Information Commissioner's Office

HM Revenue and Customs

24 July 2008, Central government

The complainant asked the public authority for information relating to draft regulations referred by the public authority to the Social Security Advisory Committee, and to the Committee’s consequent advice and reports to the public authority. The public authority provided information about the draft regulations, and required an extension of time to consider the public interest test regarding the advice and reports, after which it concluded that that information was exempt under section 36(2)(b) and (c). During the course of the Commissioner’s investigation the public authority decided that the balance of the public interest now favoured disclosure of the remaining information. However, the Commissioner decided that the public authority failed to comply with its duty to issue the refusal notice within the time limit set out in section 10(1), which constitutes a breach of section 17(1) of the Act, and also extended the time to consider the public interest test unreasonably, a breach of section 17(3).

FOI 10: Upheld FOI 17: Upheld FOI 17: Upheld