Chief Constable West Yorkshire Police

The complainant requested information relating to guidance on autism and for specific correspondence between the mayor and West Yorkshire Police. West Yorkshire Police provided some of the requested guidance and cited section 21 (information accessible to applicant by other means) in relation to the remainder. With respect to the requested correspondence, West Yorkshire Police would neither confirm nor deny (NCND) holding that information, citing sections 40(5) (personal information) and 30(3) (investigations and proceedings) of FOIA. During the course of the Commissioner’s investigation, West Yorkshire Police amended its position, no longer citing section 30(3). It confirmed its reliance on section 40(5) (personal data) to NCND whether the requested correspondence is held. The Commissioner’s decision is that West Yorkshire Police is entitled to rely on the provision at section 40(5A) to NCND whether it holds the requested correspondence.  The Commissioner does not require any steps to be taken as a result of this decision.