Information Commissioner's Office

Jobcentre Plus

18 December 2007, Central government

The complainant requested the number of complaints received by Jobcentre Plus, an executive agency of the public authority, against a specifically named doctor. The doctor was engaged by the public authority via an outsource contractor to assess health for the purposes of considering eligibility for Disability Living Allowance. The public authority originally cited section 40. During the Commissioner’s investigation, the public authority sought to rely on section 3(2) of the Act, stating that complaints information is not held by it for the purposes of the Act as it is held by the contractor as part of its role as an employer. The Commissioner’s decision is that the information, if held, would be held on behalf of the public authority in accordance with section 3(2) but the public authority should not confirm or deny whether it is held as section 40(5) applies.

FOI 3: Upheld