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Decision Summary

  • Case Ref: FS50213522
  • Date: 3 August 2009
  • Public Authority: West Yorkshire Police
  • Summary: The complainant requested copies of all documents prepared by West Yorkshire Police in relation to a risk assessment carried out as part of a missing person enquiry for his son. This was refused by the public authority as they considered it exempt from disclosure under sections 31, 40 and 41 of the Freedom of Information Act. During the Commissioner’s investigation, the public authority changed its position on the refusal under section 31 to section 30 of the Act and introduced section 23 for some of the information. The Commissioner found that section 30(1) applied to the information. He concluded that the public interest in maintaining the exemption in section 30(1) outweighs the public interest in disclosure for some of the information. For the remainder he concluded that the public interest favours disclosure. He also found that section 23 did not apply. It was not necessary to consider sections 40(2) and 41 as the Commissioner concluded that all the material withheld under those exemptions was correctly withheld by the public authority under section 30(1). The Commissioner has ordered the public authority to disclose redacted copies of the information to the complainant. He has also found breaches of sections 1(1)(b), 10(1), 17(1)(a) (b) and 17(1)(c) of the Act.
  • View PDF of Decision Notice: [1]