[2025] UKUT 171 (AAC)

The Second Respondent convened a police misconduct panel under the Police (Conduct) Regulations 2012 between 19 October 2020 and 08 January 2021. I refer to the Second Respondent in this decision as: “Hampshire Constabulary”.

The police misconduct panel (“PMP”) was convened to consider allegations of gross misconduct against six police officers based within Hampshire Constabulary’s Serious and Organised Crime Unit, based on covert recordings of what appeared to be homophobic, racist and sexist remarks. The hearing led to the PMP dismissing three of the officers without notice for gross misconduct, two would have been dismissed had they remained members of a police force, and one officer was given a final written warning.

Paragraph 6 of the PMP’s decision recorded that the hearing was held in public, but that due to the need to maintain social distancing as a result of the COVID-19 pandemic, the hearing was fed by live link to another venue where members of the public attended. Certain members of the public, specifically journalists, were permitted to attend the hearing remotely. The hearings were reported in the media.

On 18 January 2021, Rabbi Kanter-Webber requested information in respect of the hearing from Hampshire Constabulary. His request stated:

“Please disclose an electronic copy of:

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The written outcome,

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The decision on sanction, and

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The transcript, or, if there is no transcript, the audio recording of the disciplinary proceedings reported.”

Hampshire Constabulary responded to Rabbi Kanter-Webber’s request on 19 February 2021, sending him a link to a short summary of the written outcome and the decision on the sanction. Hampshire Constabulary refused, however, to disclose the transcript or audio recording. It relied on the exemption set out in section 31(1)(g) of FOIA, which in turn relied on the purposes set out in section 31(2)(a) and (b) of that Act.

Rabbi Kanter-Webber requested a review and Hampshire Constabulary maintained the decision to rely on the exemption under section 31 of FOIA. On 15 March 2021, Rabbi Kanter-Webber complained to the Information Commissioner (“ICO”) about Hampshire Constabulary’s reply. The ICO wrote to Hampshire Constabulary on 14 September 2021, which issued a revised response on 29 September 2021. This relied on exemptions provided by sections 32 and 40 of FOIA in addition to the exemption under section 31.

On 05 April 2022, ICO issued a decision notice upholding Hampshire Constabulary’s reliance on section 31 of FOIA. The ICO decided that as this applied to all of the withheld information, he did not need to consider Hampshire Police’s reliance on the other stated exemptions.