Chief Constable Cleveland Police

The complainant has requested, from the Chief Constable of Cleveland Police (Cleveland Police), information about Operation Magnolia. During the Commissioner’s investigation, Cleveland Police revised its position; Cleveland Police is now relying on section 12(1) of FOIA (exemption where cost of compliance exceeds appropriate limit) to refuse to comply with the request. The Commissioner’s decision is that Cleveland Police is entitled to rely on section 12(1) of FOIA, and has complied with section 16 of FOIA (duty to provide advice and assistance). However he also finds that Cleveland Police breached section 17(1) of FOIA (refusal of request) because its refusal notice was late and didn’t cite the exemption – section 12(1) of FOIA – that Cleveland Police eventually came to rely on.