The complainant has submitted two requests for recorded information from Wigan Metropolitan Borough Council. The information the complainant seeks relates to a police investigation of a complaint about a dummy CCTV camera at a specified address. Having first refused the complainant’s requests in reliance on section 14(1) of the FOIA, on review, the Council determined that the requested information was subject to an application of sections 31(1), 40(2) and 41(1). The Commissioner’s decision is that Wigan Metropolitan Borough Council is not entitled to rely on section 31(1)(a) in respect of the complainant’s first request. She does however find that the Council is entitled to rely on section 40(2) to withhold that information. In respect of the complainant’s second request, the Commissioner has decided that the Council is entitled to rely on section 40(2) in respect of the second and third elements of that request, and on section 41 to withhold an email which is the subject of the fourth element containing of that request.
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