Essex Police (Police and criminal justice) [2022] UKICO 148385 (9 December 2022)
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Essex Police
The complainant has requested information from Essex Police (“the Police”), in relation to arrests made between 2019 and 2020, regarding online sexual offences of any kind, related to children. The Police cited section 31(1)(a)(b) and 31(3) of FOIA – law enforcement, section 38 of FOIA – health and safety and section 40(2) of FOIA – personal information. The Commissioner’s decision is that the Police cannot rely on sections 31(a)(b) and 31(3) of FOIA as it has failed to demonstrate that the exemptions are engaged. The Commissioner went on to consider section 38 – health and safety and section 40(2) of FOIA, however, the Police also failed to demonstrate that these exemptions are engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Provide the complainant with the request information and/or; Issue a new response to the complainant, not relying on the above sections of FOIA. The public authority must take these steps within 35 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.
FOI 31(3):
Complaint upheld
FOI 38:
Complaint upheld
FOI 40(2):
Complaint upheld
FOI 31(1)(a):
Complaint upheld
FOI 31(1)(b):
Complaint upheld
Decision notice: 148385
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URL: http://www.bailii.org/uk/cases/UKICO/2022/148385.html
