19 April 2016, Police and criminal justice
The complainant requested information relating to a train accident that occurred at Selby on 28 February 2001. North Yorkshire Police (NYP) responded and said that determining whether this information was held would exceed the cost limit (section 12(2)) of the FOIA. The Commissioner’s decision is that NYP was aware without undertaking significant work that it held information within the scope of the request and so was incorrect to rely on section 12(2) of the FOIA. The Commissioner has also found that NYP breached section 17(1) of the FOIA by failing to respond to the request within 20 working days of receipt. The Commissioner requires NYP to issue a fresh response to the request which does not rely on section 12(2) of the FOIA.
FOI 12: Upheld FOI 17: Upheld