Independent Office for Police Conduct

The complainant has requested, from the Independent Office for Police Conduct (IOPC), information relating to a named, deceased police officer, including information about disciplinary matters, complaints and conduct reports. In response, IOPC cited sections 38(2) and 44(2) of FOIA (the ‘health and safety’ and ‘prohibitions on disclosure’ exemptions), thereby neither confirming nor denying whether IOPC holds the requested information. The Commissioner’s decision is that IOPC was not entitled to give a ‘neither confirm nor deny’ (NCND) response under either exemption. The Commissioner therefore requires IOPC to issue a fresh response to the request which confirms or denies that the requested information is held. If the requested information is held, it should either be disclosed or IOPC should issue an adequate refusal notice. IOPC 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 FOIA and may be dealt with as a contempt of court