Chief Constable Cheshire Constabulary

The complainant asked the Chief Constable Cheshire Constabulary (the Constabulary) 10 questions relating to child safeguarding and policing ethics at Cheshire’s Pride events. The Constabulary stated that it did not hold any information falling within the scope of questions 1, 3, 8 and 9 of the request. The Constabulary refused to comply with question 2 of the request, relying on section 12 of FOIA (cost of compliance). Finally, the Constabulary refused to confirm or deny whether it held any of the information requested in questions 4-7, initially relying on section 40(5B) of FOIA (third party personal information). During the course of the Commissioner’s investigation, the Constabulary revised its response, instead relying on section 40(5A) of FOIA (personal information of the requester) to refuse to confirm or deny whether it held this information. The Commissioner’s decision is that on the balance of probabilities, the Constabulary does not hold the information requested in questions 1, 3, 8 and 9, was entitled to rely on section 40(5A) of FOIA to refuse to confirm or deny whether it holds any of the information requested in questions 4-7, and complied with its obligations under section 16, in relation to question 2. The Commissioner does not require the Constabulary to take any further steps as a result of this decision notice.