had breached s.1(1)(a) of the Freedom of Information Act. It required Wirral Council to disclose the information and reminded Wirral Council of Greenwood v ICO (EA/2011/0131 & 0137).

Decision notice FS50428877 30/8/12 Wirral Council relied on a s.36(2)(b)(i) and s.36(2)(b)(ii) (prejudice to the effective conduct of public affairs) exemption. Once the Information Commissioner’s Office was involved Wirral Council also claimed an exemption under s.40 (personal information). The Information Commissioner’s Office agreed that some information would fall under a s.40 exemption, however disagreed that either a s.36 or s.40 exemption applied to the rest of the information. The Information Commissioner’s Office found that Wirral Council had breached 1(1)(a) and 10(1) of the Freedom of Information Act and required Wirral Council to supply the information it didn’t agree was covered by the s.40 exemption.

Decision notice FS50435531 16/8/12 The requester made various requests to Wirral Council to which it failed to respond to within twenty working days. The Information Commissioner’s Office required Wirral Council to respond to the requests.

Decision notice FS50440547 16/8/12 Various requests were made that were not answered by Wirral Council. The Information Commissioner’s Office ruled that this breached s.10(1) and required Wirral Council to answer the requests.

Decision notice FS50440548 16/8/12 The Information Commissioner’s Office required Wirral Council to answer the requests made by the requester as they had not done so within the twenty working days.

Decision notice FS50440553 16/8/12 Wirral Council failed to respond to various requests within the twenty day time limit. The Information Commissioner’s Office saw this as a breach of s.10(1) and required Wirral Council to respond to the requests.

Decision notice FS50440555 14/8/12 Wirral Council stated it didn’t hold the information requested. During the course of the investigation Wirral Council provided the requester with the names of staff requested. However as this information was recalled from memory it fell outside the scope of the Freedom of Information Act. Therefore the Information Commissioner’s Office agreed with Wirral Council’s view that it did not hold the information requested.

Decision notice FS50445302 10/10/12 Wirral Council did not provide a response to the Freedom of Information Act request or a refusal notice. The Information Commissioner’s Office required it to either respond to the request or provide a refusal notice to the requester.

Decision notice FS50430602 22/11/12 Wirral Council stated that it did not hold the information requested. The Information Commissioner’s decision was that on the balance of probabilities it did not.

Decision notice FS50438500 29/11/12 Wirral Council refused a request claiming a s.40 (personal data) exemption applied. It later disclosed information on the severance payments to two individuals. The Information Commissioner agreed with Wirral Council that a s.40 exemption applied, however ruled that Wirral Council had breached 10(1) of the Freedom of Information Act by taking longer than twenty days to respond and a further breach of 10(1) by taking longer than twenty days to disclose the information on severance payments. Information Tribunal appeal number EA/2012/0264 was dismissed.

Decision notice FS50468400 30/4/13 Wirral Council relied on a s.40 (personal data) exemption. Once the Information Commissioner’s Office was involved, Wirral Council stated that the information was publicly available. The Information Commissioner’s Office ruled that Wirral Council had breached s.1(1)(a), s.1(1)(b) and s.10(1) of the Freedom of Information Act and upheld the complaint.

Decision notice FS50468862 23/5/13 The Information Commissioner’s Office ruled that Wirral Council had breached s.10(1) of the Freedom of Information Act and required Wirral Council to respond to the request.

Decision notice FS50470254 4/6/13 The Information Commissioner’s Office disagreed with Wirral Council’s interpretation that a s.40 (personal data) exemption applied to information which contained names of its employees. It found that Wirral Council was in breach of s.10 of the Freedom of Information Act. The Information Commissioner’s Office required Wirral Council to release the information requested by the requester that it didn’t agree that the s.40 exemption applied to.

Decision notice FER0488228 5/8/13 The requester requested an independent viability assessment report in relation to a planning application for a site on Ingleborough Road, Birkenhead. Wirral Council released some information from the report but relied on an exemption in Regulation 12(5)(e) in the Environmental Information Regulations over the rest of the information. The Information Commissioner’s Office agreed with Wirral Council’s application of the exemption in Regulation 12(5)(e), but ruled that Wirral Council had breached regulations 5(2) and 11(4).

Decision notice FS50475685 15/8/13 Wirral Council refused a request relying on an exemption under s.40 (personal data). The Information Commissioner’s Office agreed with Wirral Council’s use of the exemption but ruled that Wirral Council had breached s. 10(1) by not providing a response within twenty days.

Decision notice FS50485049 8/8/13 The Commissioner’s decision was that, on the balance of probabilities, Wirral Borough Council did not hold the requested information so the complaint was not upheld.

Decision notice FS50482286 9/9/13 Wirral Council refused a request relying on exemptions in s.32 (court records, etc) and s.40 (personal information). Once the Information Commissioner’s Office was involved Wirral Council decided not to rely on s.32 (court records, etc) and released the document with the names redacted. The Information Commissioner ruled that Wirral Council had breached s.10(1) by not providing a response within twenty days.

Decision notice FS50512385 26/9/13 The Information Commissioner found that Wirral Council had breached s. 10(1) by not providing a response and required Wirral Council to provide a response.

Decision notice FS50474741 3/10/13 Wirral Council refused a request relying on exemptions in s.41 (information provided in confidence) and s.42 (legal professional privilege). During the Commissioner’s investigation Wirral Council dropped its reliance on s.42 (legal professional privilege). The Commissioner’s decided that Wirral was not entitled to rely on section 41 in relation to some of the information, as it was not provided by another party and had not provided sufficient justification for the application of section 41 to the remainder of the information. It required Wirral Council to disclose the requested information.

Decision notice FS50478733 30/10/13 In response to a request Wirral Council linked to some information in the public domain but claimed a s.40 (personal information) exemption applied to the rest. During the course of the Commissioner’s investigation it released a further three documents to the complainant. The Information Commissioner ruled that Wirral Council had breached s.10(1) as its response to the complainant had taken longer than twenty days.

Decision notice FS50491264 8/10/13 Wirral Council relied on s.14 (vexatious or repeated requests) to refuse a request. The Information Commissioner disagreed that a s.14 exemption applied to the requested information and that Wirral Council had breached s.10(1) of the Freedom of Information Act. The Information Commissioner’s Office required Wirral Council to issue a fresh response without relying on a s.14 (vexatious or repeated request) exemption.

Decision notice FS50496446 17/10/13 The Information Commissioner’s Office ruled that Wirral Council had breached s.10(1) by not providing a response within twenty working days.

Decision notice FS50501894 18/12/13 Wirral Council refused a request using a s.40 exemption (personal information). The Information Commissioner decided that s.40 wasn’t engaged and therefore couldn’t be used to withhold the information. It ruled that Wirral Council issued a refusal notice outside of the twenty days breaching s.17(1). It required Wirral Council to provide the information.

Decision notice FS50489913 13/1/14 Wirral Council stated that it did not hold information in response to a request. The Commissioner’s decision was that the Council is likely to hold relevant information so had therefore breached sections 1 and 10 of the Freedom of Information Act. Wirral Council was required to issue a fresh response to the complainant.

Decision notice FS50496910 15/1/14 Wirral Council refused a request relying on an exemption in s.40 (personal information). During the Commissioner’s investigation, Wirral Council provided some of the information requested. The Commissioner agreed that Wirral Council had correctly applied the s.40 exemption to the rest of the information but that Wirral Council had breached s.10(1) by not providing the information it did provide within twenty days of the original request.

Case FS50506771 11/2/14 Wirral Council refused a request stating that a s.40 (personal information) exemption applied. The Information Commissioner’s Office agreed but ruled that Wirral Council had issued a refusal notice outside the twenty day period breaching s. 10(1).

Case FS50506844 11/2/14 Wirral Council stated that information requested was not held. The Information Commissioner’s Office agreed but ruled that Wirral Council had provided a response outside the twenty day period breaching s. 10(1).

Decision notice FS50502536 19/3/14 Wirral Council claimed that in response to a request that exemptions under s.40 (personal information) and s. 42 (legal professional privilege) applied. The Information Commissioner’s Office agreed that Wirral Council had correctly applied the s.40 exemption, however as its response was outside the twenty day limit ruled it had breached s.10(1).

Decision notice FS50506802 26/3/14 Wirral Council had not provided a response to a request within twenty working days. The Information Commissioner’s Office found that Wirral Council had breached s. 10(1) of the Freedom of Information Act.

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Wirral Council show how “open and transparent” they really are

Wirral Council show how “open and transparent” they really are

Wirral Council show how “open and transparent” they really are

                         

I received this letter today from Wirral Council’s Chief Executive Graham Burgess (links to scans of each page and the envelope it came in with a handwritten “PRIVATE” on it are below).

(Wirral Council logo)

Graham Burgess
Chief Executive

Town Hall
Brighton Street
Wallasey
Wirral
Merseyside CH44 8ED
Tel: 0151-691 8589
Fax: 0151-691 8583
Email: grahamburgess@wirral.gov.uk

date 21 March 2014

to Mr J Brace
Jenmaleo
134 Boundary Road
Bidston
Wirral
CH43 7PH

my ref GB0075.DOC/DC/35.7
your ref

Dear Mr Brace,

I refer to your request for an Internal Review.

I have reviewed your request and also considered the information in question, namely the minutes of the Standards Working Group relating to this meeting held on 17 December 2013.

I am the Chief Executive and the Reviewing Officer when an FOI request is refused and the Council has relied on Section 36. As such I have taken each of the points you have raised and addressed them below:-

1) The minutes of the Standards Working Group have been provided to an FOI request previously, without claiming a FOI exemption (see Paul Cardin’s request here

https://www.whatdotheyknow.com/request/minutes_of_standards_working_gro#outgoing-257823

Response – Each request is reviewed and answered in accordance with the Freedom of Information and any other associated legislation. If a document is already available in the public domain, then the Council will signpost the requestor to it. The report requested above by Mr. Cardin was already in the public domain.

2) Agenda items 3 (Disclosing Information Reports Under the New Standards Regime) and agenda item 4 (Review of the New Standards Regime) of the meeting referred to in 1) both included “deliberating on matters relating to the Council’s Ethical Framework and considering changes to the framework” yet was also published on Wirral Council’s website at http://democracy.wirral.gov.uk/documents/s50010511/Minutes%2004022013%20Standards%20Working%20Group.pdf (see Standards Committee meeting agenda of 18th March 2013 http://democracy.wirral.gov.uk/ieListDocuments.aspx?CId-127&MId=4203#AI21234.

Response – The information contained within the documentation which has been refused to you is not identical in nature to the information which was published at the hyperlinks you have highlighted above.

Once the Standards Working Group has completed its work, consideration will be given to the disclosure of the Minutes. The Working Group is currently undertaking important work and disclosure of the Minutes at this time would likely to have a “chilling effect” which “would inhibit the free and frank provision of advice”.

3) Surjit Tour is also the Monitoring Officer and therefore in this capacity would be advising the Standards Working Group meeting of the 17th December 2013. He states that the minutes cannot be supplied because they “would inhibit the free and frank provision of advice”. As he is the one advising the Standards Working Group this represents a conflict of interest. There are two qualified persons at Wirral Council able to give an opinion on a Section 36 exemption, Surjit Tour and the Chief Executive, Graham Burgess. Due to the conflict of interest outlined, it should have been the Chief Executive giving his opinion on the Section 36 exemption not Surjit Tour.

Response – I do not agree that Mr Tour had a conflict of interest when responding to your enquiry. As the Monitoring Officer it was appropriate and correct that he should be the person to answer and decide to rely on Section 36. It is then my role, as the Chief Executive, to act as Internal Reviewer in this particular case.

4) It is stated “there would likely to be a “chilling effect” which would inhibit the free and frank provision of advice or exchange of views between members of the Group, and disclosure would undermine the ability of the members of the Group and those advising the Group to express themselves openly.” As outlined in the minutes referred to in point 2, Members of the Standards Working Group are not referred to by name in the minutes, and therefore it is not possible from the minutes to ascertain the views of individuals in the Group. The only person referred to in the minutes of the previous meeting (by job description) is Surjit Tour. Due to the conflict of interest in giving a reasonable opinion that a Section 36 exemption applies in relation to his own advice, if a Section 36 exemption is claimed by Wirral Council in relation to this FOI request, it should have come from the other qualified person (the Chief Executive).

Response – As mentioned in my response to point 3, I do not agree with your view that Mr. Tour had a conflict of interest in giving a reasonable opinion.

5) It is stated in the response that “Reports from the Standards Working Group would be considered by the Council’s Standards and Constitutional Oversight Committee, which is subject to the access to information requirements.” The next Standards and Constitutional Oversight Committee following the Standards Working Group on the 17th December 2013 was the 6th January 2014. However a report from the Standards Working Group of the 17th December 2013 was not on the agenda of that meeting. The next Standards and Constitutional Oversight Committee after that was the 6th February 2014, however that meeting has been cancelled and postponed to the 24th February 2014. It is therefore wrong to imply that a report of the Standards Working Group meeting forms part of the agenda of the next Standards and Constitutional Oversight Committee meeting.

Response – Your comments have been noted.

6) Only qualified persons (the two at Wirral Council are Surjit Tour and Graham Burgess) can give an opinion on a Section 36 exemption. The opinion given finished with “Sent on behalf of Surjit Tour”; therefore it is unclear whether it is his opinion or the opinion of the person who is sending the communication on his behalf. If it is the latter then the person giving the opinion is not one of the two qualified persons to do so rendering it invalid.

Response – The reply contains the opinion of Mr. Tour; however the reply was sent from the email address of Jane Corrin and copied to the Council’s central FOI email address for monitoring purposes. As you have rightly stated it is only the Monitoring Officer or the Chief Executive of the Council who can make a decision with regards to the application of Section 36.

After giving due consideration to the request you made, the original response from Mr. Tour and also the points you raise in your request for an Internal Review; I have concluded the following:-

I concur with Mr Tour that the information you requested is exempt information by virtue of Section 36 of The Freedom of Information Act 2000. This is my considered and reasonable view as Section 36 can be relied on if disclosure would/would be likely to;-

(b) Inhibit the free and frank provision of advice or exchange of views; or

(c) Otherwise prejudice the effective conduct of public affairs

As you are aware, Section 36 requires the qualified person to give their reasonable opinion that disclosure would or would be likely to cause the types of prejudice or inhibition listed above. This was clearly stated in the original response you received. Guidance was also considered from the Information Commissioner’s Office, “prejudice to the effective conduct of public affairs (section 36), Version 2, 22 March 2013.

As was pointed out in the original response, the Standards Working Group is not a formal committee or sub-committee of the Council, it has advisory status only. I agree with the view taken by the Monitoring Officer that releasing the minutes of the Standards Working Group meeting of 17th December 2013, would indeed inhibit the free and frank provision of advice or the exchange of views.

The Group were considering and debating the Council’s Ethical Framework and given views as to whether any changes should be put in place with regard the framework. Members of such groups must be, I believe, given a ‘safe space’ for deliberation of these important issues.

My reasonable opinion is that the minutes should not be disclosed and I need to be satisfied, as Chief Executive, that there exists the opportunity for free and frank provision of advice/exchange of views within the Group to ensure sound decision making. I am of the opinion that to disclose the minutes would undermine the ability of members involved to engage in a free and frank discussion on important issues such as the Council’s Ethical Framework. I have considered the public interest test factors, given in the original answer in favour of disclosure and in favour of none disclosure. Having considered this test afresh, it is my considered and reasonable opinion that the reasons/argument previously articulated are valid and robust. I am satisfied that the public interest test in maintaining the exemption outweighs the public interest for disclosure.

If you remain dissatisfied with this response, then you have the right to complain to the Information Commissioner, whose address is

Information Commissioner’s Office.
Wycliffe House,
Walter Lane,
Wilmslow,
Cheshire SK9 5AF
www.ico.org.uk

Yours sincerely

(signature)

Graham Burgess
Chief Executive

Envelope
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Metropolitan Police refuse to answer questions over Wirral care home fraud investigation

Metropolitan Police refuse to answer questions over Wirral care home fraud investigation

Metropolitan Police refuse to answer questions over Wirral care home fraud investigation

                     

Exactly a month ago I made my first Freedom of Information Act request to the Metropolitan Police about the care home fraud of £45,683.86 involving Wirral Council.

Below are the five (perfectly reasonable) questions I asked.

Dear Metropolitan Police Service (MPS),

A report to Wirral Council’s Audit and Risk Management Committee states that a fraud of £45,683.86 and £95.60 against Wirral Council was referred to the Metropolitan Police and that it is being “actively pursued”.

In relation to this investigation could you please answer the following questions.

1) Have the Metropolitan Police concluded their inquiries into the issues raised by Action Fraud/Wirral Council into the alleged fraud?

2) Has anyone been charged with a criminal offence in relation to matter? If so, how many people have been charged?

3) Who is conducting (or if it has concluded conducted) the investigation and what are their contact details? What rank is the investigating officer assigned to the case?

4) If the investigation is currently ongoing when is it likely to reach a conclusion?

5) As the fraud involved a victim in Merseyside, why is the Metropolitan Police and not the local police force (Merseyside Police) investigating the matter?

Yours faithfully,

John Brace

In response (after a reply on the 25th November basically saying they have received my request) yesterday I got this reply (which includes my questions). Certainly it’s one of those cases that’s probably worthy of requesting an internal review of. As to their suggestion that I’d get a different response to my questions if I got in touch with their press office instead, if it’s anything like Merseyside Police’s press office I’m pretty sure I’d just get a “no comment” response from them if I tried anyway! Metropolitan Police’s response to my Freedom of Information Act request is below. I’ve added some line spacing between paragraphs to make it more readable but otherwise it’s verbatim except for correcting a small typographical error where there was a missing space between two words.

Dear Mr Brace

Freedom of Information Request Reference No: 2013110002125

I respond in connection with your request for information which was received by the Metropolitan Police Service (MPS) on 20/11/2013. I note you seek access to the following information:

* A report to Wirral Council’s Audit and Risk Management Committee states that a fraud of £45,683.86 and £95.60 against Wirral Council was referred to the Metropolitan Police and that it is being “actively pursued”.

In relation to this investigation could you please answer the following questions.

1) Have the Metropolitan Police concluded their inquiries into the issues raised by Action Fraud/Wirral Council into the alleged fraud?

2) Has anyone been charged with a criminal offence in relation to matter? If so, how many people have been charged?

3) Who is conducting (or if it has concluded conducted) the investigation and what are their contact details? What rank is the investigating officer assigned to the case?

4) If the investigation is currently ongoing when is it likely to reach a conclusion?

5) As the fraud involved a victim in Merseyside, why is the Metropolitan Police and not the local police force (Merseyside Police) investigating the matter?

EXTENT OF SEARCHES TO LOCATE INFORMATION
To locate the information relevant to your request searches were conducted within Specialist Crime and Operations.

RESULT OF SEARCHES
The searches located information relevant to your request.

DECISION
Before I explain the reasons for the decisions I have made in relation to your request, I thought that it would be helpful if I outline the parameters set out by the Freedom of Information Act 2000 (the Act) within which a request for information can be answered.

The Act creates a statutory right of access to information held by public authorities. A public authority in receipt of a request must if permitted, confirm if the requested information is held by that public authority and if so, then communicate that information to the applicant.

The right of access to information is not without exception and is subject to a number of exemptions which are designed to enable public authorities to withhold information that is not suitable for release. Importantly, the Act is designed to place information into the public domain, that is, once
access to information is granted to one person under the Act, it is then considered public information and must be communicated to any individual should a request be received.

Having considered the relevant information, I am afraid that I am not required by statute to release the information requested.

This email serves as a Refusal Notice under Section 17 of the Act.

REASONS FOR DECISION
The information requested relates to an ongoing investigation and is exempt by the virtue of Section 30(1)(a) of the Act.

Please see the legal annex for the sections of the Act that are referred to in this email.

Section 30 Investigations
Under Sections 30(1)(a) of the Act, Public Authorities are able to withhold information relating to investigations where its release would or would be likely to, have an adverse effect upon other investigations or the prosecution of offenders.

This exemption can be applied following completion of a Public Interest Test (PIT).

The purpose of the PIT is to establish whether the ‘Public Interest’ lies in disclosing or withholding the requested information.

To release this information would disclose MPS practices used in this and similar investigations thereby exposing operational procedures and investigative protocols.

Information relating to an investigation will rarely be disclosed under the Act and only where there is a strong public interest consideration favouring disclosure.

Section 30 being a qualified exemption there is a statutory requirement to carry out a PIT when considering any disclosure and this is detailed below.

Public Interest Test – Investigations.
The public interest is not what interests the public but what will be of greater good if released to the community as a whole. It is not in the public interest to disclose information that may compromise the MPS’s ability to complete any future criminal investigations.

Evidence of Harm – Investigations
In considering whether or not this information should be disclosed we have considered the potential harm that could be caused by disclosure.

Under the Act we cannot and do not request the motives of any applicant for information. We have no doubt the vast majority of applications under the Act are legitimate and do not have any ulterior motives, however in disclosing information to one applicant we are expressing a willingness to
provide it to anyone in the world.

This means that a disclosure to a genuinely interested applicant automatically opens it up for a similar disclosure to anyone, including those who might represent a threat to individuals or any possible criminal and/or civil process.

The MPS does not generally disclose information from investigations except through our Directorate of Media & Communication to the media. This is so potential witnesses are not discouraged to come forward and provide statements in relation to investigations.

The manner in which investigations are conducted is usually kept in strict secrecy so that the tactics and lines of enquiry that are followed do not become public knowledge thereby rendering them useless.

Section 30 Investigations Public Interest considerations favouring disclosure.
The investigation into allegations of fraud at Wirral Council is a high profile matter.
There has already been a significant amount of information placed into the public domain through media articles.
The public therefore have a genuine interest in being informed as to the nature and circumstances of these incidents and who may have been involved.

Sect 30 Investigations Public interest considerations favouring non-disclosure
During the course of any ongoing investigation enquires are made to secure evidence. These enquires are made for the duration of the case and are based upon proven methods as well as the judgement and experience of the officer(s) in charge of the investigation.

The MPS is reliant upon these techniques to conduct its investigations and the public release of the modus operandi employed during the course of this enquiry could prejudice the ability of the MPS to conduct further, similar investigations.

It cannot be clear at present what effect disclosures through FOI of investigation material may have upon this case but care must be taken to not compromise any strand of the investigation.

Balance test
Disclosure under the Act is a disclosure to the world not just to the individual making the request.

On balance the disclosure of information relating to an ongoing police investigation cannot be justified.

The public’s interest would not be served in releasing information if its release could compromise this or any current/future policing investigation.

COMPLAINT RIGHTS
If you are dissatisfied with this response please read the attached paper entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please E-Mail me or contact me on 0207 230 6267 or at the address at the top of this letter, quoting the reference number above.

Yours sincerely

Yvette Taylor
Information Manager

In complying with their statutory duty under sections 1 and 11 of the Freedom of Information Act 2000 to release the enclosed information, the Metropolitan Police Service 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 MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London, SW1H 0BG.

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 the Metropolitan Police Service (MPS) to review their decision.

Prior to lodging a formal complaint you are welcome to discuss the response with the case officer who dealt with your request.

Complaint

If you are dissatisfied with the handling procedures or the decision of the MPS made under the Freedom of Information Act 2000 (the Act) regarding access to information you can lodge a complaint with the MPS to have the decision reviewed.

Complaints should be made in writing, within forty (40) working days from the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS 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 www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

LEGAL ANNEX
Section 17(1) of the Act provides:

(1) A public authority which, in relation to any request for information, is to any extent relying on a claim that any provision in part II relating to the duty to confirm or deny is relevant to the request or on a claim that information is exempt information must, within the time for complying with section 1(1), give the applicant a notice which-

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption applies.

30(1) Investigations and proceedings conducted by public authorities.

(1) Information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of-

(a) any investigation which the public authority has a duty to conduct with a view to it being ascertained-

(i) whether a person should be charged with an offence, or
(ii) whether a person charged with an offence is guilty of it

In complying with their statutory duty under sections 1 and 11 of the Freedom of Information Act 2000 to release the enclosed information, the Metropolitan Police Service 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 MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London, SW1H 0BG.

Total Policing is the Met’s commitment to be on the streets and in your communities to catch offenders, prevent crime and support victims. We are here for London, working with you to make our capital safer.

Consider our environment – please do not print this email unless absolutely necessary.

NOTICE – This email and any attachments may be confidential, subject to copyright and/or legal privilege and are intended solely for the use of the intended recipient. If you have received this email in error, please notify the sender and delete it from your system. To avoid incurring legal liabilities, you must not distribute or copy the information in this email without the permission of the sender. MPS communication systems are monitored to the extent permitted by law. Consequently, any email and/or attachments may be read by monitoring staff. Only specified personnel are authorised to conclude any binding agreement on behalf of the MPS by email. The MPS accepts no responsibility for unauthorised agreements reached with other employees or agents. The security of this email and any attachments cannot be guaranteed. Email messages are routinely scanned but malicious software infection and corruption of content can still occur during transmission over the Internet. Any views or opinions expressed in this communication are solely those of the author and do not necessarily represent those of the Metropolitan Police Service (MPS).

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