Information Commissioner's Office

Home Office

10 October 2007, Central government

The complainant requested a copy of an official speedmeter handbook and also a copy of the associated approved setup manual. The Home Office (the “public authority”) informed the complainant that he had already been supplied with the former document but refused the latter document claiming that the information was exempt from disclosure under sections 41 and 43 of the Freedom of Information Act 2000 (“the Act”). After conducting an internal review, the public authority later varied this to section 43 only. In further correspondence with the Commissioner the public authority sought to re-introduce section 41 and also section 31(1)(a) and (b). After considering the submissions of both parties the Commissioner concluded that none of the exemptions cited had been appropriately applied and that therefore the public authority was in breach of section 1(1) of the Act. Consequently, the complaint is upheld and the Commissioner has ordered the public authority to disclose the requested information to the complainant.

FOI 17: Upheld