Information Commissioner's Office

Summary: The complainant has requested documents relating to the decision by the Ministry of Justice (MOJ) on a tender for business submitted by a named firm of solicitors. The Commissioner-�s decision is to uphold part of the complaint. He found that MOJ had disclosed some of the information requested on 5 February 2013. The Commissioner accepted that some of the requested information was not held, and noted that MOJ had relied upon section 43(2) FOIA to withhold other information which the Commissioner has not considered. The Commissioner found that MOJ had been wrong to rely on section 17(6) FOIA in not responding to one of the complainant-�s letters of 19 April 2013. He requires MOJ to respond to the 5 February 2013 request for -�The [MOJ-�s] initial decision on the applicant-�s tender-�, as clarified on 19 April 2013 to include -�The initial decision letter on this tender-�. The Commissioner decided that the remainder of the complainant-�s letter of 19 April 2013 had correctly been found to be vexatious and that the complainant had been told this on 20 May 2013. The Commissioner requires MOJ to respond to the complainant-�s 5 February 2013 request for -�The LSC-�s initial decision on the applicant-�s tender-�, as clarified on 19 April 2013 to include -�The initial decision letter on this tender-�.
Section of Act/EIR & Finding: FOI 14 - Complaint Not upheld, FOI 17 - Complaint Upheld