police misconduct – Page 2

December 9, 2020December 11, 2020

It’s Miller Time! How Police Cover Up Allegations of Racism.

I’ve written on here before regarding Humberside Police. There’s something about that force that’s rather disturbing: a more blatent flouting of the College of Policing Code of Ethics, a lower standard of behaviour overall from the force towards the public and an open willingness to treat reports of crime and complaints with equal contempt.

Part of this is down to the geographical isolation of East Yorkshire and especially Hull from the rest of the UK. Humberside Police seem to have a genuine and recurring belief that they can do as they wish well away from prying eyes. The largely inept local media such as The Hull Daily Mail pay a part in assisting this of course. Rather than investigateve journalism that would reveal scandals in local policing they opt for click-bait thrill-a-minute headlines that drive traffic towards advertising. The PCC Keith Hunter is perenially inept at holding the force to account and the overall feeling is that he’s happy to sit out his tenure until pension day arrives.

Some of this flouting of the conventions of good policing can be traced back to the period in which Humberside Police were a Chief Constable-less, rudderless and struggling force on the verge of being put into special measures. Audits routinely returned appalling reports by any metrics devised. Nor has the situation and service standards improved greatly in the four years since minor improvements began.

Like most police forces they have a unique ability to both say one thing and do another, as well as shoot themselves in the foot. While professing to detest and crack down on racism within their ranks the actual tale is quite different.

Which brings us to our story for today.

There’s a page on the Humberside Police website which details upcoming misconduct hearings for the force.

Within the last few days this was changed – without any member of the public being informed or the change advertised. The content on the “new” URL as it appears currently (9.12.20) can be seen below.

The reason for this sudden change is that a senior officer has been chaged with the use of racist language. This is Stewart Miller, a high-profile DCI with Humberside Police who correspondingly have a lot to loose if the revelation of his conduct is proven true and receives appropriate levels of national publicity.

Humberside Police’s Stewart Miller pictured outside of Sheffield Crown Court.

The details of the alleged offence can be seen in the “new” misconduct page the image of which I have provided above. If true this behaviour constitutes an exceptionally severe breach of ethical and moral codes of conduct by this officer. Racist language, discrimiation and suchlike are uttely unacceptable in 2020 and repellant to the majority of civilised people.

However aware that the revelation of this allegation may cause a stir in the national media Humberside Police have changed the URL of the misconduct hearings page just before posting details of this forthcoming hearing.

The “old” page that the majority of people would see or have an existing shortcut to as of 8.12.20

This is a deliberate and purposeful act to attempt to stop the public becoming aware of these allegations against a senior officer. To see the “new”

The data about the hearing I have shown above can only be located from a careful search on the force’s website. This in itself is cause for concern: Humberside Police can of course claim that they have published the details of the misconduct hearing: but they have done so in a way tactically designed to hide the allegations and the public’s knowledge of the hearing. This is of course deplorable but entirely in keeping with that force’s general obsession with bad publicity. Of course now this matter is out in the open the changing of the URL looks even worse.

The effective hiding of the data regarding this misconduct hearing is also designed to protect this officer and his professional reputation. One wonders how this matter will play out in the event of a guilty finding by the force’s PSD and to what extent they will be prepared to publicise any disciplinary measures against this officer.

The alleged comments were made in summer 2020 just a few days after Humberside Police posted on their site positive content from The Association of Police Chiefs regarding the (as it turns out) aspirational aim for the UK police to be anti-racist following the death of George Floyd in the USA during contact with police.

Nor is Humberside Police the only force to be mired in a racism scandal this week as a post from investigative journalist Neil Wilby shows: https://neilwilby.com/2020/12/04/say-one-thing-do-another/

This sort of behaviour amounts to that which will not surprise seasoned watchers of Humberside Police.

9.12.20 update:

Having been caught out over this matter and it having received some publicity via Twitter on 8.12.20 Humberside Police have corrected the changed URL as of this morning, 9.12.20 so that the misconduct hearing for Mr. Miller is now advertised on the main page that most journalists and public would have a link to.

November 25, 2020November 26, 2020

“Accessing Police Systems for an Improper Purpose”

Humberside Police are one of those forces that you wonder how they get away with it.

Largely hidden away from the rest of the country on the edges of East Yorkshire they have a reputation every bit as unwholesome as other local forces.

One reason they do seem to get away with it is both geographical distance from the rest of the UK and of course lack of proper oversight. Their perennially ineffective Police and Crime Commissioner Keith Hunter recently showed the level of consideration he has for the local pubic by manhandling a visitor asking perfectly reasonable questions out of his office. As a former officer himself old habits die hard.

The PCC’s behaviour is of course equal to the contempt for the public shown by the force itself in such matters as inadequate custody suites which – on the basis of the last inspection reports I read – were shockingly poor, particularly in regards to the welfare of young people held in custody.

But while holding the public largely in contempt officers can expect lavish prize ceremonies at The Humber Bridge Country Park Hotel, a venue synonymous with chicken in a basket style meals and budget wedding ceremonies. These police awards stem from the days the force were in a Chief Constable-less mess which almost ended up with them being put into special measures. Handing out cut glass awards helped to boost the morale of the troops, albeit on a temporary basis. Clearly no gongs were forthcoming from any other source at that time and so the force decided to award gongs to themselves.

The days in which the force almost ended up in special measures still hang heavily over Humberside Police. The epithet “Where we do what we want” has seldom applied more to a UK force in modern times, Met Police excepted. Overall in those days and to a lesser extent now Humberside officers still tend to do what they want.

The consequence to all of this is that quite a number of officers from Humberside Police end up before their Professional Standards Department and such hearings now appear to be increasing in frequency. This suggests an increasing breakdown in internal discipline and operational effectiveness that needs to be addressed urgently.

Of course PSD generally tend to go for the low hanging fruit which means the officers most likely to be prosecuted are PC’s caught slacking off, pulling a sickie or whose face doesn’t appear to fit around the station. Occasionally officers are thrown to the wolves just so PSD can appear to be exercising some form of oversight. The more serious miscreants and offenders further up the slippery ladder are ignored. In the modern police force assistance over cover-ups are rewarded with promotion and rocking the boat by sacking someone who knows “where the bodies are buried”, metaphorically speaking of course, has the potential to bring the whole house of cards tumbling down.

So this recent case seen directly below reminded me of a well-publicised matter from a few years back – which is still a shocker – which I will discuss in a short while.

As you can see the basic charge is that this PC has been passing confidential police information on to criminals. Guaranteed this data will have been specifically requested by Ronnie and Reggie, will be of considerable use to said criminals and there will have been a payment involved somewhere down the line. That’s the way these things work.

Police databases include something called the PND or Police National Database. This is a huge wealth of half-truth, rumour and suspicion which will have entries on just about any person who has come into contact with the police for any purpose. Unlike the Police National Computer which must be accurate (containing as it does details of convictions, cautions etc.) the PND can contain outright unsupported rumours, slurs and spite.

Do please bear in mind you have no right of access to whatever falsehoods might be stored on the PND about you: although you can make a request for all the data uploaded by an individual force about you to PND. You then have a legal right of correction of the same.

Which brings us back round to Humberside Police.

As we’ve already seen there’s a tendency in the force to dip into and out of police systems for officer’s own benefit. Any access to PNC or PND is logged however so anyone doing so is easy to locate. Officers dipping into databases for their own curiosity or benefit tend to forget this.

Which brings us to DC Julian McGill.

The report above isn’t the full story as there’s been several instances of computer misuse from this officer over the years. This resulted in a final written warning and the hearing described below in which his career was on the line:

McGill at the time was serving as part of the local Police Federation. A fact that will have of course been unlikely to influence the position of the misconduct panel in any way! Generally gross misconduct results in only one outcome and since the offending act was admitted (he could hardly deny it given his access was logged) the decision of the panel was very much at odds with the seriousness of the offence.

However this all ties into my original premise that Humberside Police – situated away from prying eyes – seek to do what they like. Accessing police databases for their own use is simply one part of this and the brushing aside of an instance of gross misconduct is a further example.

November 23, 2020November 25, 2020

Desperate Times – Desperate Measures

Many ticklesome articles in the new Private Eye magazine (no. 1535, 20th November 2020) including this choice one on police recruitment.

Private Eye comments on police recruitment.

As always there’s many a truth spoken in jest.

At present the workload of the average Plod would incline anyone with the ability to obtain employment elsewhere to do so. Truly a policeman’s lot is not a happy one.

Nor are matters likely to improve with the new recruits when they’ve finally got some wool on their backs.

The lesson The Ministry of Justice learned to their cost was that sacking every experienced prison officer within range meant that the newer and less experienced were unable to handle the job with subtlety and skill. This caused a further recruitment problem as newly recruited staff also began to leave in droves once they realised the true horrors of the job they’d be facing daily.

So it will be with the new police recruits.

Possibly also unwise to have a large surge of untested youngsters in uniform, pumped up with testosterone and a newly-found sense of self-importance, kitted out with weaponry and the power of arrest let loose on the public.

One can only hope that new recruits will be paired with more experienced officers. But PC George Dixon is long since retired and these days six months or more in the frontline on the force and you’re considered a veteran. Stay for a year and doubtless South Yorkshire Police – the force that loves to hand out awards to underperforming officers – will have a decanter set and tin plaque to pass over to you.

An additional problem. Recent reports in the local press show South Yorkshire Police and West Yorkshire Police finding themselves and their transport under severe attack on entering some estates in Leeds and Sheffield. Police cars and vans were recently destroyed as they have also been outside of Goldthorpe Police Station in South Yorkshire.

Here we can see how spirited local residents have offered their opinion on police service standards.

Can it be long before armoured “snatch squads” operating in a similar fashion to those grabbing terrorist suspects in post-invasion Baghdad are sent in to spirit suspects away from troubled estates?

So if you do see such officers on the streets soon be sure to look out for their armoured snatch too.

November 20, 2020November 23, 2020

“Cuffing” or “Shonking” at South Yorkshire Police.

In modern police parlance “cuffing off” a job means to look for a way to avoid dealing with a complaint about a crime made by a member of the public. Shonking means the same thing. South Yorkshire Police is very much focused on internal award ceremonies for its staff and members of the public calling to report criminal offences gets in the way of this. Most inconvenient.

So here’s the story. I had an offence to report on the basis of information that came my way. Having researched the offence and charging guidelines for the same as well as collated sufficient documents to show who was responsible and how I completed the South Yorkshire Police online form. This is their preferred way of contacting you. And so I waited for contact back. And waited. And waited.

Eventually a series of phone calls were made on one afternoon to South Yorkshire Police via 101. The poor handling of the initial report from the webform data and subsequent poor handling of all subsequent contacts are described below.

Basically the webform was ignored. Phone calls to check on the progress of the report of a crime were also consistently mishandled.

From the 1980’s to the present day SYP is mired in scandal.

The basic issues are as follows:

1. A complaint of a crime was made. This was done via the online form for such. That the response from the online form took longer than the 72 hours the website states for any action to be taken in respect of the referral of a crime.

2. That the online form had still not been processed some 7 days later.

This amount to the first effort to “shonk” the job.

3. That from comments made by Professional Standards Dept. at SYP in a later email to me it would appear that this online referral has been “lost”.

4. Following the lack of response to the webform a series of phone calls were made by me on the Tuesday and Wednesday to SYP to establish what was happening in relation to the online referral.

5. That these calls were either cut off when transferred to the appropriate department or else rang out for an exceptionally long period. The time it took to get through to someone was the time of my journey that day from West Yorkshire to Bridlington on the East Yorkshire coast. Some one hour and fifteen minutes.

6. That on eventually speaking to an officer he stated that he had no copy of the online form in front of him but proceeded to dismiss the referral of a crime being committed on the basis that this incident was not a crime and therefore not something that police would deal with.

This is incorrect. I quoted CPS guidance and sentencing guidelines that clearly show the activity reported was a criminal offence.

Most police officers have a very poor working knowledge of the law and are often the worst people to decide if an offence falls into their jurisdiction or not. Or if an offence has been committed in law. Without sight of evidence etc. the officer was additionally on very shaky ground.

7. That the same officer rang me back several minutes later. He had performed a search on my name after our initial conversation and my refuting his comments that the matter complained of was not an offence in law.

8. That his call back to me amounted to harassment and intimidation. His manner during this second call was offensive, uncivil and harassing. Having tried to “cuff / shonk the job off” only to be confronted by a member of the public who knew the law put his fragile and delicate nose out of joint.

Most police officers have exceptionally fragile egos and cannot bear not to have the last word on something. As sites such as the exceptional. ://crimebodge.com show (especially I would recommend their YouTube channel) this can often lead to violence and assault from the officer if a member of the public stands their ground.

9. That the officer concerned did this solely for the purpose of causing harassment, vexation and distress. On the second call he refused to give his name or service number when asked which is usually indicative of an officer misconducting himself. South Yorkshire Police have plenty of form for this. Ask the miners who were at The Battle of Orgreave: SYP removed their epaulets displaying service numbers so they couldn’t be subject of individual complaints.

South Yorkshire Police are internationally famous for violence and criminal negligence.

That overall the standard of conduct in relation to this matter was sufficient to cause loss of professional reputation, such as it is, for the force. Overall the behaviour described above gave the impression of South Yorkshire Police as being inept, incompetent and evasive.

Later that day is I rang again. This time to make a formal complaint. The College of Policing Code of Ethics has a series of guidelines which had each been breached in the police’s handling of this matter. Not least of these are those related to courtesy and respect. https://www.college.police.uk/What-we-do/Ethics/Documents/Code_of_Ethics.pdf

I was told I would be called back in a few days. However again there was no response.

This matter relates to the following issues in the College of Policing Code of Ethics:

1. Authority, respect and courtesy.

2. Duties and responsibilities.

3. Conduct.

I emailed Professional Standards Department at South Yorkshire Police a few weeks later. The response was initially in terms of my complaint call of a few weeks earlier and stated:

Unfortunately, we are unsure as to who the officer was who spoke with you…

This suggests that the admin systems at South Yorkshire Police are not robust enough or else that they’ve already tried to evade examination of the complaint in the same way as they avoided examination of the original report of a crime. The comment is also vague: do they mean the misconducting officer I spoke to at around around lunchtime or the one spoken to to enter the complaint at 18:30 on the same day?

But it gets worse:

In relation to the online complaint form this does not a appear to have been received by us.

So an additional copy was attached to the response. Neither the original web form reporting a criminal offence nor the complaint form sent by email were received by the force. How many others have been similarly missed by them?

By this point some three weeks had elapsed since this complaint form was sent in to Professional Standards Department and their sobriquet was looking further and further misapplied. The South Yorkshire Police webform auto-generates a copy of the complaint for the public so it is unlikely that a copy was not sent to PSD. The comments they made about not receiving a copy are likely bunkum.

They stated:

If you would like to reply to this email with your initial complaint, we will pass it for assessment and ask our assessors to look into it asap.

So this created a further issue to the complaint: that failure to record the initial complaint call made around 18.30hrs in the evening to SYP via 101 amounts to a further breach of duty. A copy of this call will have been recorded on the Airwave system, which records all incoming and outgoing calls from police stations.

The failure to properly action the issues raised by phone in the evening call amounts to an effort to evade dealing with the complaint from an early stage. The “loss” of the follow up complaint form to PSD is a further effort in this direction.

Matters have now been before Professional Standards Department at South Yorkshire Police for two months without visible progress.

The whole fiasco makes SYP look doubly incompetent in their behaviour in failing to action the original webform, then “cuffing off” the job on the phone.

Then they fail to record and action the complaint made from 18:30hrs on the same day and further claim a follow up communication on the complaint was “lost”.

Heaven help people who actually live in South Yorkshire when it comes to reporting crime or making a complaint to SYP. Because the force’s systems are clearly set up to avoid having to deal with either.

November 18, 2020November 21, 2020

West Yorkshire Police: COVID-19 Super-Spreaders?

Presently the East Yorkshire city of Kingston Upon Hull has the highest COVID-19 rates of infection in the UK. The virus appears to be running rampant in the city causing a significant numbers of deaths.

The Guardian has quoted local Hull resident Gavin Storey in an article published this week. The original article can be found at:

https://www.theguardian.com/world/2020/nov/18/gypsyville-hull-most-deprived-and-covid-infected-suburbs-in-england

It states that Storey thinks it suits the ruling class have let the virus run riot through deprived communities like his. He says:

“It seems like they are trying to get rid of us. That way when it’s over they won’t have to spend so much money around here. Let the kids go to school, spread it to their parents and then let them all die. Most of the people in the country who are on benefits will be dead.”

Twitter users react to Mr. Storey’s comments in the article.

This all got me thinking about the initial wave of the pandemic to hit the UK in spring 2020.

According to information passed over to me in a conversation in spring 2020 from one of Leeds’ top criminal defence solicitors West Yorkshire Police were arresting and pulling suspects in for questioning with an urgency and speed which was quite at odds with the nature of a lethal pandemic and the requirement for people to self isolate.

Those arrested were not given masks and at that point before the end of the first lockdown self-sourced PPE was not commonly owned like today. The overall idea at that point was to protect by keeping your distance from others which makes the arrests carried out seem even more bizarre. Command Teams must have been aware of the risk of police stations as focal points for the spread of the virus. Frontline officers were of course given PPE but of dubious effectiveness which had been sold to the force, desperate to be seen to protect officers, as a “job lot”.

This is also unusual behaviour for a force which remains in financial dire straights considering the potential costs of increasing the pace in ongoing investigations.

Indeed I was told that at that time even people who had been released under investigation for a long period and who had no notification of progress on potential charges were being re-arrested and brought in for interview.

UK police tend to be toxic at the best of times.

In the same way as Mr. Storey thinks schools are being used to spread COVID-19 in deprived communities the sudden urge of West Yorkshire Police to pull in suspects for interview in the initial wave of a lethal pandemic seems… unsettling.

Were these actions part of a deliberate policy to assist the virus to spread in deprived communities?

Is this too outlandish an idea? Then consider also that in spring 2020 the elderly and frail were discharged from hospitals into care homes without adequate screening to ensure they were not infecting others.

The initial Government policy on the virus was to let it run through the population. This was the planning in the early stages of the UK’s response until SAGE, the Government’s scientific advisory group, suggested this strategy would lead to potential UK deaths of up to 250,000. This initial discredited strategy meant excess deaths through the initial lockdown coming too late. It is known that former Government advisor Dominic Cummings is a eugenicist who employed another advisor for a short period in February 2020 before that person’s past writings in eugenics were made public leading to their dismissal.

In every one of multiple other respects the UK’s response to the pandemic was lethargically slow and inept. This situation continues to this day.

The idea then that there has been purpose in the UK’s handling of COVID-19 has some merit. That the initial plan to allow the virus to rip through the population is still in play but not stated openly as a matter of State policy.

It is likely then that people with either criminal records or suspected of committing a criminal offence have been considered in the same light as the fail and elderly: a potential burden to society and something best gotten rid of. That the virus provides (to the State) a convenient ability to do just this.

I know of one clear instance of West Yorkshire Police officers attending at a suspect’s home without masks or PPE in May despite being aware of a vulnerable person being present at the home. Breaking subject access request laws the Right of Access Department at West Yorkshire Police have failed to release body worn video footage of this incident showing officers attending without PPE.

The theory that West Yorkshire Police were actively pulling in suspects in an attempt to spread Coronavirus around is just a theory.

But it’s a theory that does seem to fit into the overall approach of the authorities towards the virus from the inept Test and Trace system to Eat Out to Help Out. All of these have assisted the virus to move through the poorer sections of the population to the point where we’ve ow reached the second point of national lockdown within one year.

In South Korea there have so far been less than 600 deaths from COVID-19. Britain has (at a low estimate) 60,000 to date.

November 13, 2020November 14, 2020

Reign of Terror: The Long Shadow of the Yorkshire Ripper

The recent death of Peter Sutcliffe (a man dubbed in the media as The Yorkshire Ripper) presents a practical public-relations problem for West Yorkshire Police. It again raises the spectre of how Sutcliffe was able to kill so many people for such a sustained period. The answers make uncomfortable truths for that force.

West Yorkshire Police’s failure to catch Sutcliffe in what was one of the UK’s biggest manhunts plays a significant part in their present international reputation as a force beset by incompetence and corruption. It is a reputation with considerable justification.

Sutcliffe was not blessed with high intelligence enabling him to evade capture. Nor was he the popular fiction version of a serial killer: a creature of almost animal cunning and divine luck. Granted he was aided considerably in his activities by the relative infancy of forensics in the late 70’s. But this does not tell the whole story.

For the most part the reason Sutcliffe was able to carry on killing was down to long-identified administrative and operational failures on the part of the police. He is known to have been interviewed several times by officers in the course of their investigations but each time was discounted for further investigation. Other operational errors are known to have included an excess of paperwork generated in the course of the investigation. Detectives were hindered rather than helped by the weight of data generated and the primitive storage of such.

I would argue another failing contributed to the deaths of thirteen women. This is that police officers both at the time and now have a particular mindset which pre-disposes them towards both a closed minded approach to investigations and a form of “tunnel vision”. This comprises some of the issues I’ll discuss below.

Personal characteristics

To start with it’s popularly said that a Yorkshireman is a particular sort of stout character. Gruff, uncommunicative and 100% convinced he’s right in the face of all opposing evidence. Bluff and stiff-necked. The Harry Enfield comedy version of a Yorkshireman isn’t far from the mark. You know as well as I do the popular stereotype. For some reason beyond my capacity to fathom West Yorkshire Police provides a home to people very much of this mindset: there is a poisonous organisational culture which incubates some undesirable personality characteristics.

Consider the absolute certainty with which the senior officer in the Sutcliffe investigation, George Oldfield, was sure the killer was the voice on the Weirside Jack hoax tape is a tragic example of this unwillingness to admit to error once a set path has been taken. In the police both of the 70’s and today face-saving is also a strong motivating force. Especially so when consistent underperformance or failure are likely to result in downgrade to civilian worker status.

A former Australian Director of Public Prosecutions Nicholas Cowdry produced a book called “Getting Justice Wrong” in which he argued that tunnel-vision on the part of officers (…he must have done something even if we can’t get him on what we’ve arrested him for!) plays a significant part in police failures. Tie this into the inability to admit to errors being make and you’ve an already toxic mix.

The “right” sort of victim

Sutcliffe’s first few murders were women largely at the margins of society. It is only with his killing of Jane Macdonald, a shop worker, in 1977 that the investigation increased in speed and urgency. This was partly in response to media pressure. But police then and now categorise crimes reported to them in an internal value system based partly on the perceived “worth” of the victim in society (socio-economic status etc). Sutcliffe attacked a young woman outside of Bradford in 1974 who sustained horrific injuries but police handling of the complaint and their investigations were at best suboptimal. The same occurred later when he attacked a lady who was a member of the BAME community in Leeds. Her complaints were “cuffed off” (to use the current parlance of West Yorkshire Police) rather than investigated. it is likely because of her background and low educational attainment that she was not considered a significant enough figure for her complaint to be deemed “worth” investigation.

Presented without comment. BBC News report on the day Sutcliffe’s death was announced.

The “right” sort of crime

Easy to solve crime is preferred. Especially if it’s hitting targets or addressing an issue of public concern. More complex investigations are likely to be shunned on the basis of the time, expenditure and difficulty of prosecuting successfully. Then and now police have one eye on the crime statistics and are more likely to address issues of public concern based on recent media exposure of such crimes. There’s a reason The Serious Fraud Office are so notoriously unsuccessful despite The City of London being rampant with financial corruption. In the matter of the Sutcliffe investigation it is arguably only when he began to operate outside of the red light areas from 1978 onwards that the police ramped up efforts due to increased public concern. This public concern increased again from 1980 onwards.

Conclusions

Ultimately Sutcliffe was caught by sheer luck and the most basic of police work.

He was picked up by uniformed constables from South Yorkshire Police in a situation in which he was likely preparing to kill again. Having disposed of his weapons behind a toilet cistern under the pretext of needing to urinate it is the quick-thinking of a South Yorkshire PC which led to the discovery of the weapons and the eventual confession of Sutcliffe that he was the killer.

The hugely expensive and lengthy investigation by West Yorkshire Police had been an excruciating waste of time and money. Arguably by tying itself in knots by a combination of weak administration and blinkered mindset the investigation had allowed Sutcliffe to carry on killing.

Serial killers are thankfully exceptionally rare and unusual. The advances in forensic technology and other policing methods in the forty nine years since he was caught render another Yorkshire Ripper type of killer thankfully even less likely.

However a weak spot remains in the mindset and attitude of police officers as I have discussed. Then and now significant barriers exist in investigations due to habits it’s almost impossible for police officers to break. This is partly fostered by an inherited organisational culture and thus will remain with us for some time yet.

November 13, 2020November 13, 2020

The ICO: Keeping Your Personal Data Safe?

Brief post for today. Well a brief post by the standards of this blog!

In yesterday’s blog post one of the themes touched upon was how The Ministry of Justice had sent data in error to a third party. This was a serious breach of the data subject’s rights and potentially quite dangerous to the data subject as MoJ shared the subject’s name, address, date of birth and financial details.

The post discussed the attempts The Ministry of Justice made to get back at the accidental recipient of this data which included a false complaint to police to ensure he was arrested, although fully aware police would not be able to bring charges as no offence had taken place.

Elizabeth Denham, UK Information Commissioner

The Information Commissioner’s Office (ICO) is a quasi-Governmental organisation reliant on public funding. Their stated aim is to enforce data access rights of people in the UK and also to adjudicate on data protection issues: in other words to monitor that your personal data held by companies and Government organisations is kept safe.

So we can naturally expect ICO to fully comply with data protection legislation and be extra specially careful with their own handling of other people’s data.

Can’t we?

In a delicious piece of timing just after I’d written yesterday’s blog post about The Ministry of Justice emailing data to the wrong person ICO go and do the same by sending a letter in error to me which was intended for a third party, just like the error MoJ made!

I have of course deleted the email address of the intended recipient of this letter.

It seems that Dacorum Borough Council also suffers from the problem of email incontinence as they appear to have sent the intended recipient of the ICO letter some information despite claiming an apparent exemption over the data sent!

The ICO letter states:

I am aware that the council inadvertently provided you with the requested information.

Significantly the letter also states the grounds for the council attempting to withhold this data (but clearly not managing to) were under section 31 – that is a claimed exemption from disclosure as the data is related to law enforcement.

One might hope the ICO takes appropriate action against itself for this data breach.

In all honesty I wouldn’t hold my breath.

ICO’s present logo. Strange use of lower case letters and an inappropriate full stop.

Like many of the UK’s regulatory bodies such as The Parliamentary and Health Service Ombudsman or The Local Government Ombudsman the ICO has selective blindness in relation to even large scale and ongoing breaches of GDPR and The Data Protection Act.

Ultimately the best most complainants can hope for is a letter from the ICO informing them that their complaint has been upheld and that ICO will keep a record of the data protection concerns logged regarding the data controller complained of. This does not of course produce the data that has been requested! Occasionally ICO will assist by instructing the data controller to supply data if it is being clearly withheld. However if the data controller is sufficiently obstreperous there exists enough “trapdoors” in the relevant legislation that a (often misapplied) exemption will be used to avoid supply of the data.

The efforts organisations used to evade production of data include the mishandling of applications such as considering a subject access request for personal data as if it were a Data Protection Act request and so rejecting it without giving sufficient grounds to the requester. A further trick is to label everything as the personal data of a third party and thus exempt from disclosure: on this basis large scale parts of any data disclosed can be redacted (meaning blanked out).

In these circumstances ICO becomes like a turtle placed on its back: it spins around to no real effect.

Let’s look at the wider picture. A key thing to recall about most of the non-departmental public bodies supposed to supervise how the law or organisations work in Britain is that they rarely do. These supervisory bodies often exist instead to confirm the decisions made by the lower organisation or as a way to diffuse complaints safely and without litigation. Having said this ICO is better than most and does occasionally pursue misconducting organisations through the courts. But due to the pressure of time and resources they also habitually pursue only those organisations who have committed a blatant breach of the law which has been made public, or who would be less likely to defend themselves in court and thus drive up ICO’s expenses. The majority of the fines issued in successful judgments are not paid.

One example of this willingness to turn a blind eye on the part of ICO: a 2017 significant data breach by the NHS involving some 50,000 patients medical records – the largest loss of data in NHS history – was not prosecuted by ICO. This is a matter I will comment on in detail in a blog another day.

November 12, 2020November 12, 2020

Malfeasance at the Office of West Yorkshire Police and Crime Commissioner

The West Yorkshire Police and Crime Commissioner is Mark Burns-Williamson, a largely gaff-prone failed politician. Heaven knows there’s sufficient data out there in the public domain to show that by any stretch of the imagination the man is unsuited to any role requiring public trust.

My favourite one details how he sent an inadvisable letter in a “love triangle” which would ordinarily have rendered him open to criminal prosecution. This was however covered up by West Yorkshire Police’s (then) DCI Simon Bottomley leading to the eternal gratitude of Burns-Williamson to the force he is supposed to scrutinise.

It also appears his office is prepared to manipulate and ignore facts to protect the very organisation it should be holding to scrutiny.

This blog entry tells the story of one such incident.

Burns-Williamson demonstrates the degree to which he hold the local force to scrutiny.

In May 2020 The Ministry of Justice’s Data Access Office sent data to a person (who we will call the recipient) in error.

This data was information on a third party who lived in the London area. This amounted to a serious data breach as the disclosure included the subjects name, address, date of birth and bank account details etc. as well as other disclosures regarding a series Proceeds of Crime Act proceedings against the data subject.

The recipient of the data informed The Information Commissioner’s Office and The Ministry of Justice as well as the data subject whose information had been disclosed. He also posted regarding this on Twitter but did not reveal any confidential information in so doing.

Data Access at MoJ requested the recipient remove the mocking tweet. The recipient of the data refused citing his freedom of expression under The Human Rights Act and that no offence in civil or criminal law had been committed by the tweet.

Three days later the recipient of the data was arrested at his home by West Yorkshire Police on the basis that he had breached The Data Protection Act. The allegation being that he had shared the confidential data sent to him in error on Twitter.

This was palpably untrue as an examination of the tweet would have confirmed. However police did not examine the tweet for themselves but took it “on trust” from MoJ that a supposed offence had taken place. Of course it hadn’t but MoJ were burning with indignation that a serious data security error had been made public and to their official regulator on data matters the ICO.

Police were aware that no offence had occurred.

The bar for arrest for any offence is set very high as recent cases such as Rachid v. The Chief Constable of West Yorkshire Police (2020) show. Instead police took it on trust from The Ministry of Justice that an offence had occurred in a situation in which the Security Manager for MoJ’s correspondence (seen by this blogger) reveals his desire to give the recipient “a nasty shock”.

The recipient’s home was entered by police on his arrest. In the middle of the Spring 2020 pandemic a vulnerable family member who was shielding was subject to interaction with police who did not wear PPE or take any form of precautions regarding introducing COVID-19 infection into the home. Electronic devices were removed and the home was ransacked in the search. The officer leading this was PC Alan Jackson. Police actions amount to trespass to property (since there were no reasonable grounds for arrest) alongside trespass to goods and wrongful arrest.

The home of the recipient of data was raided by police without PPE in the middle of the spring pandemic.

Predictably no charges were brought. Emails seen between the Officer in Charge (OIC) and The Ministry of Justice reveal MoJ immediately loose interest when the recipient was arrested which fits in with the prior email claiming MoJ wanted to give him a nasty shock. No further action resulted to the recipient from either Police or MoJ.

A complaint was duly made by the recipient to West Yorkshire Police Professional Standards Department (PSD). Their internal investigation under The Police Reform Act 2002 confirmed – but only internally to the police – that the arrest was wrongful on the basis that WYP had not seen or been provided by MoJ with any indication that a criminal offence had taken place. Other aspects of the complaint made were ignored by PSD and not investigated.

An organisation such as West Yorkshire Police which has an international reputation for both corruption and incompetence needs to be able to head off complaints and minimise them early on. The investigation concluded in a document called an Assessment and Progress Log that there had indeed been no reasonable grounds for arrest, therefore logically the arrest was unlawful. This document was an internal document not for public or complainant’s consumption.

Police of course cannot admit that they have erred to the complainant. It opens the door for civil action for wrongful arrest and payment of compensation. It also amount to loss of professional reputation.

Thus the results of the PSD investigation which were presented to the complainant in August 2020 were totally at odds with the actual true findings of the investigation. The official line was that nothing untoward had occurred and that the arrest was legitimate: the unseen internal report stated quite the opposite. A copy of this report has since been obtained from WYP and examined.

If you find that the above shocks you then I would respectfully point out you may have little experience of the police complaints process and the extent to which it seeks to hide the conduct of misconducting and underperforming officers.

The complainant found some 21 issues with the PSD investigation response which were either suboptimal or evaded examination of the facts. Of course if you’re prepared to commit mendacity on such a scale as a police complaints office then it’s best to keep any communication simple. The response provided by PSD’s Vicky Silver was clearly exceptionally evasive and the errors in it were manifest.

Police Professional Standards Departments go to any length to dismiss valid complaints.

The complaint was progressed as an appeal to The Office of The Police and Crime Commissioner for West Yorkshire, this being a body with supposed oversight of the local force. Karen Gray at PCC was tasked with the examination of the appeal.

It is a basic element of any investigation that the investigator should have access to all of the data available to be able to reach a reasoned conclusion. This is common sense. In the course of the PCC’s investigation they either failed to obtain copies of documents such as the PSD Assessment and Progress Log or else were provided with a copy of the relevant data but chose to ignore it in favour of a rubber-stamped approval of the earlier PSD investigation.

Thus the office of West Yorkshire Police and Crime Commissioner have shown themselves to be either as throughly dishonest or professionally incompetent as the police force they are supposed to supervise. Further they are prepared to support the local force in their dishonesty.

A further complaint was made regarding the failure of the PCC to obtain all relevant data meaning that the Karen Gray investigation was fundamentally flawed. This was responded to more recently by PCC’s Jane Owen who has stated that Karen Gray could not have been aware of the Assessment and Progress Log on the basis that it was produced after the conclusion of the original PCC review.

However the document in question from PSD is dated 5.6.20.

Therefore it was produced BEFORE the complaint was referred to PCC by around two months. The response that it was not available in the original PSD investigation is therefore an outright lie.

It is of course inconceivable that an investigation properly conducted would not have requested a copy of, assessed and examined the PSD Assessment and Progress Log which was in existence by this point and therefore PSD’s position that Karen Gray had access to all of the required documentation to enable correct conclusions is not only incorrect but also deliberately misleading.

The essence of the complaint to PSD regarding wrongful arrest etc. was proven – as that office was well aware – by 5.6.20.

All subsequent efforts of PSD and the office of the PCC for West Yorkshire have sought to bury the facts under an increasing mound of guff and nonsense.

PSD chose to issue a response completely opposite to the facts they had themselves established and The Office of The Police and Crime Commissioner has assisted them in this cover-up and continues to do so.

In a desperate final attempt to avoid further scrutiny Jane Owen writes:

I have concluded that you have used the Office of the Police and Crime Commissioner’s complaints process to try and change the outcome of your complaint… and the subsequent review undertaken by this office but – in line with the statutory guidance that has been issued that sets out how reviews have to be handled – you do not have a further right of review

Is it any wonder that both West Yorkshire Police and The Office of the Police and Crime Commissioner have such a poor reputation both locally and nationally?

Certainly both are prepared to bend the truth into impossible angles to avoid any admission of error or loss of professional reputation. Perversely this ends up in a situation as described above in which loss of face and reputation end up occurring both from the original issue and the labyrinthine efforts made to conceal it.