Department for Work and Pensions (Central government) [2023] UKICO 163512 (21 March 2023)
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Department for Work and Pensions
The complainant has requested information about stats and briefings produced relating to three policy areas. The Department of Work and Pensions (“DWP”) refused the request. The Commissioner’s decision is that, in respect of part [1] of the request, DWP has breached section 1(1) of FOIA by failing to confirm what information is held within scope of the request. The Commissioner also finds that DWP has not complied with section 17(5) of FOIA as it did not provide the complainant with a refusal notice stating which exemptions it is relying on to refuse the request. Furthermore, the Commissioner finds that, while the exemption is not explicitly stated within DWP’s responses to both the complainant and the Commissioner, DWP has not sufficiently demonstrated that section 12(1) is engaged therefore it is not entitled to rely on the exemption to refuse the request. The Commissioner requires DWP to issue the complainant with a fresh response to part [1] of the request that does not rely on section 12(1) as a basis for refusal. If DWP wishes to apply other exemptions, it must provide the complainant with a valid refusal notice that meets the requirements of section 17(1) of FOIA.
FOI 12(1):
Complaint upheld
FOI 1(1):
Complaint upheld
FOI 17(5):
Complaint upheld
Decision notice: 163512
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URL: http://www.bailii.org/uk/cases/UKICO/2023/163512.html
