Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Chief Constable of Northumbria Police (Police and criminal justice) [2023] UKICO 181036 (8 February 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/181036.html
Cite as: [2023] UKICO 181036

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Chief Constable of Northumbria Police

The complainant made a request for copies of all case information in relation to a murder which took place in 1969. Northumbria Police refused the request under sections 30(1) (investigations and proceedings conducted by public authorities), 38(1)(a) (health and safety) and 40(2) (personal data) of FOIA. However, during the Commissioner’s investigation, Northumbria Police changed its position and refused the request under section 14(1) (vexatious requests) of FOIA. The Commissioner’s decision is that the request is vexatious and therefore Northumbria Police was entitled to rely upon section 14(1) of FOIA to refuse it. However, by relying on this exemption, which it had not mentioned to the complainant at or before internal review, Northumbria Police breached section 17(1) of FOIA. Northumbria Police also breached section 10 of FOIA by failing to respond to the complainant’s request within 20 working days of receipt. The Commissioner does not require any steps to be taken.

FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 14(1): Complaint not upheld

Decision notice: 181036