11 December 2017, Police and criminal justice
The complainant requested a copy of an investigation report, and associated information, into the use of procurement cards by former senior staff at the Association of Chief Police Officers’ Criminal Records Office (‘ACRO’). Hampshire Constabulary refused the request, citing the non-disclosure exemption at section 40(2) (personal information) of the FOIA. It also cited section 31 (law enforcement) and section 38 (health and safety), and for parts of the request and said it did not hold some of the requested information. The Commissioner’s decision is that Hampshire Constabulary was entitled to rely on section 40 to refuse parts of the request. As she has found section 40(2) to be engaged, she has not considered the other cited exemptions further. In relation to the remaining requested information, the Commissioner finds, on the balance of probabilities, that Hampshire Constabulary does not hold this information. However, by failing to issue its refusal notice within the statutory 20 working days’ timescale, Hampshire Constabulary breached section 17(1) of FOIA. The Commissioner requires no steps to be taken.
FOI 40: Not upheld FOI 1: Not upheld