Metropolitan Police FOI Cost Limit Exemption Upheld Under Section 12
Summary
The Information Commissioner's Office has issued a decision notice in case IC-463630-Q9F4 finding that the Metropolitan Police Service correctly relied on section 12(2) of the Freedom of Information Act when refusing a request for information from Operation Countryman records, on grounds that locating the information would exceed the appropriate cost limit. The ICO also found no breach of the section 16 duty to provide advice and assistance. No remedial steps are required.
“The Commissioner’s decision is that it was correct to rely on section 12(2) of FOIA and that it did not breach section 16 (1) (Advice and assistance).”
What changed
The ICO's decision confirms that the Metropolitan Police Service's reliance on section 12(2) of FOIA — which permits public authorities to refuse requests where the cost of locating and retrieving information would exceed the appropriate limit — was correct for this request concerning Operation Countryman records. The Commissioner also found no violation of the section 16(1) duty to provide advice and assistance.
For FOI practitioners in public authorities, this decision reinforces the validity of applying cost limit exemptions when request handling would exceed statutory thresholds. The decision provides confirmation that section 12(2) can be properly invoked without requiring demonstration that information is definitely held, provided the cost of determining this alone would exceed the limit.
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Apr 21, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Chief Constable Commissioner for the Metropolis (Metropolitan Police Service)
- Date 20 April 2026
- Sector Police and criminal justice
- Decision(s) FOI 12: Not upheld, FOI 16: Not upheld The complainant has requested information from within Operation Countryman records held by the Metropolitan Police Service (the “MPS”). The MPS advised that to ascertain whether or not the requested information was held would exceed the cost limit at section 12(2) of FOIA.
The Commissioner’s decision is that it was correct to rely on section 12(2) of FOIA and that it did not breach section 16 (1) (Advice and assistance). No steps are required.
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