Ministry of Defence (Central government) [2023] UKICO 262191 (2 November 2023)
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Ministry of Defence
The complainant requested information from the Ministry of Defence (the public authority). By the date of this notice the public authority had not issued a substantive response to this request. The Commissioner’s decision is that the public authority has failed to complete its deliberations on the balance of the public interest test within a reasonable time frame and has therefore breached section 17(3) of FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: either disclose the information it has confirmed it holds, or, to the extent that information is to be withheld, issue a refusal notice in accordance with the requirements of section 17 of the FOIA. The public authority must take this step within 35 calendar days of the date of this notice.
FOI 17(3):
Complaint upheld
Decision notice: 262191
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URL: http://www.bailii.org/uk/cases/UKICO/2023/262191.html