Chief Constable Kent Police

The complainant made a multi-part request for information about the ‘Clare’s Law’ disclosure scheme. Kent Police would neither confirm nor deny (NCND) holding the requested information, citing section 12(2) (Cost of compliance exceeds appropriate limit) of FOIA. The Commissioner’s decision is that Kent Police was entitled to rely on section 12(2) of FOIA to NCND holding the requested information. However, it failed to comply with the duty at section 16(1) of FOIA to provide advice and assistance. The Commissioner requires Kent Police to provide the complainant with advice and assistance on refining the request, in accordance with the information referred to in paragraph 31 of this decision notice. When doing so, Kent Police should ask the complainant to clarify any parts of the request that are unclear.