By Gavin Mackintosh-
The Information Commissioner’s Office (ICO) has issued an enforcement notice to Greater Manchester Police (GMP) for persistent failures to respond to Freedom of Information (FoI) requests.
The ICO expressed concern over the lack of improvement, warning that the force could face contempt of court charges if it does not comply with the notice.
GMP currently handles a substantial backlog of 850 overdue requests, with more than 800 exceeding six months in age and 580 surpassing the one-year mark.
The oldest open request predates the enforcement notice by almost two and a half years. This concerning state of affairs prompted the ICO’s intervention.
The enforcement notice, dated December 20, follows a practice recommendation issued in February 2023. The ICO’s routine monitoring had identified GMP as the most complained-about police force regarding timeliness over the preceding 12 months.
Despite an initial commitment by GMP to clear the backlog by the end of 2024, the ICO deemed the timeline unacceptable.
Phillip Angell, head of FoI casework at the ICO, emphasized the urgency of the enforcement notice, stating, “Improved response times to incoming requests should not be made at the expense of clearing the existing backlog – they should go hand in hand.”
Angell highlighted the crucial role transparency plays in maintaining public trust and emphasized that compliance with freedom of information requests is integral to achieving this.
As a response to the enforcement notice, GMP is required to devise and publish an action plan within 35 days, outlining how it will address information requests promptly and clear the backlog of late requests by July 31, 2024.
The ICO’s stern warning highlghts the significance of timely and transparent responses to FoI requests, signaling a potential precedent for other organizations facing similar issues.
This enforcement action is a reminder of the importance of upholding principles of transparency and accountability, particularly for law enforcement agencies tasked with maintaining public trust.
The ICO’s findings should act as a warning to other organizations, highlighting the consequences of neglecting Freedom of Information obligations.
Ian Cosh, Senior Informaton Risk Owner (SIRO) at Greater Manchester Police, said in a statement: “GMP takes the Enforcement Notice issued by the Information Commissioner’s Office (ICO) incredibly seriously and has an action plan in place, which is already in motion, enabling the force to respond timely to incoming requests, while managing an unprecedented volume of requests in recent years.
“GMP are committed to transparency and upholding individuals’ access rights, and since receiving the Practice Recommendation from the ICO in February, GMP has engaged in positive discussions with the ICO. We have introduced a robust action plan which includes new practices and processes to better service the public’s right to request information, which has already delivered positive results.
“This action plan includes reprioritising existing force resources into the team, as well as recruiting new staff, some of whom have already started with us.
“GMP has focused on delivering long-term and sustainable improvement in our information access service. As a result, our compliance rate has improved significantly, exceeding 80% consistently over the last four months and the national average for police forces which currently stands at 76%.
“I do not take these steps in the right direction as complacency, but I want to provide the public reassurance that I’m confident that our action plan will result in us managing outstanding requests in a timely manner and maintaining compliancy with statutory requirements.”