Information Commissioner's Office

Home Office

8 April 2015, Central government

The complainant requested information relating to guidance issued to immigration officials concerning the implications of a court case. A delay ensued which the complainant alleged was the result of the Home Office failing to send a request for clarification when it claimed it had done so. Upon responding to the request, the Home Office disclosed the majority of the information, but withheld names of officials under the exemption provided by section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that on the balance of probabilities the Home Office had sent a request for clarification at the time it claimed to have done and so there is no breach of the FOIA in relation to this allegation by the complainant. The Commissioner also finds that the Home Office cited section 40(2) correctly, but that it breached section 17(1) of the FOIA by failing to respond within 20 working days following the eventual provision of a clarified request by the complainant. That breach does not necessitate remedial action.   

FOI 40: Not upheld