Information Commissioner's Office

Summary: The complainant sought the identities of the legal advisers in the Home Office and the status of their education and professional qualifications. The Home Office refused the request under section 21 of the Act as it stated that some of the information was accessible to the applicant by other means. The Home Office withheld the remaining information under sections 36(2)(c) and 36(2)(b) of the Act. The Commissioner found that the Home Office had incorrectly applied section 21 of the Act as the Home Office did not provide a precise link or other direct reference to the information and so was not reasonably accessible to the complainant. The Commissioner also found that section 36(2)(c) was engaged in relation to all of the withheld information but that section 36(2)(b) was not. However the Commissioner decided that the public interest in maintaining the exemption did not outweigh the public interest in favour of disclosing of the information. Therefore the Commissioner requires the Home Office to disclose the requested information to the complainant. Information Tribunal appeal EA/2010/0057 withdrawn.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 21 - Complaint Upheld, FOI 36 - Complaint Upheld