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Decision Summary

  • Case Ref: FS50232866
  • Date: 2 September 2009
  • Public Authority: Metropolitan Police Service
  • Summary: The complainant requested a borough breakdown of the number of sex and race discrimination cases and details about them. The public authority had already provided the global numbers but said that it could not provide this borough breakdown. It originally relied on section 12(1) for some elements and section 40(2) for others. During the Commissioner’s investigation, the public authority withdrew its application of section 12(1) and applied section 40(2) to all the elements it continued to withhold. It said that it did not hold some information and provided its reasons. The Commissioner has considered the application of section 40(2) and has determined that he agrees with the application of it in this case. He is also content on the balance of probabilities that the public authority does not hold the information that it has denied holding. He has however found breaches of section 17(1) in issuing a section 12(1) notice incorrectly and section 17(1)(b) and (c) in failing to apply section 40(2) and failing to explain why within the twenty day statutory timescale. He requires no remedial steps to be taken in this case.
  • View PDF of Decision Notice: [1]