West Mercia Police
- Date 20 September 2023
- Sector Police and criminal justice
- Decision(s) FOI 21: Partly upheld, FOI 30: Not upheld
The complainant has requested from West Mercia Police (WMP) information relating to several police misconduct files. WMP initially refused the request under section 12 of FOIA which it subsequently withdrew. Having done so, WMP refused the request under sections 30(1)(a) and (b) (investigations and proceedings), 40(2) (personal information), 38(1) (health and safety), 32(1)(c) (court records) and 21 (information accessible to applicant by other means) of FOIA. The Commissioner's decision is that WMP is entitled to rely on sections 30(1)(a) and (b) of FOIA. With regards to section 21, the Commissioner is satisfied that this only applies to part of the information withheld under this exemption. However, for the information which is not covered by section 21, the Commissioner's decision is that it is exempt from disclosure under section 30(1)(a) and (b) of FOIA. The Commissioner does not require further steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0413 under appeal.