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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Justice (Decision Notice) [2011] UKICO FS50366723 (17 May 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50366723.html
Cite as: [2011] UKICO FS50366723
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Ministry of Justice (Decision Notice) [2011] UKICO FS50366723 (17 May 2011)
Summary: On behalf of his mother the complainant requested information under the Freedom of Information Act 2000 (the -˜Act-™) from the Tribunals Service of the Ministry of Justice. The Commissioner has investigated and finds that, while a response was provided by a branch of the Tribunals Service which explained that the information could not be provided until the associated appeal process had been concluded, no formal response was provided under the Act. Accordingly, no refusal notice was issued and the complainant was not offered the opportunity to request an internal review of the decision made. The public authority was in breach of its procedural obligations under the Act as a consequence. The request should be dealt with under the provisions of the Act, and the Commissioner requires the Ministry of Justice to respond to the complainant confirming or denying whether information is held. If information is held the Ministry of Justice should either disclose the information to the complainant or issue a valid refusal notice under section 17 of the Act.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld