10 January 2018, Police and criminal justice
The complainant has requested various information in respect of a case Dyfed Powys Police had referred to the Crown Prosecution Service but which the CPS had decided not to proceed with. Dyfed Powys Police refused the request by virtue of section 12(1) of the FOIA on the basis that the cost of complying would exceed the appropriate limit. The Commissioner’s decision is that Dyfed Powys Police was not entitled to rely on section 12 of the FOIA and that in failing to provide meaningful advice and assistance, breached section 16(1) of the FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: issue a fresh response to the complaint which does not rely on section 12 of the FOIA.
FOI 12: Upheld FOI 16: Upheld