Chief Constable of Merseyside Police

The complainant has requested information regarding outbound calls made by Merseyside Police. Merseyside Police relied on section 12 of FOIA (cost of compliance) to refuse the request. The Commissioner’s decision is that Merseyside Police was entitled to rely on section 12(1) of FOIA to refuse the request. The Commissioner also finds that Merseyside Police did not comply with its section 16 obligation to offer advice and assistance. The Commissioner requires Merseyside Police to take the following steps to ensure compliance with the legislation. Provide the complainant with appropriate advice and assistance to help them submit a request which may potentially fall within the appropriate limit. Merseyside Police must take these steps within 30 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 the Act and may be dealt with as a contempt of court. FOI Section 12(1) - complaint not upheld, Section 16 – complaint upheld