10 September 2015, Police and criminal justice
The complainant requested information relating to meetings the Police and Crime Commissioner for Northumbria (the ‘PCC’) held with members of the public. The PCC refused the request on cost grounds under section 12(1) of the FOIA. The Commissioner’s decision is that the PCC cited section 12(1) correctly and so it was not obliged to comply with the request. However, he has also found that the PCC did not comply with its obligation under section 16(1) to provide advice and assistance to the requester as it did not provide guidance as to how the complainant’s request could be refined to bring it within the cost limit. It is now required to respond to the complainant with this advice. The Commissioner requires the PCC to write to the complainant with advice as to how his request could be refined to bring it within the cost limit. The PCC must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
FOI 12: Not upheld FOI 16: Upheld