Internal complaints of bullying

Summary

A request for statistics on internal bullying, discrimination, and harassment complaints within the Isle of Man Constabulary from 2012 to 2017 was partially refused because no central register existed prior to April 2017 and releasing specific data could identify individuals.

Key Facts

• The Constabulary did not maintain a register of bullying or discrimination complaints until 1st April 2017.
• Civilian staff are employed by the Public Services Commission, so their complaint data is not held internally by the Constabulary.
• Searches of Officer Personnel records failed to locate the requested historical information.
• The authority stated that releasing the data could identify individuals, violating privacy protections.
• The Constabulary claims instances of such grievances are extremely rare.

Data Disclosed

• 24th April 2017
• 1st January 2012
• 23rd April 2017
• 1st April 2017
• 2nd May 2017
• 8th June 2017
• 2017-08-04
• 7 pages
• 1 document

Exemptions Cited

• Freedom of Information Act 2015 does not extend to personal data or data where it may be possible to identify individuals
• Need to maintain confidence in the system to allow individuals to come forward with their anonymity preserved

Data Tables (1)

Full Response Text

MEOIRYN SHEE-ELLAN VANNIN

,·i ....... . •:··-··:·: . :>.r· '' . , ' 2nd May 2017 ISLE OF MAN CONSTABULARY Freedom of Information Dear I write in connection with your request for information dated 24th April 2017 which was received by this office on 24th April 2017. I note you seek access to the following information: 1. For each calendar year commencing 1st January 2012 including the current calendar year up to and including 23rd April 2017 date how many claims of: a. Bullying, b. Discrimination, c. Harassment and/or d. Victimisation were made by members of the Isle of Man Constabulary (including officers of the Special Constabulary) and civilian personnel working for the Constabulary against members of the IOM Constabulary (including the Special Constabulary) and civilian personnel working for the Constabulary? 2. Of these, in relation to the complainants, how many were: a. Officers of the rank of Constable, b. Officers of the rank of acting or substantive Sergeant, c. Officers of the rank of acting or substantive Inspector or above, d. Officers of the Special Constabulary, e. Civilian employees? 3. In relation to 1 above how many were complaints made against: a. Officers of the rank of Constable, b. Officers of the rank of acting or substantive Sergeant, c. Officers of the rank of acting or substantive Inspector or above, d. Officers of the Special Constabulary, e. Civilian employees? . ! . ./Tvw<-etbc,atlOM hA f bl,OfM.lrCoosta>lAa·y -m WN"'.f0'11p011Ce,lm r INVESTORS 1 __) IN PEOPLE Charnp1on 4. In relation to 1 above how many of the complaints were: a. Upheld, b. Dismissed, c. Resolved after recourse to mediation prior to an investigation being concluded, d. Remain under investigation? This is to inform you that I cannot identify any specific records or documents held by the Isle of Man Constabulary that will satisfy your request based on the details that you have provided. To locate the information relevant to your request, searches were conducted within the Professional Standards and Organisational Development Department. Professional Standards and Organisational Development Department have confirmed that up until 1 st April 2017 this is not held. Until April 2017 it was not the Policy of the Constabulary to maintain a register of such matters. Work to modernise fairness at work procedures led to the decision to manage and monitor such matters in line with Misconduct and Unsatisfactory performance processes. As a result full reviews will now be held. Matters that have been dealt with prior to April 1st 2017 were dealt with locally in line with the policies at the time. The Constabulary, upon reviewing its processes up until 1 st April 2017, considered that it was not acceptable that it could not define where and when this information was held. Searches in respect of this FOI Request extended to Officers Personnel records and it was found that this information was not located in either area. Civilian staff are employed by the Public Services Commission rather than the Constabulary, so this information would not be held internally. The Freedom of Information Act 2015 does not extend to personal data or data where it may be possible to identify individuals. The Constabulary considers that the release of such information may identify individuals who have made such reports and the Constabulary considers that it must maintain confidence in the system to allow individuals to come forward with their anonymity preserved. The Constabulary has always taken its approach to such matters seriously and would state the fact that it is not able to provide the information in any meaningful manner is not an indication of the views of the Constabulary on the subject. The Constabulary states that instances of reports of such grievances and bullying are extremely rare and the Constabulary is a learning organisation which seeks to benefit from learning in such instances where they occur. Freedom of Information Officer r INVESTORS 1, ,  _ . ; . ) IN PEOPLE ,, '" : ,:).o Should you have any further inquiries concerning this matter, please contact me quoting my reference number as above. Complaints If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by E mail to PoliceFOl@gov.im or by delivery/post to The Freedom of Information Officer, Isle of Man Constabulary, Dukes Avenue, Douglas, lM2 4RG. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. Complaints If you are not satisfied with the service you have received in relation to your request and wish to make a complaint or request a review of our decision you should write to the Head of Information Management, Information Management Department, Isle of Man Constabulary, Police Headquarters, Dukes Avenue, Douglas, ISLE OF MAN, IM2 4RG. If you are not satisfied with the outcome of your Force complaint or review, you may apply directly to the Isle of Man Information Commissioner, 1st Floor, Prospect House, Prospect Hill, Douglas, ISLE OF MAN, IM11ET. ;:i., qTwcctballOM B. _f bi, OIM.,, CorSIJ>Lla•y
E:J WNl'l.loirc>Ollte.1m r 1NvEsroRs 1 .. _ __) IN PEOPLE <, . C MEOIRYN SHEE-ELLAN VANNIN ISLE OF MAN CONSTABULARY Freedom of Information 8th June 2017 Dear Thank you for your patience in respect of the internal review concerning the above FOI Request dated 24th April 2017 and subsequent communication: 1. For each calendar year commencing 1st January 2012 including the current calendar year up to and including 23rd April 2017 date how many claims of: a. Bullying, b. Discrimination, c. Harassment and/or d. Victimisation were made by members of the Isle of Man Constabulary (including officers of the Special Constabulary) and civilian personnel working for the Constabulary against members of the IOM Constabulary (including the Special Constabulary) and civilian personnel working for the Constabulary? 2. Of these, in relation to the complainants, how many were: a. Officers of the rank of Constable, b. Officers of the rank of acting or substantive Sergeant, c. Officers of the rank of acting or substantive Inspector or above, d. Officers of the Special Constabulary, e. Civilian employees? 3. In relation to 1 above how many were complaints made against: a. Officers of the rank of Constable, b. Officers of the rank of acting or substantive Sergeant, c. Officers of the rank of acting or substantive Inspector or above, d. Officers of the Special Constabulary, e. Civilian employees? 4. In relation to 1 above how many of the complaints were: a. Upheld, b. Dismissed, c. Resolved after recourse to mediation prior to an investigation being concluded, d. Remain under investigation? A review was conducted by Chief Inspector today and I can add that the Constabulary is aware of one case which has occurred since 1st April 2017. The Constabulary is applying an exemption under section 11 of the Freedom of Information Act 2015 on the grounds that a practical refusal reason applies, namely we do not hold or cannot, after taking reasonable steps, find the information that you request. The Constabulary undertook searches of relevant areas and has applied a review. Your right to request a review If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2 Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your rights to review is on the Information Commissioner’s website at: https://www.inforights.im/ Should you have any queries concerning this letter, please do not hesitate to contact me. Yours sincerely Freedom of Information Officer MEOIRYN SHEE-ELLAN VANNIN ISLE OF MAN CONSTABULARY Freedom of Information 15th August 2017 Our Ref: IM852891 Dear As you are aware the Information Commissioner has given a direction to the Constabulary: To the extent that the Chief Constable holds the information requested for the period 1 - 23 April 2017, the Chief Constable must, within 30 days of the date of this Decision Notice, disclose the information requested to the review applicant. I have made enquiries with our Profession Standards Department and the results are that one 'Fairness at Work Grievance' was registered in the PSD Office, to answer the FOI request the Constabulary will use the same numbering as the applicant: 1. Claims received between 1 stand 23rd April 2017 a) Bullying O b) Discrimination 1 c) Harassment and/or 0 d) Victimisation 0 2. In relation to the complaints, how many were: a) Officers of the rank of constable 1 b) Officers of the rank of acting or substantive sergeant O c) Officers of the rank of acting or substantive Inspector or above O d) Officers of the Special constabulary O e) Civilian employees 0 V' f INVESTORS j Champion
8 IN PEOPLE -'-l' 3. In relation to 1 above how many were complaints made against: a) Officers of the rank of constable O b) Officers of the rank of acting or substantive sergeant 1 c) Officers of the rank of acting or substantive Inspector or above O d) Officers of the Special constabulary O e) Civilian employees O 4. In relation to 1 above how many complaints were: a) Upheld O b) Dismissed 1 c) Resolved after recourse to mediation prior to an investigation being concluded O d) Remain under investigation O I trust that answers your question but if there is anything else that the Constabulary can assist you with please let me know at the address above. Yours sincerely Freedom of Information Officer

'

 '\ INVESTORS I J IN PEOPLE Champion