Independent Office for Police Conduct (Police and criminal justice) [2019] UKICO fs50793935 (31 January 2019)
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Independent Office for Police Conduct
The complainant requested information from the Independent Office for Police Conduct (IOPC) relating to an Independent Police Complaints Commission (IPCC) managed investigation. The IOPC refused the request under sections 21 (information accessible to the applicant by other means), 30 (investigations and proceedings), 38 (health and safety), 40 (personal information) and 42 (legal professional privilege) of the FOIA. The complainant also voiced concerns that the IOPC had not responded to the request “ promptly ” and that it had therefore breached section 10(1) (time for compliance) of the FOIA. The Commissioner’s decision is that the IOPC was entitled to rely on section 21 to refer the complainant to information already in the public domain and on section 30(1)(a)(i) to withhold further information falling within the scope of parts (1) and (2) of the request. However, she found that its response to part (3) of the request was inadequate, in that it failed to properly establish whether or not it held the information and thus it failed to comply with the duty at section 1(1)(a) of the FOIA. By doing so, it also breached section 10(1) of the FOIA. However, the Commissioner found no wider breach of section 10(1) of the FOIA in terms of the promptness of the overall response. The Commissioner requires the IOPC to issue a fresh response to part (3) of the request by either confirming or denying whether the information is held and disclosing it, or by issuing a valid refusal notice, compliant with section 17 of the FOIA.
FOI 10:
Complaint partly upheld
FOI 21:
Complaint not upheld
FOI 30:
Complaint not upheld
FOI 1:
Complaint upheld
Decision notice: fs50793935
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50793935.html
