FOI Request
This was published on the PCC’s website, stating 19 complaints against Cleveland Police have been upheld since last February.
https://www.cleveland.pcc.police.uk/commissioner/transparency/foi-log/foi-7648-policecomplaints/
Please disclose:
1) Each original complaint, as it was received by the force. Any information which could prohibit disclosure – such as the complainant’s address etc – can be redacted.
2) Each subsequent report/letter, from the commissioner, outlining the findings and decision for upholding the complaint. Again, any aspect which may prohibit disclosure can be redacted.
OPCC Response
In regard to your first question,
1) Each original complaint, as it was received by the force. Any information which could prohibit disclosure – such as the complainant’s address etc – can be redacted.
Having considered the content of your request, the Office of the Police and Crime Commissioner rely upon the following exemption to reject your above request.
Section 38 (1) a, b and Section 38 (2) of the Freedom of Information Act 2000 (FOIA) has been applied to this request as the information requested would or would be likely to endanger the physical or mental health of any individual, or the safety of an individual. This is a prejudice and qualified-exemption and the harm and PIT in disclosure is outlined below.
Harm – Prejudice
To disclose original complaints, even with redactions would or would be likely to enable the complainant to become identifiable and cause unnecessary stress to them and others around them.
Public Interest Test – For Disclosure
The purpose of the Act is to make public authorities more accountable, and the public interest will favour disclosure, where the authority has not fulfilled its function.
Public Interest Test – Non-Disclosure
The public interest test will not be served if disclosure breaches first principle of the General Data Protection Regulation (GDPR) – lawfulness, fairness and transparency if disclosed.
Balance
On this occasion, the information requested could contravene the first principle of the General Data Protection Regulation (GDPR) – lawfulness, fairness, and transparency that if disclosed, this information would or would be likely to enable the complainants to become identifiable and cause unnecessary stress to them and others around them. In this case the weight of evidence is not found.
Regarding your second request,
2) Each subsequent report/letter, from the commissioner, outlining the findings and decision for upholding the complaint. Again, any aspect which may prohibit disclosure can be redacted.
Please see in the below document the findings, decisions and recommendations made from the Office of the Police and Crime Commissioner: