FOI 125595

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 125595

I write in connection with your request for information which was received on 19^th October 2021. Please find below the response to your request:

1. A copy of complaints procedures that govern dealing with complaints whilst an investigation is ongoing - together with all supporting reasoning for adopting those procedures and any assessments of the potential risks of abuse of process - both administratively as well as legally - where the complaint is actually about the conduct of the ongoing investigation and the performance of investigating officers
2. https://www.westmercia.police.uk/advice/advice-and-information/c/af/complaints/ - Given your assertions "Complaints are an important way for us to learn where we are falling short as a service and correct it as quickly as possible", any reports over the last three years on the effectiveness of the complaints procedures and on learning and corrective actions that have resulted from its application
3. Recording phone calls - given you chose to neither inform me in advance, nor seek my consent to recording yesterday's phone call, any documentation that confirms this is acceptable practice; any assessments that have considered the circumstances when recording calls without prior consent is permissible and desirable, and any document that have suggested circumstances when prior consent should be sought

Reply:-

Regarding Q1 & 2

Section 17 of the Freedom of Information Act 2000 requires West Mercia Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.

The exemption applicable to the information is:

Sec 21(1) Information Reasonably Accessible by Other Means

This is an Absolute, class based exemption.

The information that you require for Q1 is already available https://www.policeconduct.gov.uk/complaints-reviews-and-appeals

The IOPC has a statutory duty to provide an effective Police Complaints system. The guidance is issued under Sec 22 of the Police Reform Act 2002. It applies to local policing bodies and all 43 Police Forces in England and Wales. Home Office Guidance for Complaints and Misconduct Regulations 2020 are also openly available and in the public domain.

The information that you require for Q2 is already available

https://policeconduct.gov.uk/your-local-police-force

We would not have 3 years’ worth of data for these outcomes, as they are under the new Legislation- Police Conduct Regulations 2020 ‘effectiveness including learning and corrective actions’ only commenced February 2020. The above statistics provide the Forces outcomes including Reflective Practice and Lesson Learning.

Question 3

Regulations of Investigatory Powers Act 2000 (RIPA) states it is legal to record phone calls in the UK.

It is not illegal to record a call or even collect data from that call, however we are unable to publish or share data from a third party without consent. Calls are recorded so that they can be played back if clarification is needed and are sometimes used as evidence. Normally the Police do not provide a warning that calls are recorded as this could cause a delay in an emergency situation. Most Forces record the majority of their calls received.