Summary: The complainant requested the public authority-™s review into how people in polygamous marriages are treated within the benefits system. The public authority explained to the complainant that the information it held which fell within the scope of his request consisted of four submissions to Ministers. However, it considered these submissions to be exempt from disclosure on the basis of section 35(1)(a). This decision was upheld at internal review. Some months later the public authority provided the complainant with all of the factual and/or background information contained within the submissions. However it continued to withhold the remaining information on the basis of section 35(1)(a) and added that some of the remaining information was also exempt from disclosure on the basis of section 42(1). The Commissioner has concluded that although all of the remaining information falls within the scope of section 35(1)(a), the public interest favours disclosing this information. However, the Commissioner is satisfied that for the small amount of information which also falls within the scope of section 42(1) the public interest favours withholding this information. Information Tribunal appeal EA/2010/0074 withdrawn.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 35 - Complaint Upheld, FOI 42 - Complaint Not upheld