Chief Constable West Mercia Police

The complainant has requested information relating to the police handling of the death of a named individual. West Mercia Police refused the request, but it did not cite any exemption under FOIA to justify its position. The Commissioner’s decision is that West Mercia Police has not complied with sections 1(1) (General right of access), 10 (Time for compliance) and 17 (Refusal of request) of FOIA. The Commissioner requires West Mercia Police to issue a fresh response to the request, confirming or denying whether information is held. If held, the requested information must either be disclosed or a refusal notice issued that complies with section 17(1) of FOIA. If West Mercia Police reasonably requires further information in order to locate any relevant information, it may ask the complainant to provide clarifying information before complying.