Home Office (Central government) [2018] UKICO fs50701932 (2 May 2018)
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Home Office
The complainant requested information about citizenship applications refused under the good character requirement. The Home Office refused the request on cost grounds under section 12(1) of the FOIA. The Commissioner’s decision is that the Home Office applied section 12(1) incorrectly as it did not estimate reasonably that the cost of the request would exceed the limit. She also finds that in failing to advise and assist the complainant on how to refine his request to bring it within the cost limit, the Home Office breached section 16(1) of the FOIA. It is now required to write to the complainant with a fresh response to his request. The complainant requested information about citizenship applications refused under the good character requirement. The Home Office refused the request on cost grounds under section 12(1) of the FOIA. The Commissioner’s decision is that the Home Office applied section 12(1) incorrectly as it did not estimate reasonably that the cost of the request would exceed the limit. She also finds that in failing to advise and assist the complainant on how to refine his request to bring it within the cost limit, the Home Office breached section 16(1) of the FOIA. It is now required to write to the complainant with a fresh response to his request.
FOI 12: Complaint upheld
FOI 16: Complaint upheld
Decision notice: fs50701932
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50701932.html
