Chief Constable Commissioner for the Metropolis (Metropolitan Police Service)

The complainant has requested information relating to the death of Sandra Rivett and the subsequent disappearance of Lord Lucan, from the Metropolitan Police Service (the “MPS”). Having initially relied on the neither confirm nor deny (“NCND”) provisions in sections 30(3) (Investigations and proceedings) and 40(5) (Personal information) of FOIA, the MPS subsequently revised its position and relied on sections 30(1) and 40(2) of FOIA. The Commissioner’s decision is that the exemption at section 30(1) is engaged and that the public interest favours maintaining the exemption. The Commissioner also finds that, in providing a late response, the MPS breached sections 1(1) (General right of access) and 10(1) (Time for compliance) of FOIA. No steps are required.