11 September 2014, Central government
The complainant requested copies of correspondence which mentioned the Howard League for Penal reform over a 20 month period. The Ministry of Justice (the ‘MOJ’) responded and said that determining whether any information was held would exceed the cost limit (section 12(2)) of the FOIA. The Commissioner considers that section 12(2) of the FOIA was applied correctly in this case. However, the MOJ breached section 10(1) of the FOIA as it did not respond to the request within 20 working days. By failing to provide adequate advice and assistance, the MOJ also breached section 16(1) of the FOIA. The Commissioner requires no remedial steps to be taken.
FOI 10: Upheld FOI 12: Not upheld