Supporting document (Exhibit A-4) to Appellant’s notice of appeal against a Decision Notice issued by the Information Commissioner, in accordance with rule 22 of the Tribunal Procedure (First-tier) (General Regulatory Chamber) Rules 2009. Concerns requests for information made to Humberside police to obtain the number of times the phrase "YOU CANT MAKE ME" appeared in police officers witness statements. Humberside Police relied on section 14(1) (vexatious requests) of FOIA.
1. IN THE FIRST-TIER TRIBUNAL
GENERAL REGULATORY CHAMBER
(INFORMATION RIGHTS)
APPEAL: EA/2017/0161
BETWEEN:
Appellant
and
THE INFORMATION COMMISSIONER
Respondent
EXHIBIT A-4
Civilian members of police staff impersonating
police officers
2. 25 February 2017
On the morning of 22 December 2015 two people who I suspect (it is pretty much
confirmed) falsely claimed they were the police hammered persistently on my door
and coerced me into attending court in relation to case 16AY0283715. I was
imprisoned and told while awaiting the hearing that I would have access to the duty
solicitor. I was handcuffed and led to the kangaroo court without seeing a solicitor
where I was wrongfully convicted by Deputy District Judge Andrew Pascoe.
I have been unable to establish the identity of the two people but after a third attempt
using Freedom of Information I am satisfied that the two people are likely to be
Warrant Officers employed by Humberside police who are civilian members of police
staff.
Both were male. The younger, who I suspect led me to believe they were police
officers, was estimated to have been between 25 and 35 whilst the older probably
between 50 and 60.
The door would not ordinarily have been opened and only answered because I
expected it would be broken down having been misinformed that they were police
officers. Given that the impostors were indiscreet and that in any event I was not
guilty and had been stitched up, I considered it would be better to get them out of the
common part of the apartment block away from neighbours and deal with them
outside. On reflection, being exposed to whole apartment complex when outside the
situation worsened regarding privacy. The impostors were no less discrete as one
discussed the matter on the phone presumably with the police, court or whoever and
so it was desirable to get them further out of the way. The older one physically
dragged me by my clothing to his car and coerced me into it when I took the initiative
to distance myself and the impostors from neighbours. The other continued his
telephone conversation outside of the car a mere few metres from the windows of
several ground floor neighbours.
Intending to deceive someone by impersonating a police officer is a punishable
offence and liable to a maximum prison sentence of 6 months, a fine or both under
Section 90 of the Police Act 1996.
Humberside police Telephoned 27/2/2017 (Sergeant Blake)
3. RESTRICTED - INVESTIGATIONS
Humberside Police
Professional Standards Branch
Police Headquarters,
Priory Road,
Hull, HU5 5SF.
Switchboard: 101
Tel: 01482 578335
Fax: 01482 305004
This matter is being dealt with by:
Professional Standards Branch
psb@humberside.pnn.police.uk
www.humberside.police.uk
IX/229/17/SAS 13 March 2017
Mr
Grimsby
North East Lincolnshire
DN
Dear Mr
This letter is in relation to Humberside Police Log 196 of 26th
February 2017.
The log details how you wanted to complain about two people who you said falsely
claimed they were police when they arrested you in December 2015.
The information within the log has been reviewed. It has already been recorded as
a complaint, reference number CO/1/17. A decision was made that this would be
disapplied and would not be investigated, you appealed this decision to the
Independent Police Complaints Commission who did not uphold your appeal. You
were sent a letter from Harpreet Sahota of the IPCC dated 13th
February 2017
making you aware of this. In her letter Miss Sahota made you aware that if you had
any questions or needed more information you could contact her, her details were
on the letter which you were sent.
As such, this is a repetitious compliant and this will not be recorded again as a
complaint.
If you are not happy with my decision you can appeal to the Independent Police
Complaints Commission, I have enclosed a document advising you of this process.
You have 29 days within which to make your appeal to the IPCC. You are advised
to post your appeal in good time to ensure it reaches the IPCC before the end of the
29th
day. The 29th
day is 11th
April 2017. Appeals received after 29 days may not
be allowed unless there are exceptional circumstances.
4. RESTRICTED - INVESTIGATIONS
You might want to consider using guaranteed next-day delivery post service to
ensure that your appeal is received within time.
Yours sincerely,
5. NOT PROTECTIVELY MARKED
NOT PROTECTIVELY MARKED
Making a complaint against the
police, a Police and Crime
Commissioner or the Mayor’s
Office for Policing and Crime
IPCC Office Use Only
Completing the form
Please use BLOCK CAPITALS when completing this form. If you have any difficulties in filling
out this form, and would like to discuss it please call 101. If you would like someone to act on
your behalf (perhaps a friend or relative) please provide their details and your written
permission for them to act on your behalf and submit this with your form.
Your details (complainant)
Title: e.g. Mr, Miss, Mrs, Ms (Mr) First name:
Surname: Date of birth: . .
Address:
Grimsby
North East Lincolnshire Postcode: DN
Work telephone N/A Home telephone number N/A
Mobile telephone number: N/A Email: @gmail.com
6. NOT PROTECTIVELY MARKED
NOT PROTECTIVELY MARKED
Who are you complaining about?
Please give the details of who you are complaining about – for example the police force /
Police and Crime Commissioner or the Mayor’s Office for Policing and Crime.
Police force
For complaints against the police please give us any details you might have about the
officer(s) you would like to make a complaint against:
Name, rank, ID and any other identifier: Detective Chief Inspector Craig Scaife
Name, rank, ID and any other identifier: ………………………………………………
If you know the police station that the officer/s work from, please give details:
Grimsby police station (Assume)
What is your complaint about?
Please describe the circumstances that have led to your complaint? Include details of:
At this stage we only require a summary of your complaint, but you may attach additional
information if necessary. Please use the space provided on the last page of this form.
………………………………………………………………………………………………………
On 25 February 2017 I reported a crime; I believe the crime number/log is 196 of 26th
February 2017.
I have a letter from Humberside Police dated 13 March 2017. It is evident from the contents of
the letter that the force has improperly dealt with my crime report and treated it as if it were a
complaint submitted under the Police Reform Act 2002.
• Who was involved?
• What was said and done
• Where the incident took place
• When the incident took place
• If there was any damage or injury
• Any other people who witnessed the incident
• Details of any witness
7. NOT PROTECTIVELY MARKED
NOT PROTECTIVELY MARKED
Signature and date
The details of this complaint will be sent to the appropriate authority responsible for
considering your complaint. Please sign and date to confirm the information you have
provided is correct:
Signature Date 16 May 2017
8. RESTRICTED - INVESTIGATIONS
Humberside Police
Professional Standards Branch
Police Headquarters,
Priory Road,
Hull, HU5 5SF.
Switchboard: 101
Tel: 01482 578348
Fax: 01482 305004
This matter is being dealt with by:
IO 3091 Fletcher
Professional Standards
psb@humberside.pnn.police.uk
www.humberside.police.uk
IX/00578/17
2 June 2017
Mr
Grimsby
North East Lincolnshire
DN
Dear Mr
Non-Recording of Complaint
The letter is in relation to the complaint you made on 16th
May 2017 to the IPCC
and which you reported to the police on 26th
February 2017 under log 196 regarding
warrant officers impersonating police officers. This matter was passed to the
Professional Standards Branch with a view to deciding whether or not the matter
should be recorded as a complaint against the police in accordance with the Police
Reform Act.
You have referred to two police warrant officers who detained you for failing to
appear at court and have now stated you wished this matter to be recorded as a
Crime as opposed to an actual complaint against the police.
The call taker at the time the log was recorded explained to you that the warrant
officers are provided with powers of arrest and are police employees, but you stated
you wished to persist with your complaint (CO/1/17). You have acknowledged in
your letter to Sally Banks within PSB dated 1st
February, 2017 that you had
subsequently learned and therefore understood that Police members of staff held
designated powers to execute certain warrants as designated by the courts.
Therefore these officers were going about their lawful business and their actions will
not be recorded as a crime and you appear to acknowledge and understand why
that is. Furthermore, you are aware that because the incident was in excess of a
year old, your original complaint on this same aspect was disapplied.
RESTRICTED - INVESTIGATIONS
9. RESTRICTED - INVESTIGATIONS
I have therefore made the decision not to formally record your complaint because it
is a repetition of the matter you previously complained of.
If you are not happy with the decision you can appeal to the Independent Police
Complaints Commission. Enclosed is a document advising you of this process. You
have 29 days within which to make your appeal to the IPCC. You are advised to
post your appeal in good time to ensure it reaches the IPCC before the end of the
29th day. The 29th day is 1st July, 2017. Appeals received after 29 days may not
be allowed unless there are exceptional circumstances.
You might want to consider using guaranteed next-day delivery post service to
ensure that your appeal is received within time.
RESTRICTED - INVESTIGATIONS
10. Appealing against a complaint not being recorded
The IPCC must receive your appeal within 28 days commencing on the day after the
date of the letter you have received from the police. This includes the time your appeal
spends in the post. This form is also available online; completing the form online will
speed up this process. Alternatively, please fill in and return this form as instructed at
the bottom of the form.
____________________________________________________
If there is anything which makes it difficult for you to use this service, for example if
English is not your first language or you have a disability; please contact the IPCC using
the contact details at the end of this form. Alternatively, please use the space below to
tell us how we might help to make things easier for you.
………………………………………………………………………………………………..........
………………………………………………………………………………………………………
Please give the name of the appropriate authority your complaint was about.
Humberside Police
………………………………………………………………………………………………………………………......
If you have received a letter from the appropriate authority telling you that they will not
be recording your complaint, please give the date of that letter.
2 June 2017
………………………………………………………………………………………………………………………......
___________________________________________________
Please tick the appropriate box: Mr Mrs Miss Ms
Other (please specify) ……………………………
First name: (Please write clearly)
……………………………………………………………..
Last name: (Please write clearly)
……………………………………………………………
Date of birth: ……… / /
……………………………………………………………………….
11. Your address:
………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………….
,
……………………………………………………………….Postcode: ……………………DN
Daytime telephone number: Evening telephone number:
0 …. ……………………………….
Email address: Date you made your complaint:
@gmail.com…………… 16/05/2017
____________________________________________________
Who did you make your complaint to, for example, the police, the IPCC, or another
organisation?
Humberside Police
……………………………………………………………………………………………………………………..
Please provide brief details of the complaint that you made. Please continue on a
separate sheet if necessary.
Humberside police has made a decision not to formally record my complaint because it
considers it to be a repetition of the matter I previously complained of.
Humberside police is misconceived because I have never made a complaint about
Detective Chief Inspector Scaife nor have I ever made a complaint of this nature.
My complaint was about Detective Chief Inspector Scaife abusing the provisions for
dealing with complaints under the Police Reform Act 2002. I had reported a crime,
which I submitted on Humberside police’s website as opposed to making a complaint
but the force erroneously dealt with it as if it were a complaint submitted under the
Police Reform Act 2002.
My complaint does not concern the warrant officers in any respect therefore can not be
repetitious.
Apparently irrelevant but nevertheless twisting the facts
Detective Chief Inspector Scaife states that I referred to the warrant officers who
detained me and have now stated I wished the matter to be recorded as a Crime as
opposed to an actual complaint against the police. There is no apparent reason for this
to be an issue. I had submitted a complaint about the police on a prescribed complaint
form and because the force was able to exploit the Police Reform Act 2002 to avoid
12. dealing with the matter I reported the impersonation of a police officer as a crime on the
facility to report a crime on the force’s website.
Detective Chief Inspector Scaife refers to the conversation between myself and
Sergeant Blake on 27 February 2017, in response to the crime I had reported on the
force’s website. Here he asserts (Scaife) that I had stated that I wished to persist with
my complaint (CO/1/17). Considering the conversation was in relation to the crime I had
reported it is only logical that it was the crime I had reported which I wished was
persisted with (not complaint). In any event, it would have made absolutely no sense to
have stated that I would wish to persist with my complaint (CO/1/17) as the IPCC had
concluded the matter by 13 February 2017 which was two weeks before the
conversation took place.
Detective Chief Inspector Scaife next refers to the representations I was asked to make
regarding why my complaint was made two weeks outside the 12 month time limits. He
exploits the admission I made that I had been informed that all warrant Officers are
Civilian Members of Police Staff with designated powers to execute certain Warrants as
designated by the Courts (eventually learned 15 December 2016). I’m not certain of the
relevance of this but guess, from the following paragraph (Scaife’s letter), that as well as
having designated powers to execute certain Warrants, the force considers these
Civilian Members of Police are also permitted in law to present themselves as police
officers.
Although this is not strictly relevant to this appeal, for what it’s worth, I would argue that
a warrant Officer would be breaking the law by claiming they were the police as
opposed to working for the police or the court.
Detective Chief Inspector Scaife then refers completely without relevance to the
complaint being disapplied.
Please tell the IPCC why you would like to appeal about the way your complaint was
handled by ticking the appropriate box.
The appropriate authority did not make a decision about whether to record my
complaint.
The appropriate authority did not record my complaint.
The appropriate authority did not forward my complaint to the appropriate authority
involved (this does not apply if your complaint is about a contractor).
………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
14. Our reference number: 2017/085998
PSD reference number: IX/58/17
Mr' .
(
1
D
7 July 2017
Dear Mr
•
I
independent
annibynnol
PO Box 473
Sale M33 oBW
Blwch Post 473
Sale M33 oBW
Tel/Ff6n: 0300 020 0096
Fax/Ffacs: 0207166 3306
Text relay/Cyfnewid Testun: 18001 02071663000
Email/E-bost: enquiries@ipcc.gsLgov.uk
Web/Gwefan: www.ipcc.gov.uk
This letter is about your appeal against Humberside Police which we received
on 16 June 2017.
We are independent of the police. Our role is to look at whether your
complaint should have been recorded. When making my decision I have to
see:
• if the chief officer or appropriate authority failed to make a decision?
• if the chief officer or appropriate authority failed to notify the correct
appropriate authority?
• if the matter/s you raised should have been recorded as a complaint?
After looking at all the information available I have upheld your appeal.
My letter to you will consider each point:
1. Did the chief officer or appropriate authority fail to make a
decision?
No, Humberside Police's Professional Standard Department (PSD)
reviewed your complaint dated 16 May 2017 and wrote to you on 02 June
2017 to notify you of their decision not to record your complaint.
Not Upheld
2. Did the chief officer or appropriate authority fail to notify the
appropriate authority?
No, Humberside Police's PSD is the appropriate authority.
Mae'r IPCCyn croesawu gohebiaeth yn y Gymraeg
15. Not Upheld
3. Should the matterls you raised have been recorded as a complaint?
When a complaint is made to a chief officer or appropriate authority, they
have a duty to record any complaint about the conduct (behaviour) of a
person serving with the police or a contractor. The law allows the chief
officer or appropriate authority not to record a complaint where certain
statutory exceptions are met.
I have reviewed your complaint dated 16 May 2017 and have decided that
the matters you raise are required to be recorded.
It is important to highlight that in reaching my decision I have considered all
of the material and comments provided. Where a document or comment has
not been specifically referred to, it has not been considered.
In your complaint email dated 16 May 2017, referenced 1X/58/17, you allege
that you reported a crime on 25 February 2017. The letter dated 13 March
2017 from Humberside police demonstrates that the force have improperly
dealt with the crime report by treating it as if it were a complaint.
In PSD's letter to you dated 02 June 2017, they state that your complaint
dated 16 May 2017 was not recorded on the ground that it is repetitious of
your previous complaint CO/1/17 which was subsequently disapplied.
For clarity, IPCC Statutory guidance states that a complaint is repetitive
when it contains substantially the same allegations and has been recorded
and an outcome provided in line with the Police Reform Act.
Please note that a repetitious complaint is one which:
is substantially the same as a previous complaint or conduct matter,
even if it is made by someone other than the original complainant, or
concerns substantially the same conduct as a previous conduct
matter;
contains no new allegations which significantly affect the case;
contains no new evidence to support the complaint.
Having reviewed your previous complaint reference CO/1/17, you have
alleged that two Humberside police warrant officers have impersonated
police officers.
It appears that the allegation made in your new complaint dated 16 May
2017 (1X/578/17) is regarding the handling of your crime report as a
complaint (CO/1/17). As such the allegations are concerning different
officers and thus cannot be considered to be repetitive. Therefore, your
appeal is upheld on this basis.
Humberside Police's PSD are directed to record your complaint made within
your complaint form dated 16 May 2017.
16. Upheld
Humberside Police's PSD will contact you about the above actions. Please
contact them directly if you do not hear from them within 28 days
You are not able to appeal my decision. However, if you have any questions
or need more information about my decision please contact me. My details
are at the end of this letter.
The paperwork you have sent us has been electronically copied. The
original papers will be securely destroyed in line with our policy. If you would
like your papers returned, please can you let us know within 21 days of the
date of this letter. We will then return them by standard delivery post.
Yours sincerely
Sadaf Yousaf
Assessment Analyst
Independent Police Complaints Commission (IPCC)
Tel: 0121 6733766
Ernail: sadaf.yousaf@ipcc.gsLgov.uk
www.ipcc.gov.uk
Find the IPCC's guidance on handling complaints here:
http://www. ipcc.gov. uklpage/statutory-g uidance
17. CO/00520/17
NOT PROTECTIVELY MARKED Humberside Police
Professional Standards Branch
Police Headquarters
Priory Road HU5 5SF
Tel No: 01482 578343
Fax No: 01482 305004
Switchboard: 101
This matter is being dealt with by:
Caseworker Mrs S. Banks
psb@humberside.pnn.police.uk
www.humberside.police.uk
01 August 2017
Mr
Grimsby
North East Lincolnshire
Dear Mr
May I refer to the complaint which you made on 16 May 2017 about the conduct of
an officer from this Force.
This matter has been formally recorded under the Police Reform Act 2002 as
amended by the Police Reform & Social Responsibility Act 2011. I enclose a copy
of the complaint as it has been recorded for your information.
The file has been passed to a caseworker who will do some initial evidence
gathering in relation to your complaint before it is forwarded to an investigating
officer. You will be informed in due course as to who the investigating officer will be.
This process would normally be completed within 28 days however if there is any
further delay you will be updated accordingly.
Should you change your address before the completion of the enquiry, I would ask
you to notify this office at the above address as soon as possible, to enable us to
keep you updated with the progress of the enquiry.
Yours sincerely,
NOT PROTECTIVELY MARKED
18. NOT PROTECTIVELY MARKED
Professional Standards Branch
Complainant Report
Case Reference CO/00520/17 Case Recorded 01/08/17
COMPLAINANT
Title
Surname
Forenames
Mr Address
Grimsby
North East Lincolnshire
ALLEGATION(S)
No
Recorded
Type
Location
Allegation
Allegation Result
1
01/08/17
Other neglect or failure in duty
The complainant states he contacted the Police wishing to report a Crime
committed by Police Staff Warrant Officers purporting to be Police Officers who
had arrested him, but the Police wrongly recorded a Complaint Against Police
instead of raising a Crime Report in respect of persons impersonating police
officers.
19. CO/00520/17
NOT PROTECTIVELY MARKED Humberside Police
Professional Standards Branch
Police Headquarters
Priory Road HU5 5SF
Tel No: 01482 578343
Fax No: 01482 305004
Switchboard: 101
This matter is being dealt with by:
Sally Banks
psb@humberside.pnn.police.uk
www.humberside.police.uk
Mr
Grimsby
North East Lincolnshire
Dear Mr
You were contacted a short time ago in relation to your complaint that was formally
recorded with Professional Standards.
I am writing to inform you that the matter is still being progressed with the
caseworker.
You will be informed within 28 days as to who the investigating officer will be or if
there is to be a further delay.
Should you change your address before the completion of the enquiry, I would ask
you to notify this office at the above address as soon as possible, to enable us to
keep you updated with the progress of the enquiry.
I apologise for the delay
Yours sincerely
NOT PROTECTIVELY MARKED
20. NOT PROTECTIVELY MARKED
CO/00520/17
Humberside Police
Professional Standards Branch
Police Headquarters
Priory Road
Hull HU5 5SF
Tel: 01482 578343
Fax No: 01482 305004
Switchboard: 101
This matter is being dealt with by:
Sally Banks
psb@humberside.pnn.police.uk
www.humberside.police.uk
5 September 2017
Mr
Grimsby
North East Lincolnshire
DN
Dear Mr
With reference to the complaint you made on 16 May 2017 about the conduct of an
officer from Humberside Police.
I am writing to update you that your complaint has been formally recorded under the
Police Reform Act 2002 as amended by the Police Reform & Social Responsibility Act
2012.
I have included a copy of how your complaint has been recorded. This is a brief
summary of your complaint and will not necessarily cover all the details that you have
provided us with.
Having assessed the complaint it has come to my attention that this complaint is
considered to be vexatious and an abuse of process. With regard to being vexatious
the IPCC states "Complaints about the decision not to record a matter as a crime will
not usually amount to an abuse of procedure or constitute a vexatious complaint. A
complainant might legitimately believe a crime has been committed- after all, they
reported the matter to the police and the complaint is that an officer has made an
incorrect decision.
A person questions an officer's decision not to record a matter as a crime, but does not
formally complain. The person receives a thorough explanation why the decision
followed force policy (for example, the matter is one which the force will never record).
If the person then makes a subsequent complaint that the officer was wrong for not
recording the crime, that complaint is vexatious."
NOT PROTECTIVELY MARKED
21. NOT PROTECTIVELY MARKED
With regard to the abuse of the complaints system, the IPCC state "Where there is or
has been a manipulation or misuse of the complaints system to initiate or progress a
complaint which, in all the circumstances of the particular case, should not have been
made or should not be allowed to continue.'
On 26/02/17 you telephoned the police claiming the warrant officers arresting you
were impersonating police officers. At the time the call-taker explained that the
officers concerned were warranted by the Chief Constable and possessed the correct
powers to arrest you. As such they were carrying out their lawful police duties and
there could be no cohesive suggestion a crime had been committed. Being made
aware of this you made a further complaint that you were not actually making a
complaint against the police but reporting a crime. However the Log clearly states
that having had this explained to you by the contact officer, you wished to complain
anyway.
In these circumstances I am considering whether to seek authority to disapply your
complaint. This means the complaint can be dealt with in any manner deemed
appropriate, which on this occasion would mean that no investigation would take place
and the file would be closed.
However, prior to making a final decision whether or not to disapply your complaint I
invite you to make any representations as to why you believe that your complaint should
be investigated.
Please make any representations within 29 days from the date of this letter. If
representations are made these will be considered and you will be updated as to
whether your complaint will be disapplied or dealt with.
If you do not make any representations within 29 days from the date of this letter a
disapplication will be applied for and a decision made as to whether any action will be
taken with regards to your complaint. Again you will be updated with this decision.
NOT PROTECTIVELY MARKED