Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Devon and Cornwall Police (Police and criminal justice) [2020] UKICO fs50867142 (3 February 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50867142.html
Cite as: [2020] UKICO fs50867142

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Devon and Cornwall Police

The complainant has requested from Devon and Cornwall Police (“D&CP”) information about the death of a man with mental health issues, who had been restrained with an emergency response belt while  in police custody. D&CP referred the complainant to some information in the public domain, said that some of the information described in the request was not held and said that the remainder was exempt from disclosure under section 30(1) (investigations and proceedings), section 38(1) (health and safety) and section 40(2) (personal information) of the FOIA. The complainant challenged the application of the exemptions to withhold information. During the Commissioner’s investigation, D&CP withdrew reliance on section 30(1) and applied section 31(1) (law enforcement) of the FOIA instead. The Commissioner’s decision is that D&CP was entitled to rely on sections 31, 38 and 40 to withhold the remaining information. The Commissioner requires no steps. Information Tribunal appeal EA/2020/0051 under appeal.

FOI 31: Complaint not upheld FOI 40: Complaint not upheld FOI 38: Complaint not upheld

Decision notice: fs50867142