7 March 2016, Police and criminal justice
The complainant requested a transcript of the public disciplinary hearing of a dismissed police officer. The Metropolitan Police Service (the “MPS”) initially advised that no information was held. Subsequently it refused to provide any information on the grounds of sections 31(1)(g) (law enforcement) and 40(2) (personal information) of the FOIA. During the Commissioner’s investigation this was revised to section 40(5), an exclusion to the duty to confirm or deny whether the information is held. The Commissioner’s decision is that the MPS cited section 40(5) correctly so it was not obliged to confirm or deny whether the requested information was held. No steps are required.
FOI 40: Not upheld