Information Commissioner's Office

Ministry of Justice

25 June 2007, Central government

The complainant requested a copy of the Report that was produced following the disciplinary hearing of a named Magistrate. The request was refused and section 40 and 36 exemptions cited as reasons for non-disclosure. The DCA did not comply with sections 10 and 17 of the Act in this respect as the refusal notice was provided outside of the requisite 20 working days and did not cite exemptions that the DCA eventually wished to rely upon in addition to the above (sections 31 and 41). The Commissioner has decided however, that although the details of it were cited late in the course of the matter, the DCA’s application of the exemption at section 40(2) of the Act was correct and the complaint is therefore not upheld in that respect. The request for information was made to the DCA in March 2005. The DCA has now ceased to exist and its functions have transferred to the Ministry of Justice (“MOJ”). Therefore this decision notice has been served on the MOJ, the public authority listed above.

FOI 10: Upheld