Chief Constable of Warwickshire Police

The complainant requested details of disciplinary hearings for two named police officers. Warwickshire Police refused to confirm or deny whether it held the requested information, citing the ‘neither confirm nor deny’ (‘NCND’) provisions within section 30(3) (investigations), section 31(3) (law enforcement) and section 40(5) of FOIA (personal information). The Commissioner’s decision is that Warwickshire Police was entitled to rely on section 40(5) of FOIA to refuse to confirm or deny that it holds the requested information. As he has found section 40(5) to be engaged, he does not deem it necessary to consider Warwickshire Police’s reliance on the other NCND provisions cited. The Commissioner requires no steps as a result of this notice.
Keywords: Gross misconduct, misconduct