Question

Dear Northamptonshire Police, Fire and Crime Commissioner, I write to you under the Freedom of Information act 2000 to request five pieces of evidence:

1. FOUNDATION EVIDENCE for the claim that all genus of cannabis meets the currently accepted criteria for a schedule 1 substance in its raw form.

2. FOUNDATION EVIDENCE for the claim that cannabinoid preparations meet the currently accepted criteria for a schedule 1 substance.

3. FOUNDATION EVIDENCE for the claim that cannabis is a ‘controlled’ substance in the UK and who is making that claim of control.

4. FOUNDATION EVIDENCE for what is considered misuse of raw cannabis and its various preparations.

5. The Clear Scientific Evidence of physical and mental harm and harm to communities, resultant from the use of cannabis to justify the class B penalty as per the 1971 Misuse of Drugs Act.

Answer

Following a search of our paper and electronic records, I have established that the information you requested is not held by the Office of the Northamptonshire Police, Fire and Crime Commissioner.

The Office of the Northamptonshire Police, Fire and Crime Commissioner (OPFCC) and Northamptonshire Police are two separate legal entities. Information regarding operational policing matters is the responsibility of Northamptonshire Police, therefore the OPFCC does not hold any of the information you have requested. Northamptonshire Police’s Information Unit may hold some of the information you are seeking. If you have not already done so, then you may wish to write to the Freedom of Information and Data Protection Team, Information Unit, Force Headquarters, Wootton Hall, Northampton, NN4 0JQ / freedomofinformation@northants.pnn.police.uk

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to: Nicci Marzec, Monitoring Officer, Office of the Northamptonshire Police, Fire and Crime Commissioner, East House, Force Headquarters, Wootton Hall, Northampton, NN4 0JQ.

Please remember to quote the reference number above in any future communications. If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Question

 1) Is information held by the OPFCC on how many times the OPFCC decide not to record a complaint and the reasons for not recording it?

 2) Is the information held on how many complaints the OPFCC received but decided not to record about all senior officers?

I also request copies of the following:

Data on “when the commissioner decides not to record a complaint about the police”

Data that covers the following criteria:

(a) Reason for not Recording the complaint and 

(b) The rank of police staff / officer who the complaint was originally made against and

(c) Using date range of 1st January 2020 to the day that the actual disclosure is performed (precise dates need disclosing)

Can I please have the data in a spreadsheet format and to clarify I’m requested data relating to my request going back to 1st January 2020 and show data for each day (rather than grouped into weeks or months)

Rough Example:

1st March 2020, 2 complaints not recorded, for XYZ reasons, made against a XYZ rank (PC, DS etc)

Data on “when the commissioner decides not to record a complaint about the police”

Answer

I am writing to advise you that, following a search of our paper and electronic records, I have established that some of the information you requested is held by the Office of the Northamptonshire Police and Crime Commissioner.

It is important to understand that The Office of the Northamptonshire Police, Fire and Crime Commissioner (OPFCC) and Northamptonshire Police are two separate legal entities. Information regarding operational policing matters is the responsibility of Northamptonshire Police, therefore the OPFCC does not hold any of the information you have requested. Northamptonshire Police’s Information Unit may hold some of the information you are seeking. If you have not already done so, then you may wish to write to the Freedom of Information and Data Protection Team, Information Unit, Force Headquarters, Wootton Hall, Northampton, NN4 0JQ / freedomofinformation@northants.pnn.police.uk

Upon receipt of an expression of dissatisfaction, the Customer Service Team carry out an initial assessment. This initial assessment includes:

• Determining whether the complainant is eligible to complain
• If they are eligible to complain, whether the allegations made are suitable for service recovery
• If they are eligible to complain, whether the allegations should be recorded under Schedule 3 of the Police Reform Act 2002 and referred to the Force’s Professional Standards Department. This is only applicable to allegations so serious that if proven they could justify the bringing of misconduct proceedings.

According to the Independent Office for Police Conduct (IOPC) Statutory Guidance 2020, section 5.2 “a complaint is any expression of dissatisfaction with a police force that is expressed by or on behalf of a member of the public. It must be made by a person who meets the definition of a complainant”.

There are a number of reasons why someone may not be eligible to complain, including:

• They are not adversely affected by the matter complained about
• They are a serving member of the force complained about
• The complaint was submitted to the incorrect body or appropriate authority

IOPC Statutory Guidance, section 5.6 defines adversely affected as:

“A person will be considered to have been adversely affected if they have suffered any form of loss, damage, distress or inconvenience as a result of the matter complained about, if they have been put in danger or otherwise unduly put at risk of being adversely affected.”

“A person will not be considered to have been adversely affected solely by virtue of having seen or heard about the conduct or its effects, (for example, in the news or being told about it by a third party24) unless they: • were physically present or sufficiently nearby when the conduct took place, or the effects occurred, and saw or heard the conduct or its effects, or • were adversely affected due to the fact that they knew the person directly affected by the conduct before it happened”.

Between the first of February 2020, when the Policing and Crime Act 2017 came in to effect and the 8^th October 2020, when the request was submitted, the Customer Service Team have received 39 complaints which have been assessed and a decision has been made not to record them. These are logged as ‘LPB’ (Local Policing Body) cases on Centurion, which is the same system used to record complaints. In addition, all complaints are captured on a spreadsheet.

Of these complaints that have not been recorded 20 have related to matters they have seen in the local or national media or via social media. Unless the complainant is the person whom the media release was about, they do not meet the above definition of adversely affected and therefore their complaints are not recorded. When this decision is made, the Customer Service Team follow a similar process to the service recovery process followed for complaints that would not, if proven, justify the bringing of misconduct proceedings. The complainant will receive an apology, if appropriate, an explanation and feedback will be passed to the relevant person or department. Where the conduct complained of could, if proven, justify the bringing of misconduct proceedings, these complaints are still referred to the Professional Standards Department where the conduct will be assessed. In these circumstances, the complainant will not be entitled to an update, however the process for recordable conduct matters will still be followed.

In the same period we recorded 501 complaints. 

Data on “when the commissioner decides not to record a complaint about the police”

Data that covers the following criteria:

1. Reason for not Recording the complaint and 

See attached spreadsheet

1. The rank of police staff / officer who the complaint was originally made against and 

See attached spreadsheet – where there is no information held this may be because the complaint wasn’t about the conduct of a specific officer or the officer complained about wasn’t identified and logged as there was no requirement for further action in relation to the complaint.

(c) Using date range of 1st January 2020 to the day that the actual disclosure is performed (precise dates need disclosing)

See attached spreadsheet. I have only been able to include data from 01/02/2020 as this is when the Customer Service Team assumed responsibility for the recording of complaints. Prior to this, the complaint recording function was carried out by Northamptonshire Police. As they are a separate organisation there is no information held.

Copy of Complaints Data – FOI 07102020-1