30 August 2007, Central government
The complainant requested information relating to the consideration by the Department for Work and Pensions (“the DWP”) of the compliance with the Human Rights Act 1998 of the clauses in the then Child Support, Pensions and Social Security Bill introduced into Parliament in January 2000. The complainant also requested information relating to the consideration of compliance with the Human Rights Act 1998 of the new child support scheme in March 2003. The Commissioner finds that the DWP delayed in issuing a refusal notice, which stated that it was withholding the information under section 35 and section 42 of the Freedom of Information Act 2000 (“the Act’’) and therefore breached section 17 of the Act. The Commissioner also finds that the DWP was correct to withhold the information under section 42 (legal professional privilege) of the Act. The Commissioner has not considered whether the DWP was correct to withhold the information under section 35 of the Act as the information is exempt under section 42.
FOI 17: Upheld