16 October 2014, Central government
The complainant requested information relating to Judicial Review applications, in particular applications which are Aarhus Convention claims. The Ministry of Justice (MoJ) considered the request in accordance with the FOIA and applied section 12 (cost of compliance exceeds the appropriate limit).The Commissioner’s decision is that the FOIA was the appropriate access regime in this case and that MoJ correctly applied section 12 of FOIA. However, he considers that it failed to comply with its obligation under section 16 of FOIA. The Commissioner requires the public authority to provide the complainant with advice and assistance under section 16 FOIA to enable her to make a refined request. Information Tribunal appeal EA/2014/0287 withdrawn.
FOI 12: Not upheld FOI 16: Upheld