9 October 2017, Police and criminal justice
The complainant has requested information about an investigation Durham Police was asked to conduct on behalf of North Yorkshire Police in 2013. Durham Police refused to comply with the request on the grounds that it was vexatious within the meaning of section 14(1) of the FOIA. The complainant also voiced concerns that Durham Police had not responded to the request “promptly” and had therefore breached section 10(1) (time for compliance) of the FOIA. The Commissioner found that the request was not vexatious and therefore that Durham Police was not entitled to refuse to comply with it under section 14(1) of the FOIA. However, the Commissioner found no breach of section 10(1) of the FOIA. The Commissioner requires Durham Police to issue a fresh response to the request, which does not rely on section 14(1).
FOI 10: Not upheld FOI 14: Upheld