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Leicestershire Police

  • Date 24 September 2019
  • Sector Police and criminal justice
  • Decision(s) FOI 12: Not upheld, FOI 16: Upheld

The complainant requested information about an email problem encountered by Leicestershire Police in October 2018. Leicestershire Police responded and provided an explanation. The complainant raised specific questions at the internal review stage. Leicestershire Police told him that the request could not be answered on cost grounds and refused it citing section 12(1) of FOIA – the cost of compliance. The Commissioner’s decision is that Leicestershire Police was entitled to rely on section 12(1) of FOIA in relation to this request. However, by failing to demonstrate that it had considered its advice and assistance obligations, Leicestershire Police has breached section 16 of FOIA. In the circumstances of this case, the Commissioner has not ordered any steps as there does not appear to be any way of refining the request to bring it under the cost limit. Information Tribunal appeal EA/2019/0361 struck out. First-tier tribunal (General Regulatory chamber) information rights appeal UA-2020-001600-GIA (Formerly GIA/817/2020) UT Appeal Allowed.