West Midlands Police

The complainant asked West Midlands Police (WMP) for information about its involvement in Sandwell Council’s decision to delay internal standards investigations while WMP conducted a related criminal investigation. WMP disclosed an ‘if asked’ press statement describing the nature of its interaction with Sandwell Council, and refused to disclose the remaining information it held, citing the exemptions at sections 30(1) (investigations and proceedings) and 40(2) (personal data) of the FOIA. The Commissioner’s decision is that WMP was entitled to rely on section 30(1) of the FOIA to refuse to disclose the remaining information. However, she found a breach of section 10(1) (time for compliance) of the FOIA because WMP did not respond to the request within the statutory timescale for compliance. She also found a breach of section 1(1)(a) in that WMP failed to clarify that it did not hold some of the requested information.