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ICO Decision On Police Complaints Authority

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The Information Commissioner issued a decision regarding the Police Complaints Authority’s “failure to issue an internal review decision within the statutory timeframes” under the PATI Act.

A spokesperson said, “On 1 April 2019, Acting Information Commissioner Edith Farquharson issued Decision Notice 08/2019. This decision concerns the Police Complaints Authority’s failure to issue an internal review decision within the statutory timeframes under the Public Access to Information [PATI] Act 2010.

“In Decision 08/2019, the requester sought various records held by the Police Complaints Authority, including records on complaints it received and the investigations it carried out. The requester filed an internal review request but the Police Complaints Authority did not conduct an internal review and issue a decision as it did not consider itself a public authority under the PATI Act.

“During the course of the Information Commissioner’s independent review, the Police Complaints Authority accepted that it is a public authority under paragraph 13 of Schedule to the PATI Act after receiving the preliminary view of the Information Commissioner’s Office on the matter. It adhered to the advice of the Information Commissioner’s Office and issued an internal review decision accordingly.

“Though the Police Complaints Authority failed to issue an internal review decision within the statutory timeframe, the Acting Information Commissioner did acknowledge that the Police Complaints Authority issued an internal review decision during the Information Commissioner’s Office’s investigation. The Police Complaints Authority was not ordered to take any further steps by the Acting Information Commissioner.”

The full Information Commissioner’s Decision 08/2019 follows below [PDF here]:

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