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Exhibit a 3


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Supporting document (Exhibit A-3) 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.

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Exhibit a 3

  1. 1. IN THE FIRST-TIER TRIBUNAL GENERAL REGULATORY CHAMBER (INFORMATION RIGHTS) APPEAL: EA/2017/0161 BETWEEN: Appellant and THE INFORMATION COMMISSIONER Respondent EXHIBIT A-3 Assessment of appeal to Local Resolution outcome (8 June 2016)
  2. 2. - - -- - ." Criminals, Making a D:fference Appeal ref: HAB/LSU/45/20383/AS Complaint ref: CO/461/15 HUMBERSIDE POLICE APPEAL BODY Police Headquarters Priory Road Hull HU55SF Te1No:01482 578125 Fax No: 01482 305004 Switchboard: 101 This matter is being dealt with by: Judi Heaton Humberside Police Appeal Body .---------------- ----- Dear Mr ( 8 June 2016 This letter is about your appeal against Humberside Police which was received on 25 January 2016. Before outlining my decision I should explain that my role is not to re-investigate your complaint but to review the Local Resolution outcome into your complaint. As part of the review I have looked carefully at: Complaint File CO/461/15 and associated appeal papers. After considering all the information available I have now made a decision about your appeal. I have not upheld your appeal and the reasons for this decision are set out in the attached report. I appreciate this decision will be disappointing for you, however I assure you that the appeal has been dealt with objectively and independently. You are not able to appeal against the assessment of your appeal. Humberside Police Appeal Body decisions are final. This means that any decision made and communicated to those involved can usually be overturned only by the courts through judicial review process. If you intend to pursue this course of action you should seek legal advice. Yours sincerely ~~ ~fJudi Heaton Humberside Police Appeals body End.
  3. 3. RESTRICTED -INVESTIGATIONS Complaint ref: CO/461l15 AL Appeal Ref: HAB/LSU/45/20383/ASInto outcome of Local ResolutionMrNIN/A12 November 201513 January 2016 mplainant: 13 January 201625 January 2016Yes8 June 2016 decision: 8 June 2016 BACKGROUND TO THE APPEAL 1. The complaint: The following allegations have been recorded: 1. Other neglect or failure in duty The complainant alleges that an officer has wrongly informed him that a matter which he wanted to report is a civil matter, when he believes it to be a criminal matter. 2. The appeal (grounds given for the appeal): The complainant, on his appeal forms has stated that he does not consider the complaint was suitable for Local Resolution. He states that his request that the complaint be escalated to the Chief Constable has been ignored. The complainant has then reproduced some emails and key facts statements and guidance which are already part of the complaint file. RESTRICTED - INVESTIGATIONS
  4. 4. RESTRICTED - INVESTIGATIONS The complainant continues by stating that the outcome was wholly inappropriate and goes on to suggest that Humberside Police engages in a practice which overlooks its duty to the taxpayer in favour of shielding the local authority from justice. The complainant states that the outcome was also wrongly determined on advice from the 'Force Solicitors' and states that the advice regarding making an appeal (to the Court) is an unreasonable procedure for an ordinary taxpayer. CONSIDERATION OF VALIDITY 1. Is the appeal complete enough? Yes 2. Is there an appeal right? Yes 3. (a) Is the appeal in time? Yes (b) Have representations been received? N/A (c) Are the circumstances in which the appeal was made sufficiently special to allow the appeal? N/A A§SE~SMENI OF.APPE~L A9AIN§I THE qpTQq""E OF THE LOC~L RESOLUTION OF A COMPLAINT, OR THE.OUTCOME OF A COMPLAINT HANDLED OTHERWISE IN ACCORDANCEWl'rtl SHEDULE3 OF/THE POLICE REFORM ACT 2002 1. Was the complaint suitable for local resolution? Yes. The criteria for whether or not a complaint can be dealt with by Local Resolution are set out in Paragraph 6, Schedule 3 of the Police Reform Act 2002 (as amended). The conditions which must be satisfied are: RESTRICTED - INVESTIGATIONS
  5. 5. RESTRICTED - INVESTIGATIONS • The appropriate authority is satisfied that the conduct that is being complained about (even if it were proved) would not justify bringing criminal or disciplinary proceedings against the person whose conduct is complained about; and • The appropriate authority is satisfied that the conduct complained about (even if it were proved) would not involve the infringement of a person's rights under Article 2 or 3 of the European Convention on Human Rights. Both of these conditions must be satisfied for the matter to be deemed suitable to be dealt with by Local Resolution. The complaint made against the police in this case is not sufficiently serious to pursue criminal or disciplinary proceedings. Article 2 of the European Convention on Human Rights protects a persons' right to life. Article 3 of the European Convention on Human Rights prohibits torture, and inhuman degrading treatment or punishment The person who passed the advice to the complainant would not be subject to disciplinary or criminal proceedings as a result and therefore the appropriate authority was correct in deciding that the complaint was suitable for local resolution. Summary Appeal Assessment: Not Upheld 2. Was there evidence to show that the complainant was sufficiently informed? Yes, the complainant was written to by the Appropriate Authority regarding the leceipt, recording and allocation of his complaint. He has also been in communication by email with the Investigating Officer and received a Letter of Outcome. Summary Appeal Assessment: Not Upheld 3. Was the action plan for the local resolution suitable and complete? Yes. The Investigating Officer has proposed an Investigation/Action plan of: Deal with the matter as a Local Resolution; Review contents of Complaint File; Discuss the matter with Humberside Police Force Solicitors; Seek any relevant response from staff concerned; Instigate any service recovery identified; Write to the complainant with the outcome of the enquiry. The plan is suitable for the complaint made and complete. RESTRICTED - INVESTIGATIONS
  6. 6. RESTRICTED -INVESTIGATIONS Summary Appeal Assessment: Not Upheld 4. Are the findings of the local resolution appropriate/proportionate to the complaint? Yes. The Investigating Officer has looked into the complaint made, which is that a member of his staff gave advice regarding a court case involving the complainant and a Local Authority regarding non-payment of Council Tax and an application by that Local Authority for a Liability Order. The advice was that this was a civil matter. In his investigations, the Investigating Officer has sought the advice from Force Solicitors. He has been advised that the matters which the complainant has raised, should be raised through the court process and may be matters which could be raised at appeal. The Investigating Officer has also explained that the Judge is protected in law for making decisions whilst carrying out duties in the law courts. The Investigating Officer has concluded that the complainant was given the correct advice and advised that he should return to the courts to argue the points he has raised. The appeal assessment concludes that the findings of the Local Resolution are appropriate and proportionate to the complaint made. Summary Appeal Assessment: Not Upheld 5. Are the Force's proposed actions following the local resolution adequate? There are no proposed actions for the Force, which is appropriate in this case. Summary Appeal Assessment: Not Upheld 6. Was the outcome of the local resolution adequately communicated? Yes. By way of Letter of Outcome to the complainant. RESTRICTED - INVESTIGATIONS
  7. 7. RESTRICTED - INVESTIGATIONS Summary Appeal Assessment: Not Upheld 7. Grounds for appeal addressed. It is important to note that the purpose of the appeal process is not to re-investigate the complaint, but to review the Local Resolution outcome I into the complaint. The complaint file CO/461/15 and associated appeal papers were considered. The Appeal Assessment has addressed the complaint made and looked at the representations made by the complainant at appeal. On the basis of all the evidence available, the assessment concludes that the correct decision was made to Locally Resolve the complaint. On the basis of this assessment I have decided to Not Uphold the appeal. ACTIONS REQUIRED OF THE FORCE/APPROPRIATE AUTHORITY None. RESTRICTED - INVESTIGATIONS