South Yorkshire Police (Police and criminal justice) [2022] UKICO ic-109664 (1 March 2022)
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South Yorkshire Police
The complainant has requested information about a deceased police officer including complaints made about him, his disciplinary record and reports relating to misconduct. South Yorkshire Police (‘SYP’) would neither confirm nor deny whether it held the requested information, citing the exemption at section 38(2) (Health and safety) of FOIA. The Commissioner’s decision is that SYP has not demonstrated that section 38(2) is engaged in this case. The Commissioner requires SYP to confirm or deny whether information falling within the scope of the request is held, and either disclose that information or issue a refusal notice compliant with section 17 of FOIA.
FOI 38:
Complaint upheld
Decision notice: ic-109664
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-109664.html