Chief Constable of Warwickshire Police

The complainant has requested information about a court case involving Warwickshire Hunt, from Warwickshire Police. Warwickshire Police denied holding some of the information. It advised that some information was in the public domain so was exempt by virtue of section 21(1) (Information accessible to applicant by other means) of FOIA. It directed the complainant to the Office of the Police and Crime Commissioner (the “OPCC”) for one part of the request. It advised that one part was exempt from disclosure, citing section 32(1) (Court records) of FOIA. It also withheld an email citing section 42(1) (Legal professional privilege) of FOI.
The Commissioner’s decision is that Warwickshire Police was entitled to rely on the position taken regarding parts (2), (3) and (5) of the request. However, by failing to issue a timely response, Warwickshire Police breached sections 1(1) (General right of access) and 10(1) (Time for compliance) of FOIA.
He finds that part (4) of the request was not responded to adequately. The Commissioner requires Warwickshire Police to issue a fresh response advising the complainant whether or not it holds any relevant information. If any information is held, this should either be disclosed or Warwickshire Police should issue a valid refusal notice explaining why it is exempt from disclosure.