The complainant requested information primarily relating to the parents of the convicted Southport attacker. Lancashire Constabulary refused to confirm or deny that it held any of the requested information. It cited the FOIA ‘neither confirm nor deny’ (‘NCND’) provisions in sections 30(3) – investigations, 31(3) – law enforcement and 40(5) – personal information. During the course of the Commissioner’s investigation, Lancashire Constabulary additionally relied on the NCND provision contained in section 38(2) of FOIA - health and safety etc. The Commissioner’s decision is that Lancashire Constabulary was entitled to issue a ‘neither confirm nor deny’ response in accordance with section 40(5B)(a)(i) of FOIA for the reasons set out in this notice. As he has made this determination, he has not deemed it necessary to consider Lancashire Constabulary’s reliance on the other cited NCND provisions. No steps are required as a result of this decision.

Keywords: Public Inquiry