14 June 2016, Police and criminal justice
The complainant requested information about communications between the Chief Constables of Warwickshire and Lincolnshire Police for specified periods of time during 2015. Warwickshire Police relied on the exemptions at FOIA sections 31(3) (law enforcement), 40(5) (personal information) and 42(2) (legal professional privilege) to neither confirm nor deny holding the information requested. The Commissioner decided that Warwickshire Police had applied the section 31(3) FOIA exemption correctly in neither confirming nor denying holding the requested information. He therefore did not proceed to consider the section 40(5) and 42(2) FOIA exemptions. He did however find that the delay by the police in issuing a substantive response to the request breached section 17(1) FOIA. The Commissioner does not require Warwickshire Police to take any steps to comply with the legislation.
FOI 31: Not upheld