On 29th July 2024 the Information Commission’s Office (‘ICO’) issued enforcement notices on Devon and Cornwall Police and Barking, Havering and Redbridge Hospitals NHS Trust for failing to meet basic information request requirements, as set out under the Freedom of Information Act 2000 (FOIA).
We have copied the action taken against Devon and Cornwall Police as published by the ICO –
Devon and Cornwall Police
In 2023, as part of our routine work to monitor public authorities’ compliance with the legislation, the Information Commissioner found Devon and Cornwall Police to be performing poorly in terms of their obligation to provide responses to information requests.
It was revealed that between 2022 and 2024 the percentage of requests responded to within the statutory FOI timeframe of 20 working days was consistently low (between 39% and 65%). Their rate of response to internal review requests was also poor, averaging between 0% and 22%.
The Force had a backlog of older FOI requests which had increased from 77 in December 2023 to 251 in June 2024.
Our enforcement notice orders the Force to devise and publish an action plan in the next 30 days which must detail how they will comply with their duties to respond to information requests in a timely manner. The Force has been given six months to clear the existing backlog.
The full press release can be found here – https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/07/ico-takes-action-against-two-organisations-for-risking-public-trust-by-failing-to-respond-to-public-requests-for-information/
I have still not had replies from Avon and Somerset and the Federation from 3 years ago. I was researching the legality of the surveillance upon me. Quite certain it was unlawful. Why they cannot approach respectfully and professionally and ask civil questions, to which 95 % of us would answer and even provide evidence to support, is beyond my comprehension. The further damage that is caused by under-hand tactics is shameful and unlawful use of power should be brought to justice. They run amok in people’s lives without any care or thought.
It’s about time too! Traditionally, the ICO has avoided taking action against Police forces, no doubt in part because they help fund the ICO. However, there does come a time when the abuses are so flagrant, that even that body is forced to actually do the job, as it says ‘on their tin’!
Now that have started with Devon & Cornwall, (and hopefully continue to press for the remedial plan to be fully implemented), let’s hope the ICO turns its attention to other police forces, who use similar tactics.
Who knows, the ICO might start asking why forces over redact, the information provided, often presenting full pages of just blacked out lines, including dates and times.
Is this the first chink of daylight into a world where a different set of rules apply to forces? Let’s hope so.