Information Commissioner's Office

Summary: The complainant requested information relating to any review carried out or planned of the 2.5% expected rate of return from the investment of a sum awarded for damages set out in the Damages (Personal Injury) Order 2001. The public authority refused to confirm or deny whether it held information falling within the scope of the request and cited the exemption provided by section 35(3) (information relating to the formulation or development of government policy). The Commissioner finds that this exemption is engaged, but that the public authority concluded incorrectly that the public interest in the maintenance of this exemption outweighed the public interest in disclosure and, in failing to provide confirmation or denial within twenty working days of receipt of the request, failed to comply with the requirements of sections 1(1)(a) and 10(1). The Commissioner also finds that the public authority did not comply with the requirements of section 17(1) in that it failed to provide a valid refusal notice within 20 working days of receipt of the request. The public authority is required to provide to the complainant confirmation or denial of whether the requested information is held. For any information that is held, the public authority is required to either disclose this, or provide a reason valid under the Act for why this will not be disclosed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 35 - Complaint Upheld