The complainant made a request for copies of all case information in relation to a murder which took place in 1969.
Northumbria Police refused the request under sections 30(1) (investigations and proceedings conducted by public authorities), 38(1)(a) (health and safety) and 40(2) (personal data) of FOIA.
However, during the Commissioner’s investigation, Northumbria Police changed its position and refused the request under section 14(1) (vexatious requests) of FOIA.
The Commissioner’s decision is that the request is vexatious and therefore Northumbria Police was entitled to rely upon section 14(1) of FOIA to refuse it.
However, by relying on this exemption, which it had not mentioned to the complainant at or before internal review, Northumbria Police breached section 17(1) of FOIA.
Northumbria Police also breached section 10 of FOIA by failing to respond to the complainant’s request within 20 working days of receipt.
The Commissioner does not require any steps to be taken. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0120 appeal dismissed.