Chief Constable Sussex Police

The complainant has requested information about the policing of a protest campaign. Initially, Sussex Police considered this information exempt under section 31 (Law enforcement) of FOIA. However, during the Commissioner’s investigation, Sussex Police revised its position and  disclosed the information which fell within the scope of the request. One document, previously withheld under section 31, remained undisclosed, as Sussex Police believed it was outside the scope of the request. The Commissioner’s decision is that the undisclosed document fell outside the scope of the request and so Sussex Police was not required to consider it for disclosure. He therefore finds no failure to comply with section 1 (General right of access) in that regard. However, by failing to respond to the request and disclose information within the timescales set out under FOIA, Sussex Police breached sections 1(1) and 10(1) of FOIA.