The complainant has requested a murder file from the Metropolitan Police Service (the ‘MPS’). The MPS would ‘neither confirm nor deny’ (NCND) holding the information citing sections 30(3) (Investigations and proceedings), 31(3) (Law enforcement), 38(2) (Health and safety) and 40(5) (Personal information) of FOIA. The Commissioner’s decision is that the MPS was not entitled to rely on the exemptions cited. The Commissioner requires the MPS to confirm or deny whether the requested information is held. If information is held, it should either be disclosed or the MPS should issue a fresh refusal notice in compliance with section 17 FOIA.
FOI 31: Complaint upheld FOI 40: Complaint upheld FOI 30: Complaint upheld FOI 38: Complaint upheld
Citations:
[2022] UKICO 162912
Links:
Jurisdiction:
England and Wales
Information
Updated: 21 January 2023; Ref: scu.683179
