Information Commissioner's Office

Summary: The complainant has requested copies of all correspondence and emails between Ministers and officials and a named individual since May 2010. The Department for Energy and Climate Change (-�DECC-�) confirmed to the complainant that it held information that fell under her request. However, it also informed her that it was unable to give her a full response as it was still considering the public interest test in relation to sections 35 and 43 of the FOIA. Subsequently the DECC contacted the complainant on several occasions and informed her (on each of these occasions) that it needed additional time in order to consider the public interest on this case. By failing to provide the complainant with a full response within a reasonable time period, the Commissioner-�s decision is that the DECC has breached section 10(1) of the FOIA. Although the DECC has complied with section 17(1) in stating which exemptions are being relied upon, it has failed to comply with section 17(3) by failing to communicate the outcome of the public interest consideration within a reasonable time. The Commissioner requires the DECC to respond to the complainant-�s request, either by disclosing the requested information or by issuing a refusal notice which includes the outcome of the public interest considerations.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Partly Upheld