Information Commissioner's Office

Ministry of Justice

29 April 2008, Central government

The complainant requested copies of the responses the Ministry of Justice (‘MoJ’) had received in response to the Fundamental Legal Aid Review which was a policy review of legal aid provision. The complainant also requested a schedule of these responses. The MoJ refused to disclose these responses on the basis that they were exempt from disclosure under section 35(1)(a) of the Act. The MoJ also explained that in its opinion it did not hold a schedule of the responses. The Commissioner has concluded that the responses are exempt from disclosure on the basis of section 35(1)(a) and that the public interest favours withholding this information. However, the Commissioner has also concluded that the MoJ does hold a schedule of responses and that disclosure of an anonymised version of this schedule (i.e. with respondents’ names removed) is in the public interest.

FOI 1: Upheld