Information Commissioner's Office

Department for Business Innovation and Skills

12 August 2015, Central government

The complainant has requested a copy of the contract between the Department for Business, Innovation and Skills (‘DBIS’) and the consortium delivering the Manufacturing Advisory Service (‘MAS’) programme. DBIS provided a significant amount of information but withheld some of the requested information under sections 43(2) and 40(2). The Commissioner’s decision is that DBIS has correctly applied section 43(2). However, DBIS has incorrectly applied section 40(2) of the FOIA in this case. The Commissioner requires the public authority to disclose the information withheld under section 40(2) insofar as it relates to the details of senior employees of DBIS and its contractors. 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. This decision notice is currently under appeal to the Tribunal.

FOI 40: Upheld FOI 43: Not upheld