Information Commissioner's Office

National Offender Management Service

14 May 2008, Central government

The complainant requested information relating to the Office of Surveillance Commissioner inspection of HM Prison Service. The public authority replied that section 31(1)(f) (maintenance of security and good order in prisons) was engaged and that it would carry out a public interest determination within a target timeframe. The Commissioner finds that section 17(1)(c) was breached at this point as the public authority failed to inform the complainant why the exemption was engaged. The timeframe was readjusted on three separate occasions before the complainant complained to the Commissioner. The Commissioner finds a delay of over six months in carrying out a public interest determination a breach of section 17(3) to be unreasonable. The public authority is required to issue a notice explaining why section 31(1)(f) is engaged and where it believes the balance of the public interest lies. If the public authority concludes that the balance of the public interest favours disclosing the information or no longer considers the exemption to apply, the information should be provided to the complainant.

FOI 17: Upheld