18 August 2014, Central government
The complainant requested information about a tender bid process in 2010 for legal aid work from the Legal Aid Agency, which is an executive agency of the Ministry of Justice (the ‘MOJ’). The request was refused on the basis that the MOJ deemed it vexatious in accordance with section 14(1) of FOIA because the complainant was acting as part of a campaign. The Commissioner’s decision is that the MOJ has incorrectly applied section 14(1) of FOIA to this request. During the investigation, the MOJ said that it would seek to rely on section 44(1)(c), prohibitions on disclosure if the Commissioner found that section 14(1) was not engaged. The Commissioner finds that section 44(1)(c) is engaged in relation to this request. Information Tribunal appeal EA/2014/0226 dismissed.
FOI 14: Partly upheld FOI 44: Not upheld