Home Office (Central government) [2023] UKICO 243039 (30 October 2023)
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Home Office
The complainant requested information relating to the monitoring of legal practitioners as referenced by the Minister of State for Immigration. The Home Office refused to provide any of the requested information, citing three limbs of section 36(2) of FOIA (the exemption for prejudice to the effective conduct of public affairs). During the course of the Commissioner’s investigation, the Home Office additionally cited section 31(1)(a) of FOIA (the exemption for the prevention or detection of crime), for all the requested information. The Commissioner’s decision is that the Home Office was entitled to rely on sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) of FOIA to refuse the request, and he finds that the balance of the public interest favours maintaining the exemptions. As he has found section 36 to be engaged, the Commissioner has not deemed it necessary to consider the Home Office’s additional reliance on section 31(1)(a) of FOIA. No steps are required as a result of this notice.
FOI 36:
Complaint not upheld
Decision notice: 243039
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URL: http://www.bailii.org/uk/cases/UKICO/2023/243039.html
