Home Office (Central government) [2019] UKICO fs50812426 (9 April 2019)
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Home Office
The complainant requested a copy of the Home Office Homicide Index with entries covering an 18 year period. The Home Office refused to provide the requested information, initially citing sections 31 (law enforcement), 38 (health and safety) and 40 (personal information) of the FOIA. Following its internal review and the complainant’s modified request, the Home Office instead cited sections 14(1), (vexatious request) on the grounds that responding to the request would place a grossly oppressive burden on it and 12(1) (cost of compliance). During the course of the Commissioner’s investigation, the Home Office advised that it wished to rely only on section 14(1). The Commissioner’s decision is that request was vexatious and so section 14(1) applied and the Home Office was not obliged to comply with it. She also finds there was no breach of section 16(1) of FOIA (duty to provide advice and assistance) in this case. The Home Office is not required to take any steps as a result of this decision notice.
FOI 14:
Complaint not upheld
FOI 16:
Complaint not upheld
Decision notice: fs50812426
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50812426.html
