Chief Constable Surrey Police

1.    The complainant requested information from Surrey Police (“the Police) in relation to misconduct outcome hearings.  The Commissioner’s decision is that the Police were entitled to refuse to comply with the request in accordance with section 12(1) (cost limit) of the FOIA.
2.    The Commissioner’s decision is that the Police were entitled to rely on section 12(1) of FOIA to refuse to disclose the withheld information. He also finds that the Police have failed to comply with section 16 (Advice and assistance) of FOIA as they have not provided adequate advice and assistance to the complainant to enable them to narrow or refine their request.
3.    The Commissioner requires the Police to take the following steps to ensure compliance with the legislation:-
•    Provide the complainant with detailed advice and assistance on how they may make a refined, less burdensome request.  If no meaningful advice would be possible this must be explained.
4.    The Police must take these steps within 30 calendar days of the date of this decision notice.  Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to Section 54 of the Act and may be dealt with as a contempt of court.