Prisons and Probation Ombudsman for England and Wales

The complainant requested the number of complaints filed against a particular prison officer within the three years preceding the request. The Prisons and Probation Ombudsman (PPO) refused to confirm or deny if it held this information and cited the exemption provided by section 40(5) of the FOIA. The Commissioner’s decision is that the PPO applied section 40(5) correctly and so it is not required to confirm or deny if it holds the requested information. Information Tribunal appeal number EA/2011/0308 dismissed.