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Freedom of Information Section

Information Compliance Unit

Professional Standards and Legal Services Department

Durham Constabulary HQ

Aykley Heads

Durham

DH1 5TT

Tel. No: (0191) 3752487

Fax No: (0191) 3752760

Web Site: www.durham.police.uk

E-mail:

Our Ref: LD/ICU/DC/FOI/664 & 665/11

Date: 15 December 2011

This matter is being dealt with by Lynne Davidson, Senior Information Officer, Telephone No 0191 3752487

Dear Mr Shilling

FREEDOM OF INFORMATION REQUESTS REFERENCE NOS: 664/11 & 665/11

I write in connection with your requests for information dated 20 November 2011 which were received by Durham Constabulary on 21 November 2011. Please note that these requests have been aggregated for the purpose of calculating cost under Section 12 of the Freedom of Information Act 2000. I note you seek access to the following information:

REQUEST 664/11

1. In the last 5 years how many Sergeants, Inspectors, Chief

Inspectors, Superintendent, Chief Superintendents and ACPO officers

as well as HR equivalents have been cited in ET's, or civil

proceedings for example PI Claims (mental injury) and Harassment

claims.

2. .Have any of the above named featured more than once.

3. Who monitors patterns for

a) Misconduct

b) Equality (legal duty

REQUEST 665/11

1. How much money has been spent defending ET claims in the last 5

years please provide breakdown of each year.

I am required by the Freedom of Information Act 2000 to handle all requests in a manner that is blind as to the identity and motives of the requestor. Any information released as a response to a request is regarded as being published and therefore in the public domain without caveat.

Please note that Durham Constabulary’s response to your request is unique and should not be used as a comparison with any other Force response you receive.

Following receipt of your request, searches were conducted with the Executive Command and with the Support Services Command of Durham Constabulary. I can confirm that the information you have requested is held by Durham Constabulary.

Decision:

Your request has now been considered and I am not obliged to provide the information that you have requested.

Please note that whilst Durham Constabulary holds information in relation to employment tribunals and civil claims, there is currently no facility to easily access all the information that you require. This is because there is no central system that collates this information with regard to civil proceedings. To retrieve accurate data would require a member of staff to individually check each civil court file for the last 5 years to determine whether officers were required to give evidence, i.e. a manual viewing and extraction of the information and at a conservative estimate, this would take at least 30 minutes per individual file held. The cost of providing you with the information is above the amount to which we are legally required to respond. This is because the cost of identification, and retrieval of the information EXCEEDS the “appropriate limit” as stated in the Association of Chief Police Officers (ACPO) Freedom of Information (Fees and Appropriate Limit) Regulations 2004 and Fees for Disclosure under Section 13 of the Freedom of Information Act 2000. The appropriate limit is £450 or 18 hours work at £25.00 per hour. I would also refer you to the Freedom of Information Regulations issued by the Department for Constitutional Affairs. Accordingly therefore, I will be unable to provide any information in relation to your request under Section 12 of the Freedom of Information Act 2000.

In accordance with Section 17(5) of the Freedom of Information Act 2000, this letter represents a Refusal Notice for this particular request.

Although excess cost removes Durham Constabulary’s obligations under the Freedom of Information Act 2000, as a gesture of goodwill, I have supplied information below, relative to your request, retrieved or available before it was realised that the fees limit would be exceeded. I trust this is helpful, but it does not affect our legal right to rely on the fees regulations for the remainder of your request.

·  I am advised by the Legal Services Department that they consider that to be “cited” refers to censure of an individual by the Employment Tribunal. I have however been informed that 9 employees of Durham Constabulary have been required to give evidence at Employment Tribunal Hearings in the last 5 years.

·  I can also advise that the Professional Standards & Legal Services Department of the Executive Command monitors patterns for Misconduct and that the Personnel Section of the Support Services Command monitors Equality.

·  The following has been spent on defending Employment Tribunal claims:

2006/07 = £ 5,170

2007/08 = £ 3,210

2008/09 = £12,445

2009/10 = £ 8,555

2010/11 = £15,690

I do hope that the information provided is sufficient for your purposes and is of assistance to you.

Your attention is drawn to the attached sheet which details your right to complain.

Should you have any further enquiries concerning this matter, please write or contact me on the above telephone number.

Yours sincerely

Lynne Davidson

Senior Information Officer

(Enc)

PERSONAL

Mr Johnathon Shilling

Email:

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