Avon and Somerset Police

The complainant has requested information about an incident in which a member of the public was seriously injured by a police dog when Avon and Somerset Constabulary (ASC) shut down an illegal rave. ASC withheld the information, citing sections 30 (Investigations and proceedings), 31 (Law enforcement), 38 (Health and safety) and 40 (Personal information) of FOIA. The Commissioner’s decision is that ASC was entitled to rely on section 40(2) to withhold the information it held in respect of parts 1), 2), and 5) of the request. It was also entitled to rely on section 40(2) to withhold some of the information it held in respect of part 3) of the request. ASC was entitled to rely on section 30 to withhold the information it held in respect of parts 6), 7) and 8) of the request. However, it was not entitled to rely on these exemptions to withhold the information it held in respect of part 4) of the request. By failing to disclose that information, and some information it held in respect of part 3) of the request which was not exempt under section 40, within the statutory time for compliance, ASC breached section 1 and section 10 of FOIA. The Commissioner requires ASC to disclose the information it holds in respect of part 3) of the request, ensuring it redacts all information which the Commissioner has identified as being exempt under section 40(2) of FOIA, and disclose the information it holds in respect of part 4) of the request. Information Tribunal UT PTA refused.