Devon and Cornwall Constabulary

The complainant asked for a breakdown of the number of local teaching staff who had been investigated in connection with offences under section 16 of the Sexual Offences Act 2003 and for details of the outcome of these investigations. Devon and Cornwall Constabulary confirmed that it held such information but claimed it was exempt from disclosure under sections 31(1)(a), 31(1)(b) and 40(2). The Commissioner’s decision was that some of the information was properly withheld by virtue of section 40(2) but that for other information this exemption was not engaged. The Commissioner also found that, in relation to the information that did not engage section 40(2), the Constabulary had failed to demonstrate that either of the sub-sections at section 31 was engaged. He therefore found the Constabulary in breach of sections 1(1)(b) and 10(1) in relation to this information. Information Tribunal appeal number EA/2011/0006 dismissed.