Cleveland Police FOI Data Protection Complaints Decision
Summary
The ICO has issued a decision notice regarding Cleveland Police's handling of Freedom of Information (FOI) requests related to historic child sexual abuse investigations. The ICO found that while the police were correct to withhold some information under FOIA exemptions, they must now disclose the parts of the report that are not exempt.
What changed
The Information Commissioner's Office (ICO) has ruled on a data protection complaint against Cleveland Police concerning their withholding of information related to historic child sexual abuse investigations under FOIA sections 31(1)(a) and (b). The ICO determined that while the police were justified in withholding certain parts of the report to prevent crime and apprehend offenders, the exemptions do not cover the entirety of the document. Consequently, Cleveland Police must now disclose the non-exempt portions of the report.
Cleveland Police is required to take specific steps to comply with this decision, including disclosing specified sections of the report. This ruling highlights the need for law enforcement agencies to carefully balance public interest in disclosure with legitimate concerns for crime prevention and prosecution, ensuring that exemptions are applied narrowly and only to the extent necessary. Failure to comply with the ICO's directive could lead to further regulatory action.
What to do next
- Disclose specified sections of the report to the complainant as detailed separately by the ICO.
Source document (simplified)
Chief Constable Cleveland Police
- Date 19 March 2026
- Sector Police and criminal justice
- Decision(s) FOI 31(1)(a): Partly upheld, FOI 31(1)(b): Partly upheld The complainant requested information about how historic child sexual abuse cases are investigated. Cleveland Police withheld the information under sections 31(1)(a) and (b) (the prevention or detection of crime and the apprehension or prosecution of offenders) of FOIA. The Commissioner’s decision is that Cleveland Police was correct to withhold parts of the report under sections 31(1)(a) and (b). However, these exemptions do not apply to the entirety of the report. The parts of the report that are not exempt must now be disclosed. The Commissioner requires Cleveland Police to take the following steps to ensure compliance with the legislation. • Disclose sections of the report as per the details provided separately to Cleveland Police.
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