16 May 2015 – 31.2015-16 – Freedom of information request – Expenses of the PCC. Ongoing Civil claim, Are you listed in this action?
- Please may I have a copy of all your expenses you have submitted since we elected you for the role of Police Commissioner?
- [re ongoing civil claim] Are you one of the persons listed in this action?
Extent and Result of Searches to Locate Information
To locate the information relevant to your request, searches were conducted within the Office of the Police and Crime Commissioner for North Yorkshire and I can confirm that the information you have requested is held. I have explained further in more detail below.
As it is already in the public domain that the civil case your request refers to is ongoing, I am able to provide you with the information requested.
All of the Commissioner’s expenses are published on her website and you can access them via the following link: https://www.northyorkshire-pfcc.gov.uk/commissioner/finances/expenses/
I am not obliged to provide you with a separate copy of this information as I am exempt from doing so under the FOI Act. Please see the exemption section at the end of this letter for further details.
Ordinarily this type of information would be exempt under the FOI Act as it is personal information of a third party. In this specific case, however, the Commissioner has agreed to this information being released to you outside of the FOI Act. The response to your question is that the Commissioner is not a named Claimant in the civil action.
Section 17 of the Act requires the Police and Crime Commissioner for North Yorkshire, when refusing to confirm or deny that information is held by the force, to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies. This letter acts as such a notice. The exemption is explained below.
Question 1 – S21 Information reasonably accessible by other means
I am exempting the information you have requested in question 1 pursuant to Section 21 of the Freedom of Information Act 2000 (the Act).
The exemption applies as the information you have requested is published on the Commissioner’s website. This exemption is an absolute, class-based exemption, which means I am not required to evidence the harm in disclosure or consider a public interest test.