Chief Constable Essex Police

The complainant has requested information about reports of the offence of aggravated trespass. Although Essex Police responded to the request, the complainant has identified further information he believes should have been disclosed but which was not included in the response. The Commissioner found that different parts of the request were subject to FOIA and the EIR. His decision is that the additional information identified by the complainant was outside the scope of the request and so Essex Police was not required to consider it for disclosure. Accordingly, he finds no failure to comply with section 1 (General right of access) of FOIA or regulation 5(1) (Duty to make environmental information available) of the EIR in this regard. However, by failing to respond to the request within the timescales set out under FOIA and the EIR, Essex Police breached sections 1(1) and 10(1) of FOIA and regulation 5(2) of the EIR.