23 November 2017, Police and criminal justice
The complainant requested information relating to an Independent Police Complaints Commission (IPCC) managed investigation known as Operation Kalmia. The IPCC disclosed some information within the scope of the request but withheld the remainder citing the exemptions at sections 30, 38 and 40 of the FOIA (investigations and proceedings, health and safety and personal information respectively). Having considered its application of sections 30(2), 40(2) and 40(5), the Commissioner’s decision is that the IPCC was entitled to either rely on those sections to withhold the requested information or neither confirm nor deny holding relevant information. However, she finds that the IPCC breached sections 1 (general right of access) and 10 (time for compliance) of the FOIA by failing to disclose the information it provided within the statutory timescale. The Commissioner requires no steps to be taken as a result of this decision.
FOI 1: Upheld FOI 10: Upheld FOI 30: Not upheld FOI 40: Not upheld