The complainant made a three part request about an assessment (the ‘Assessment’) which was undertaken in connection with two criminal investigations by Staffordshire Police (‘SP’). In respect of part (1) of the request, SP disclosed some information but withheld the remainder citing the exemptions at sections 40(2)(personal information) and 31(1)(a), (b) and (g) (law enforcement) of the FOIA. In respect of parts (2) and (3), SP failed to provide a response. The Commissioner’s decision is that SP was entitled to rely on the exemptions cited in part (1) of the request; however, she finds that SP should have cited section 40(1) in respect of some of that information. In failing to respond to any part of the request within the statutory time limit SP breached section 10(1) (time for compliance) of the FOIA. Additionally, in failing to state whether or not its holds information in respect of parts (2) and (3), it breached section 1(1). In respect of parts (2) and (3) of the request the Commissioner requires SP to either provide the requested information or issue a valid refusal notice as set out in section 17 of the FOIA.
FOI 1: Upheld FOI 10: Upheld FOI 31: Not upheld FOI 40: Not upheld
Citations:
[2017] UKICO FS50673467
Links:
Jurisdiction:
England and Wales
Information
Updated: 21 January 2023; Ref: scu.602346
