Information Commissioner's Office

Ministry of Justice

20 November 2007, Central government

The complainant requested for access to all correspondence undertaken, and minutes of meetings between officials at the DCA and the West Midlands Magistrates Court Committee (WMMCC) regarding a letter issued to all magistrates in Coventry dated 12 May 2004. This letter stated that several magistrates had reported to court official’s racist comments made by fellow magistrates. The public authority refused to disclose the requested information citing sections 21, 36 and 42 of the Freedom of Information Act 2000. After a careful evaluation of the requested information, the submissions of the parties and the relevant provisions of the Act, the Commissioner’s decision is that the public authority had validly applied the section 21 and 42 of the Act. With regard to section 36, the Commissioner found that the DCA had validly applied the exemption to parts of the information, and that it was in the public interest to partially disclose other parts of the requested information. The Commissioner has therefore ordered the Ministry of Justice to disclose a redacted version of the relevant information to the Complainant. The Commissioner has also found that the public authority had breached section 17(1) of the Act.

FOI 17: Upheld