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V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 2012

The claimant complains about the police’s continued retention of information relating to him on the Police National Computer, retention which is said to be in breach of his rights under Article 8 of the European Convention on Human Rights. Judges: Richards LJ, Ouseley J Citations: [2012] EWHC 3430 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 2012

Gwent Police (Police and Criminal Justice): ICO 23 Feb 2022

The complainant requested copies of emails which had been sent to certain domains. Gwent Police initially stated that the information requested was exempt under section 40(2) (Personal information) of the FOIA. In its internal review, Gwent Police applied section 12 (Cost of compliance) to the request. During the Commissioner’s investigation Gwent Police withdrew reliance on … Continue reading Gwent Police (Police and Criminal Justice): ICO 23 Feb 2022

Northumbria Police (Police and Criminal Justice): ICO 5 Oct 2021

The complainant requested information about particular fraud reports and associated fraud charges. Northumbria Police refused to provide the requested information, citing section 12(1) of FOIA (cost of compliance), as to do so would exceed the appropriate cost and time limit. Although Northumbria Police revised its cost estimate during the course of the Commissioner’s investigation and … Continue reading Northumbria Police (Police and Criminal Justice): ICO 5 Oct 2021

Greater Manchester Police (Police and Criminal Justice): ICO 2 Feb 2022

The complainant has requested from Greater Manchester Police (‘GMP’) information about a meeting. Having initially advised the complainant that the requested information was not held, during the Commissioner’s investigation GMP located and disclosed some information; some exemptions were applied but these were not queried by the complainant. The Commissioner’s decision is that GMP breached section … Continue reading Greater Manchester Police (Police and Criminal Justice): ICO 2 Feb 2022

X, Regina (on The Application of) v The Chief Constable of Y Police and Another: Admn 27 Feb 2015

‘The first defendant . . applies for an order that certain police records relating to the claimant (‘X’), a man aged 32, should be withheld from disclosure in these proceedings on the grounds of public interest immunity (‘PII’).’ Judges: Philli[ps J Citations: [2015] EWHC 484 (Admin) Links: Bailii Jurisdiction: England and Wales Police Updated: 11 … Continue reading X, Regina (on The Application of) v The Chief Constable of Y Police and Another: Admn 27 Feb 2015

Humberside Police (Police and Criminal Justice): ICO 10 Jun 2020

The complainant has requested information about Humberside Police’s policies and procedures relating to Body Warn Video. The Commissioner’s investigation established that Humberside Police held information falling within the scope of the request which it did not disclose when responding to the request. The Commissioner’s decision is, therefore, that by failing to disclose information which was … Continue reading Humberside Police (Police and Criminal Justice): ICO 10 Jun 2020

Independent Office for Police Conduct (Police and Criminal Justice): ICO 15 Feb 2022

The complainant requested statistical information on disciplinary recommendations made against police officers, from the Independent Office for Police Conduct (IOPC). The IOPC refused to comply with the request, citing section 22 (Information intended for future publication) of FOIA. The Commissioner’s decision is that the IOPC was entitled to rely on section 22 of FOIA to … Continue reading Independent Office for Police Conduct (Police and Criminal Justice): ICO 15 Feb 2022

Hampshire Constabulary (Police and Criminal Justice): ICO 31 Jan 2022

The complainant has requested evidence considered in a police misconduct investigation which had been reported in the media. Hampshire Constabulary withheld the information, citing section 30(1) (Investigations and proceedings) and 40(2) (Personal information) of the FOIA. The Commissioner’s decision is that Hampshire Constabulary was entitled to rely on section 30(1)(a)(i) to withhold the information. However, … Continue reading Hampshire Constabulary (Police and Criminal Justice): ICO 31 Jan 2022

Ellis v Chief Constable of Grampian Police: SIC 21 Nov 2012

Ms Ellis requested from the Chief Constable of Grampian Police (Grampian Police) copies of statements held relating to the death of a named individual. Grampian Police refused to disclose the information as it related to an investigation into the death of a person and was the personal data of those who provided the statements. Following … Continue reading Ellis v Chief Constable of Grampian Police: SIC 21 Nov 2012

Crown Prosecution Service (Police and Criminal Justice): ICO 10 Jan 2022

The complainant requested information about a specified Court of Appeal case. The Crown Prosecution Service (the ‘CPS’) refused to provide the requested information. It initially cited section 40(2) (personal information), but ultimately relied on section 32(1)(c) (court records, etc) of FOIA. The Commissioner’s decision is that the CPS has properly relied on section 32(1)(c) to … Continue reading Crown Prosecution Service (Police and Criminal Justice): ICO 10 Jan 2022

Chief Constable of Bedfordshire Police (Police and Criminal Justice): ICO 27 Sep 2021

The complainant requested information relating to ‘stop and search’ activities. Bedfordshire Police provided some information but refused to provide the remainder, citing sections 24 (national security) and 31 (law enforcement) of FOIA. The Commissioner’s decision is that Bedfordshire Police has failed to demonstrate that either exemption is engaged. The Commissioner requires the public authority to … Continue reading Chief Constable of Bedfordshire Police (Police and Criminal Justice): ICO 27 Sep 2021

Northumbria Police (Police and Criminal Justice): ICO 11 Jan 2022

The complainant has requested from Northumbria Police information related to communications it held in relation to a demonstration that took place on 5 September 2020. Northumbria Police refused to comply with the request, stating that it would exceed the cost limit under section 12(1) of FOIA to do so. The Commissioner’s decision is that Northumbria … Continue reading Northumbria Police (Police and Criminal Justice): ICO 11 Jan 2022

Humberside Police (Police and Criminal Justice): ICO 17 Jul 2019

The complainant requested information about the total police hours spent in each local authority between April 2018 and April 2019. Humberside Police failed to respond to the request within 20 working days and has therefore breached section 10(1) of FOIA. The Commissioner requires Humberside Police to provide a response to the request. FOI 10: Complaint … Continue reading Humberside Police (Police and Criminal Justice): ICO 17 Jul 2019

Avon and Somerset Police Authority (Police and Criminal Justice): ICO 8 Feb 2022

The complainant has requested information about an incident in which a member of the public was seriously injured by a police dog when Avon and Somerset Constabulary (ASC) shut down an illegal rave. ASC withheld the information, citing sections 30 (Investigations and proceedings), 31 (Law enforcement), 38 (Health and safety) and 40 (Personal information) of … Continue reading Avon and Somerset Police Authority (Police and Criminal Justice): ICO 8 Feb 2022

Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

The defendant appealed against an anti-social behaviour order. He had been a journalist, and began a private newsletter and campaign alleging amongst other things corruption in the police. He complained that his article 10 rights had been infringed. Held: The order was quashed. Pitchford LJ said: ‘that separate issues arise out of these blogs. In … Continue reading Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

Clarke v Chief Constable of North Wales Police: CA 7 Oct 1997

Citations: [1997] EWCA Civ 2432 Jurisdiction: England and Wales Citing: Cited – Entick v Carrington KBD 1765 The Property of Every Man is SacredThe King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister. Held: The common law does not recognise interests of … Continue reading Clarke v Chief Constable of North Wales Police: CA 7 Oct 1997

John-Salakov v Turpey and Others, The Commissioner of Police of The Metropolis: CA 24 Jul 1997

The applicant sought damages from police officers following a raid on a public law centre. The judge had struck out some part of the proceedings. The applicant thought only part had been struck out, and entered judgment in default in respect of the rest. Held: the judge had indeed struck out the entire proceedings. The … Continue reading John-Salakov v Turpey and Others, The Commissioner of Police of The Metropolis: CA 24 Jul 1997

Kelly v Commissioner of Police for Metropolis: CA 22 Jul 1997

Some forms used by police in reports to the Crown Prosecution Service attract public interest immunity from disclosure in an action against police. Public Interest Immunity is not subject to distinction between task of investigating a complaint and of reporting an investigation. Citations: Gazette 03-Sep-1997, Times 20-Aug-1997, [1997] EWCA Civ 2160 Jurisdiction: England and Wales … Continue reading Kelly v Commissioner of Police for Metropolis: CA 22 Jul 1997

Chief Commissioner of South Wales Police (Police and Criminal Justice): ICO 24 Jan 2022

The complainant requested information from South Wales Police (‘SWP’) about policies and training concerning authorisations made under section 60 of the Criminal Justice and Public Order Act 1994. By the date of this notice SWP had not issued a substantive response to this request. The Commissioner’s decision is that SWP has breached section 10 of … Continue reading Chief Commissioner of South Wales Police (Police and Criminal Justice): ICO 24 Jan 2022

Staffordshire Police (Police and Criminal Justice): ICO 14 Jul 2021

The complainant requested information regarding the status of the post designated ‘Mental Health Coordinator’. Staffordshire Police ultimately provided the complainant with information within the scope of the request. The Commissioner’s decision is that, in failing to communicate that information within the statutory time for compliance, Staffordshire Police breached section 10(1) (time for compliance) of the … Continue reading Staffordshire Police (Police and Criminal Justice): ICO 14 Jul 2021

United Kingdom v Council (Police and Judicial Cooperation In Criminal Matters): ECJ 24 Jun 2010

Europa Exclusion of the United Kingdom from the procedure for adopting a Council decision concerning access, for consultation for police purposes, to the Visa Information System (VIS). Citations: C-482/08, [2010] EUECJ C-482/08 – O, [2010] EUECJ C-482/08 Links: Bailii, Bailii Jurisdiction: European Police Updated: 06 November 2022; Ref: scu.420201

Sussex Police (Decision Notice): ICO 16 Oct 2007

IPO The complainant made five information requests to the public authority. One file was ultimately deemed to be exempt under Section 40(1) by the public authority and it claimed not to hold the other information. The Commissioner investigated whether he agreed with the use of the Section 40(1) exemption regarding this request, and then considered … Continue reading Sussex Police (Decision Notice): ICO 16 Oct 2007

Staffordshire Police (Police and Criminal Justice): ICO 15 Jul 2021

The complainant has requested copies of problem profile assessments related to child sexual exploitation from Staffordshire Police (SP). Having initially cited section 14 (Vexatious or repeated requests) to refuse to respond with the request, SP subsequently advised that to comply with it would exceed the appropriate limit at section 12 (Cost of compliance exceeds appropriate … Continue reading Staffordshire Police (Police and Criminal Justice): ICO 15 Jul 2021

City of London Police (Police and Criminal Justice): ICO 17 Aug 2021

The complainant has requested information about services it has provided overseas from City of London Police (COLP). COLP disclosed some of the requested information but, after revising its position, withheld the remainder under the exemptions at sections 23(1) (Information supplied by, or relating to, bodies dealing with security matters) and 24(1) (National security). The Commissioner’s … Continue reading City of London Police (Police and Criminal Justice): ICO 17 Aug 2021

Chief Constable of Gwent Police v Parsons and Another (Disability Discrimination): EAT 25 Feb 2020

The Claimants were police officers in their 40s who were disabled under Equality Act 2010 and in possession of ‘H1 certificates’ which allowed them immediate access to ‘deferred pension’ on leaving the police. They left the force under the police ‘voluntary exit scheme’ (analogous to a redundancy scheme) and their ‘compensation lump sums’ were capped … Continue reading Chief Constable of Gwent Police v Parsons and Another (Disability Discrimination): EAT 25 Feb 2020

Iqbal v Metropolitan Police Service and Another: EAT 7 Sep 2012

EAT PRACTICE AND PROCEDURE – Postponement or stayThe Tribunal wrongly refused an application for postponement on medical grounds:(1) It did not have regard to medical evidence, to which the Claimant referred it and which existed within the hearing bundle, confirming that he had been diagnosed with depression, given counselling and treated with anti-depressant medication,(2) It … Continue reading Iqbal v Metropolitan Police Service and Another: EAT 7 Sep 2012

Cubells, Regina (on The Application of) v Independent Police Complaints Commission: CA 15 Oct 2012

The claimant’s mother had died in hospital. The claimant said that she had died as a result of failures by doctors, and had asked the coroner and police to investigate his allegation that she had been deliberately harmed to cover up missed diagnoses. The police obtained an independent report which said that there was a … Continue reading Cubells, Regina (on The Application of) v Independent Police Complaints Commission: CA 15 Oct 2012

DA v Strathclyde Joint Police Board: SCS 27 Jun 2012

The tribunal’s decision that the appellant had been unfairly dismissed by the respondent had been reversed at the EAT. The respondent had been allowed to withdraw a concession, and the appellant now sought to pursue a different argument. The appellant, a former police officer and latterly a training officer had a brother convicted of serious … Continue reading DA v Strathclyde Joint Police Board: SCS 27 Jun 2012

Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997

CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997

Metropolitan Police Service (Police and Criminal Justice): ICO 15 Jun 2021

The complainant requested copies of correspondence between the Commissioner of the Metropolitan Police and the Home Secretary between 1 June 2020 and 31 July 2020. The Metropolitan Police Service (MPS) had failed to provide a substantive response by the date of this notice. The Commissioner’s decision is that the MPS failed to respond to the … Continue reading Metropolitan Police Service (Police and Criminal Justice): ICO 15 Jun 2021

Dyfed Powys Police (Police and Criminal Justice): ICO 17 Aug 2021

1. The complainant requested information from Dyfed-Powys Police about a photograph containing the image of an individual. Dyfed Powys Police refused to confirm or deny whether it held the information requested by virtue of section 40(5) of the FOIA. 2. The Commissioner’s decision is that Dyfed Powys Police correctly applied section 40(5) to the request. … Continue reading Dyfed Powys Police (Police and Criminal Justice): ICO 17 Aug 2021

Merseyside Police (Police and Criminal Justice): ICO 17 Jun 2021

The complainant has requested information about a campaign Merseyside Police ran to encourage people to report hate crime. The Commissioner’s decision is that Merseyside Police failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires Merseyside Police to issue a substantive response, under … Continue reading Merseyside Police (Police and Criminal Justice): ICO 17 Jun 2021

Leeds United Football Club Ltd v The Chief Constable of West Yorkshire Police: QBD 24 Jul 2012

The court was asked whether the West Yorkshire Police are able to recoup from Leeds United Football Club the very considerable costs of public order policing and crowd control around the immediate environs of the Club premises, before and after matches, or whether they are confined to recovering in respect of special police services on … Continue reading Leeds United Football Club Ltd v The Chief Constable of West Yorkshire Police: QBD 24 Jul 2012

CC v The Commissioner of Police of The Metropolis and Another: Admn 20 Dec 2011

The claimant challenged the use against him of anti-terrorist powers to question and detain passengers at airports etc. Held: Whether the poers had been used for a proper purpose: ‘will depend on what the officers knew and why they decided to use their powers’ Judges: Collins J Citations: [2012] 1 WLR 1913, [2012] 2 All … Continue reading CC v The Commissioner of Police of The Metropolis and Another: Admn 20 Dec 2011

Thomas v Commissioner of Police for Metropolis: CA 28 Nov 1996

In an action for damages and false imprisonment, the defendant police officers sought to have introduced the claimant’s previous criminal record, which was expired under the 1974 Act. Held: The judge had been correct not to follow practice in criminal cases on such questions. The purpose of the Act in civil proceedings was to allow … Continue reading Thomas v Commissioner of Police for Metropolis: CA 28 Nov 1996

Hertfordshire Constabulary (Police and Criminal Justice): ICO 2 Aug 2021

The complainant has requested from Hertfordshire Constabulary information about someone he believes to be a police officer. Hertfordshire Constabulary would neither confirm nor deny whether it held the requested information, under section 40(5B)(a)(i) (Personal information) of the FOIA. The Commissioner’s decision is that Hertfordshire Constabulary was entitled to rely on section 40(5B)(a)(i) to neither confirm … Continue reading Hertfordshire Constabulary (Police and Criminal Justice): ICO 2 Aug 2021

Police Federation of England and Wales (Police and Criminal Justice): ICO 8 Mar 2021

The complainant has requested from the Police Federation of England and Wales (the Federation) information about negotiations between its representatives and Surrey Police, on the issue of over-claimed rest days in lieu (RDIL). The Federation withheld some information, which included meeting minutes and legal advice, under sections 36 (Prejudice to effective conduct of public affairs) … Continue reading Police Federation of England and Wales (Police and Criminal Justice): ICO 8 Mar 2021

Thames Valley Police (Police and Criminal Justice): ICO 2 Aug 2021

The complainant submitted a three part request for information about religiously aggravated hate crime to Thames Valley Police (TVP). TVP said that the requested information was exempt from disclosure under sections 30(1)(a) and (b) (Investigations and proceedings) and 40(2) (Personal information) of the FOIA. The Commissioner’s decision is that TVP was not entitled to rely … Continue reading Thames Valley Police (Police and Criminal Justice): ICO 2 Aug 2021

Metropolitan Police Service (Police and Criminal Justice): ICO 12 Jul 2021

The complainant has requested from the Metropolitan Police Service (the ‘MPS’) details of officer misconduct hearings which have been published on the force’s website and removed after 28 days. The MPS refused to disclose the requested information finding that it was exempt by virtue of section 40(2) (Personal information) of the FOIA. The Commissioner’s decision … Continue reading Metropolitan Police Service (Police and Criminal Justice): ICO 12 Jul 2021

Metropolitan Police Service (Police and Criminal Justice): ICO 23 Jun 2021

The complainant requested information from the MPS about a specified document. The MPS has failed to respond to this request. The Commissioner requires the MPS to provide the complainant with a response to this request in accordance with its obligations under FOIA. The MPS must take these steps within 35 calendar days of the date … Continue reading Metropolitan Police Service (Police and Criminal Justice): ICO 23 Jun 2021

Sussex Police (Police and Criminal Justice): ICO 7 Sep 2020

The complainant requested information from Sussex Police about noise level testing. Sussex Police has failed to respond to this request. The Commissioner requires Sussex Police to provide the complainant with a response to this request in accordance with its obligations under FOIA. Sussex Police must take these steps within 35 calendar days of the date … Continue reading Sussex Police (Police and Criminal Justice): ICO 7 Sep 2020

Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996

Individual officers, but not the police force itself are answerable in a race discrimination claim. The force is not vicariously liable for an individual officer’s acts. Citations: Gazette 06-Nov-1996, Times 10-Oct-1996, [1996] EWCA Civ 684, [1998] QB 65, (1997) 9 Admin LR 601, [1997] 1 All ER 289 Links: Bailii Statutes: Race Relations Act 1976 … Continue reading Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996

Northumbria Police (Decision Notice): ICO 25 Jul 2012

The complainant has requested information concerning any press statements that the public authority has made concerning copyright complaints in May and June 2011. The public authority provided the information but the complainant did not accept that he had been given all the information held. The Information Commissioner’s decision is that the public authority has complied … Continue reading Northumbria Police (Decision Notice): ICO 25 Jul 2012

Husband v Durham Police Authority: EAT 20 Dec 2002

When to reverse a previous decision by means of a Review undertaken pursuant to paragraph 13(1)(e) of Schedule 1 to the 2001 Regulations. Judges: Wall J Citations: [2002] UKEAT 1201 – 01 – 2012 Links: Bailii Statutes: Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 Jurisdiction: England and Wales Employment Updated: 31 October 2022; … Continue reading Husband v Durham Police Authority: EAT 20 Dec 2002

Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the … Continue reading Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

Metropolitan Police Service (Police and Criminal Justice): ICO 2 Feb 2022

The complainant has requested correspondence about policing a vigil for Sarah Everard from the Metropolitan Police Service (the ‘MPS’). The MPS advised that to respond to the request would be burdensome and it refused to do so citing section 14(1) (Vexatious requests) of the FOIA. The Commissioner’s decision is that the MPS breached section 10(1) … Continue reading Metropolitan Police Service (Police and Criminal Justice): ICO 2 Feb 2022

Metropolitan Police Service (Police and Criminal Justice): ICO 15 Jul 2021

The complainant has requested details regarding a press statement from the Metropolitan Police Service (the ‘MPS’). The MPS advised that to ascertain whether or not all of the requested information is held would exceed the appropriate limit at section 12(2) of the FOIA. The Commissioner’s decision is that it was entitled to cite the appropriate … Continue reading Metropolitan Police Service (Police and Criminal Justice): ICO 15 Jul 2021

Bedfordshire Police (Police and Criminal Justice): ICO 17 Mar 2021

The complainant has requested a full copy of an investigation report from Bedfordshire Police (BP). BP directed him to information published about the investigation but refused to provide a copy of the full report citing section 40(2) of the FOIA. The Commissioner’s decision is that section 40(2) is properly engaged. No steps are required. FOI … Continue reading Bedfordshire Police (Police and Criminal Justice): ICO 17 Mar 2021

Cumbria Constabulary (Police and Criminal Justice): ICO 12 Oct 2020

The complainant has requested information about attendance at activated alarms from Cumbria Constabulary (the ‘Constabulary’). The Constabulary advised the complainant that it does not hold the requested information. The Commissioner’s decision is that, on the civil standard of the balance of probabilities, the requested information is not held. No steps are required. FOI 1: Complaint … Continue reading Cumbria Constabulary (Police and Criminal Justice): ICO 12 Oct 2020

Metropolitan Police Service (Police and Criminal Justice): ICO 10 Jun 2021

The complainant has requested details about the Project Alpha database from the Metropolitan Police Service (the ‘MPS’). The MPS provided some of the requested information but refused the remainder citing the exemptions at sections 31(1)(a) and (b) (Law enforcement) of the FOIA. The Commissioner’s decision is that section 31(1) is properly engaged and that the … Continue reading Metropolitan Police Service (Police and Criminal Justice): ICO 10 Jun 2021

British Transport Police (Police and Criminal Justice): ICO 15 Jun 2021

The complainant requested information about the number of reported incidents for a specified rail network and time period. British Transport Police (‘BTP’). BTP advised that to comply with the request would exceed the appropriate limit at section 12 of FOIA. The complainant did not consider that BTP had provided him with adequate advice and assistance … Continue reading British Transport Police (Police and Criminal Justice): ICO 15 Jun 2021

Regina v Chief Constable of the West Midlands Police, Ex Parte Wiley Etc: CA 30 Sep 1993

Police complaints documents’ use may be restricted in civil proceedings. Citations: Times 30-Sep-1993, Independent 08-Oct-1993, Gazette 08-Dec-1993 Jurisdiction: England and Wales Citing: Appeal from – Regina v Chief Constable of West Midlands Ex Parte Wiley; Regina v Chief Constable Notts Ex Parte Sunderland QBD 24-Feb-1993 Police were not to use a complaint statements in civil … Continue reading Regina v Chief Constable of the West Midlands Police, Ex Parte Wiley Etc: CA 30 Sep 1993

Davidson v Chief Constable of North Wales Police and Another: CA 31 May 1993

A store detective said the plaintiffs had stolen from the store. He was wrong. The plaintiffs sought damages from the defendant for false imprisonment. Held: If the police use their own discretion to arrest a suspect, an informer is not liable for false imprisonment. The intervention by the police breaks any causation of the store … Continue reading Davidson v Chief Constable of North Wales Police and Another: CA 31 May 1993

Sussex Police (Police and Criminal Justice) IC-51721-P9P0: ICO 1 Oct 2020

The complainant requested information from Sussex Police about traffic offence data. Sussex Police has failed to respond to this request. The Commissioner requires Sussex Police to provide the complainant with a response to this request in accordance with its obligations under FOIA. Sussex Police must take these steps within 35 calendar days of the date … Continue reading Sussex Police (Police and Criminal Justice) IC-51721-P9P0: ICO 1 Oct 2020

Independent Office for Police Conduct (Police and Criminal Justice): ICO 7 Oct 2020

The complainant requested information about a death in police custody. The Independent Office for Police Conduct (‘the IOPC’) refused to comply with the request on the grounds that it was vexatious within the meaning of section 14(1) of the FOIA. The Commissioner’s decision is that the IOPC was entitled to rely on section 14(1) of … Continue reading Independent Office for Police Conduct (Police and Criminal Justice): ICO 7 Oct 2020

TBG v A Chief Constable of Police: Admn 21 Oct 2022

TBG was released on licence from a life sentence for murder, but was made subject to a Sexual Harm Protection order. He now appealed against that order. Held: The appeal failed. Judges: Lord Justice Dingemans (Vice-President of the King’S Bench Division) And Mr Justice Johnson Citations: [2022] EWHC 2665 (Admin) Links: Bailii Jurisdiction: England and … Continue reading TBG v A Chief Constable of Police: Admn 21 Oct 2022

Akenzua, Coy (Administrators of the Estate of Marcia Zena Laws (Deceased)) v Secretary of State for the Home Department, the Comissioner of Police for the Metropolis: CA 23 Oct 2002

The claimant sought damages for misfeasance in public office. The defendant had been involved in the release of a person known to be violent from custody, and where he had subsequently killed a member of the claimant’s family. The family appealed a strike out of their claim following the decision in Three Rivers. Held Following … Continue reading Akenzua, Coy (Administrators of the Estate of Marcia Zena Laws (Deceased)) v Secretary of State for the Home Department, the Comissioner of Police for the Metropolis: CA 23 Oct 2002

Northumbria Police (Police and Criminal Justice) IC-89850: ICO 27 Apr 2021

The complainant requested information from Northumbria Police about its application a legal test. Northumbria Police failed to respond to this request within the 20 working day time scale of the FOIA. FOI 10: Complaint upheld Citations: [2021] UKICO IC-89850 Links: Bailii Jurisdiction: England and Wales Information Updated: 25 October 2022; Ref: scu.662959

Northumbria Police (Police and Criminal Justice) IC-89430: ICO 27 Apr 2021

The complainant requested information from Northumbria Police about the status of staff. Northumbria Police failed to respond to this request within the 20 working day time scale of the FOIA. No steps are required. FOI 10: Complaint upheld Citations: [2021] UKICO IC-89430 Links: Bailii Jurisdiction: England and Wales Information Updated: 25 October 2022; Ref: scu.662958

Chief Constable of Thames Valley Police v Hepburn: CA 13 Dec 2002

The claimant sought damages from the police. They had executed a search warrant, and one officer detained the claimant during the raid. Held: A person who mistakenly restrained an individual in the mistaken belief that he had been lawfully arrested is liable for trespass to the person. The terms of the warrant had to be … Continue reading Chief Constable of Thames Valley Police v Hepburn: CA 13 Dec 2002

Northumbria Police (Police and Criminal Justice): ICO 4 Mar 2019

The complainant has requested information about the interpretation of several pieces of legislation. Northumbria Police would neither confirm nor deny whether it held the requested information, on the grounds that doing so would exceed the appropriate cost limit set out under section 12(2) of the FOIA. The Commissioner’s decision is that Northumbria Police was entitled … Continue reading Northumbria Police (Police and Criminal Justice): ICO 4 Mar 2019

Northumbria Police (Police and Criminal Justice): ICO 25 Apr 2017

The complainant has requested information about Northumbria Police’s investigation into a murder attempt made on him in 1999, for which nobody has been charged. The Commissioner’s decision is that the request is vexatious and Northumbria Police was entitled to apply section 14 of the FOIA to refuse the request. She also considers that Northumbria Police … Continue reading Northumbria Police (Police and Criminal Justice): ICO 25 Apr 2017

Northumbria Police (Police and Criminal Justice): ICO 5 Feb 2018

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, … Continue reading Northumbria Police (Police and Criminal Justice): ICO 5 Feb 2018

Office of The North Yorkshire Police, Fire and Crime Commissioner (Other): ICO 27 May 2021

The complainant requested information from the Office of the Police, Fire and Crime Commissioner for North Yorkshire (OPFCC) relating to the role of a named individual within the Civil Disclosure Unit. The OPFCC refused to comply with the request, citing section 14(1) (vexatious request) of the FOIA. The Commissioner’s decision is that the request was … Continue reading Office of The North Yorkshire Police, Fire and Crime Commissioner (Other): ICO 27 May 2021

Staffordshire Police (Police and Criminal Justice): ICO 27 Apr 2021

The complainant requested information about how Staffordshire Police recorded an incident of theft that he had reported. Staffordshire Police refused to disclose the information under the FOIA, citing the non disclosure exemption at section 40(2) (personal information). However, it disclosed most of the complainant’s own personal data to him under the subject access provisions of … Continue reading Staffordshire Police (Police and Criminal Justice): ICO 27 Apr 2021

Metropolitan Police Service (Police and Criminal Justice): ICO 7 Jun 2021

The complainant has requested Special Branch reports from 1937 from the Metropolitan Police Service (the ‘MPS’). The MPS advised that it did not hold the requested information. The Commissioner’s decision is that, on the civil standard of the balance of probabilities, the requested information is not held. No steps are required. FOI 1: Complaint not … Continue reading Metropolitan Police Service (Police and Criminal Justice): ICO 7 Jun 2021

West Yorkshire Police v Lincoln Crown Court and Another: Admn 27 Apr 2005

Police officers had unlawfully tape recorded private and confidential conversations between a suspect in custody and his solicitor. The police officers who had been asked to investigate the complaint appealed against an order saying that the tapes were to be withheld from examination by the police because of the abuse. Held: The tapes could be … Continue reading West Yorkshire Police v Lincoln Crown Court and Another: Admn 27 Apr 2005

The Applicant and The Chief Constable of The Police Service of Scotland: SIC 17 Dec 2020

Police Scotland were asked for the report into the investigation of a specific death. Police Scotland refused to disclose the information as it related to information gathered for the purpose of making a report to the procurator fiscal respecting the cause of death of a person. Following investigation, the Commissioner accepted Police Scotland were entitled … Continue reading The Applicant and The Chief Constable of The Police Service of Scotland: SIC 17 Dec 2020

Chief Constable of Humberside Police (Police and Criminal Justice): ICO 9 May 2019

The complainant requested Data Protection Impact Assessments relating to audio-visual recordings. The Commissioner’s decision is that Humberside Constabulary (‘the Constabulary’) failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner requires the Constabulary to take the following steps to ensure compliance with the legislation: … Continue reading Chief Constable of Humberside Police (Police and Criminal Justice): ICO 9 May 2019

West Yorkshire Police (Decision Notice): ICO 19 Dec 2007

The complainant is seeking information that he asserts was provided to third parties in relation to cases that he was involved in during the 1970s and 1980s and which he believes is held by West Yorkshire Police. The Commissioner understands that these cases related to a number of employment issues and an allegation of theft. … Continue reading West Yorkshire Police (Decision Notice): ICO 19 Dec 2007

Sussex Police (Police and Criminal Justice): ICO 23 Nov 2020

The complainant has requested details about an event involving an MP from Sussex Police (SP). Having initially refused the request citing sections 30(1) (Investigations and proceedings) and 40(2) (Personal information), SP subsequently disclosed the requested information with redactions for personal information under section 40(2) of the FOIA. The complainant did not dispute the redactions, but … Continue reading Sussex Police (Police and Criminal Justice): ICO 23 Nov 2020

Sussex Police (Police and Criminal Justice): ICO 13 Oct 2020

The complainant requested information from Sussex Police about Stalking Protection Orders. Sussex Police has failed to respond to this request. The Commissioner requires Sussex Police to provide the complainant with a response to this request in accordance with its obligations under FOIA. Sussex Police must take these steps within 35 calendar days of the date … Continue reading Sussex Police (Police and Criminal Justice): ICO 13 Oct 2020