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Chief Constable of Northamptonshire Police

  • Date 30 June 2021
  • Sector Police and criminal justice
  • Decision(s) FOI 12(1): Not upheld, FOI 16: Upheld

The complainant requested from Northamptonshire Police information about its receipt and handling of Subject Access Requests (“SARs”) in the years 2018, 2019, and 2020. Northamptonshire Police refused the request as it considered that complying with it would exceed the cost limit under section 12 of the FOIA. The Commissioner’s decision is that Northamptonshire Police was entitled to rely on section 12(1) of the FOIA (cost limit) to refuse to comply with this request. However, the Commissioner also finds that Northamptonshire Police has not complied with its duty to provide advice and assistance under section 16 (advice and assistance) of the FOIA. The Commissioner requires Northamptonshire Police to take the following steps to ensure compliance with the legislation. Provide advice and assistance to the complainant on refining his request. Northamptonshire Police must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.