Information Commissioner's Office

Department for Children Schools and Families

27 October 2008, Central government

The complainant requested copies of correspondence to and from the (then) Department for Education and Skills (DFES) (now the Department for Children, Schools and Families (DCSF)) concerning correspondence with him. The public authority provided some information, but withheld other information citing the exemption in section 42 (legal professional privilege). The Commissioner finds that the public authority was not obliged to comply with section 1(1) of the Act on the basis of the exemption contained at section 40(1) and (5). The Commissioner also found that the public authority had breached sections 10(1) and 17(1) of the Act by late disclosure of some of the requested information and by failing to issue a refusal notice within 20 working days of receiving the request.

FOI 10: Upheld FOI 17: Upheld