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Decision Summary

  • Case Ref: FS50131117
  • Date: 15 October 2009
  • Public Authority: Home Office
  • Summary: The complainant requested information created by the Policing Standards Unit during its intervention at Nottinghamshire and West Yorkshire police forces. He wished particularly to have sight of its evaluations and recommendations for improvement following poor performance assessments. The public authority originally refused to provide this information under section 36 (prejudice to the conduct of public affairs). At internal review it released some information and withheld the rest under sections 36(2) (prejudice to effective conduct of public affairs), 31(1) (law enforcement), 43(2) (commercial interests) and 40(2) (personal information). The Commissioner has investigated and found that sections 31 and 43 are not engaged. He has found that section 36 is engaged but that the public interest in maintaining the exemption does not outweigh the public interest in disclosure. The public authority’s reliance on section 40 in relation to staff names was not challenged by the complainant so is not dealt with in this Decision Notice. The Commissioner requires the public authority to disclose the information which has been withheld unless it is exempt by virtue of section 40(2). The complaint is therefore upheld.The public authority’s handling of the request resulted in breaches of certain procedural requirements of the Act.
  • View PDF of Decision Notice: [1]