The complainant requested information about alleged criminal offences arising from a third party’s employment tribunal. Northumbria Police refused to provide the requested information, initially citing section 21 of FOIA, (information reasonably accessible by other means) for part one of the request and 30(2)(a)(i), (criminal investigations and proceedings) for the second part of the request. However, during the course of the Commissioner’s investigation, Northumbria Police confirmed it no longer wished to rely on section 30(2)(a)(i) in respect of part two of the request, instead citing section 30(1)(a) of FOIA. The complainant is only concerned with the information withheld under section 30(1)(a). Having considered its application of section 30(1)(a), the Commissioner’s decision is that Northumbria Police was entitled to rely on that exemption to withhold the requested information. However, by relying on this exemption which it had not mentioned at or before the internal review, Northumbria Police has breached section 17(1) of FOIA. The Commissioner does not require Northumbria Police to take any steps as a result of this notice.
FOI 30: Complaint not upheld
Citations:
[2018] UKICO fs50708236
Links:
Jurisdiction:
England and Wales
Information
Updated: 24 October 2022; Ref: scu.617520
