Information Commissioner's Office

Summary: The complainant requested information relating to the appointment of the Police Ombudsman for Northern Ireland. The public authority refused to disclose the majority of the information falling within the scope of the requests, citing the exemptions provided by section 36(2)(b) (inhibition to the free and frank provision of advice and to the free and frank exchange of views). The Commissioner finds that these exemptions were cited correctly in relation to some of the information falling within the scope of the requests, but that the remainder of the information is not exempt and the public authority breached sections 1(1)(b) and 10(1) of the Act in failing to disclose this information within 20 working days of receipt of the request. The public authority is now required to disclose the non-exempt information. The Commissioner also finds that the public authority breached the requirement of section 17(1) in failing to respond to the request with a refusal notice within 20 working days of receipt. Information Tribunal appeal EA/2011/0204 withdrawn.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 36 - Complaint Partly Upheld