IN THE FIRST TIER TRIBUNAL (INFORMATION RIGHTS) 
BETWEEN:

COMMISSIONER OF POLICE OF THE METROPOLIS
Appellant

and

THE INFORMATION COMMISSIONER
Respondent

 

CONSENT ORDER

 

Pursuant to rule 37(1) of the Tribunal Procedure (First-tier Tribunal) (General
Regulatory Chamber) Rules 2009, upon reading the parties' agreed statement (in
Annex A),

IT IS ORDERED BY CONSENT THAT:

1. The appeal be allowed.

2. The Decision Notice dated 27 May 2010 to be substituted in the
terms set out in Annex B.

3. No further steps are required to be taken by the Appellant.

4. There be no order for costs.

Dated this 16'? day of November 2010

 

. 
Signed: 67/ .. LJ
Dated:  Dated:  
Mark Thorogood for Director of Legal Services
Solicitor for the Respondent Metropolitan Police Service
Information Commissioner New Scotland Yard
Wycliffe House Broadway
Wilmslow London SW1H OBG

Cheshire SK9 5AF Solicitor for the Appellant

ANNEX A

Stemment of reasons for consent order

1. This appeal ooncemed the Respondent's Decision Notice FS50219518. That
Notice sets out the terms of the original information request at paragraph 2.

2. In its review of 2 September 2008, the Appellant had con?rmed that it held
information falling within the request. but withheld that information relying on
sections 23(1), 24(1). 31(1), 38(1) and 40(2) of the Freedom of information Act
2000.

3. In the said Decision Notice, the Respondent decided that the Appellant was
correct to withhold certain parts of the information falling within the terms of the
request under section 23. However he also determined that the rest of the
information was not exempt and ordered that it be disclosed.

4. The Appellant appealed against the Decision Notice citing sections 24 and 31.

5. In or about October 2010 the Appellant ascertained that all of the information it
held fell within section 23. In the light of material ?led and served during the
course of this Appeal, the Respondent now accepts that all of the inionnation
held in this case is subject to the absolute exemption in section 23, on the basis
that it relates to the work of one of the bodies listed at section 23(3). The
Respondent now accepts that the information at issue in this appeal need not be
disclosed and the parties agree that the Appellant is not required to take any
further steps. The Respondent has, however, written to the original requester in
broad terms to advise him of the change in the Respondent?s position and invited
him to make any rapresentations to the Tribunal which he sees 

6. In view of all the circumstances and subject to the Tribunal's views, the parties
jointly submit that it is appropriate for these proceedings to be concluded by way

of consent order, and that it is appropriate for the Tribunal to consider their joint
application without holding a hearing (as envisaged by rule 

ANNEX 
1. The requested information in this case (as identi?ed at paragraph 2 of the
Decision Notice) is exempt under section 23(1) FOIA on the basis that it relates

to the work of one of the bodies listed at section 23(3).

2. No further steps are required to be taken.