ICO Decision Notice: Surrey Police FOI Cost Limit Refusal Upheld

ICO Decision Notices

Filed February 11th, 2026

Detected February 17th, 2026

Summary

The UK's Information Commissioner's Office (ICO) issued a decision notice regarding Surrey Police's handling of a Freedom of Information (FOI) request. The ICO upheld the police's refusal based on the cost limit but found they failed to provide adequate advice and assistance.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice concerning Surrey Police's handling of a Freedom of Information (FOI) request related to an historic murder case. The ICO determined that Surrey Police was justified in refusing the request under section 12(1) of the FOIA, citing the cost limit. However, the Commissioner found that the public authority failed to meet its obligations under section 16 of FOIA, which requires offering appropriate advice and assistance to the requester.

No specific steps are required from Surrey Police as a result of this decision, indicating that while the refusal was upheld, the failure to provide advice and assistance did not necessitate further action beyond the finding itself. This decision highlights the importance for public authorities to balance cost limit justifications with their duty to assist requesters under FOIA.

What to do next

Review internal procedures for handling FOI requests to ensure compliance with section 16 advice and assistance obligations, even when relying on section 12 cost limits.

Source document (simplified)

Chief Constable Surrey Police

Date 11 February 2026
Sector Police and criminal justice
Decision(s) FOI 12(1): Not upheld, FOI 16: Upheld The complainant has requested information in respect of an historic murder case. The above public authority (the “public authority”) relied on section 12(1) (cost limit) of FOIA to refuse the request. The Commissioner’s decision is that the public authority was entitled to refuse to comply with the request in accordance with section 12(1). The Commissioner finds that the public authority did not comply with its obligations under section 16 of FOIA to offer advice and assistance. No steps are required.