PC Mark Jones & Jodie Evans Misconduct Process

Reference: 17009

Date Added: Tuesday, May 30, 2017

Category: Miscellaneous

Disclosure Details

Question

 

In December 2015, two officers were dismissed without notice following a disciplinary hearing. In October 2016 an appeal tribunal overturned the decision.

Please can you provide me with the following information by return email:

- A transcript of the original disciplinary hearing
- Any written decision or reasons issued by the original panel
- The officers\' notice(s) of appeal
- A transcript of the appeal hearing
- Any written decision or reasons issued by the original panel
- The current status of the case, which I understand was remitted for rehearing

Since the above details are all freely available on your website, and all the hearings took place in public, I presume there will not be any difficulties with privacy.

 

Answer

 

Two duties are placed on public authorities under Section 1 of the Freedom of Information Act 2000 (FOIA). Notwithstanding applicable exemptions, the first duty at, Section 1(1) (a), is to confirm or deny whether the information specified in a request is held. The second duty at, Section1 (1) (b), is to disclose information that has been confirmed as being held.

Under the provisions of those sections of the FOIA, we can confirm that the information you seek is held by the Office of the Police and Crime Commissioner for Gwent. Please find responses below.

This email is to inform you that we are not obliged under Section 40(2) of the FOIA to provide information that is the personal information of another person if releasing it would contravene any of the provisions of the Data Protection Act 1998 (DPA) therefore this refusal notice is issued under Section 17. Your request would contravene the first principle in the DPA “Personal data shall be processed fairly and lawfully”. I do not feel that the individuals in question would reasonably expect their information to be disclosed in this way and therefore it would be unfair on them to do so, especially as the information is disclosed to the wider public not just the specific requester.
Although there is information on the Police and Crime Commissioner’s website regarding the tribunal, the information provided is limited to generic details and other than the officer names does not disclose any specifics of the case.