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Chief Constable of South Wales Police

  • Date 7 July 2023
  • Sector Police and criminal justice
  • Decision(s) FOI 14(1): Upheld, FOI 17: Upheld

The complainant requested a copy of a final report produced by South Wales Police (SWP) that relates to Operation Dolomite. SWP initially refused the request, citing a number of exemptions under FOI; section 30(1) – investigations and proceedings, section 31(1) – law enforcement, section 38(1) – health and safety, section 40(2) – personal information, section 42(1) - legal professional privilege. At the internal review stage, SWP revised its position, confirming it was now relying on section 14(1) of FOIA as its basis for refusing the request. The Commissioner’s decision is that SWP has failed to provide sufficient evidence to support its claim that section 14(1) is engaged. In addition, as SWP failed to issue a refusal notice within 20 working days, the Commissioner has found a breach of section 17(1) of FOIA. The Commissioner requires SWP issue a fresh response to the request that does not rely on section 14 of FOIA.