Information Commissioner's Office

Cabinet Office

3 February 2015, Central government

The complainant made requests to the Cabinet Office for information relating to the Denning Report (published in 1963 following Lord Denning’s inquiry into the Profumo Affair). The Cabinet Office refused to comply with these requests citing section 12 (Exceed Costs Limit). It upheld this position at internal review. Having considered the Cabinet Office’s submissions, the Commissioner does not agree that to ascertain whether or not the information is held would in itself exceed the appropriate limit in this case. He therefore does not uphold the Cabinet Office’s use of section 12 in this case. He also finds that the Cabinet Office contravened its obligations under section 16 (Advice and Assistance) in respect of these requests. The Commissioner requires the public authority to issue a fresh response to the complainant that does not rely on section 12 as its basis for refusing to confirm or deny whether the information is held. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 12: Upheld FOI 16: Upheld