Information Commissioner's Office

Ministry of Justice

8 June 2015, Central government

The complainant requested information relating to the Rehabilitation Programme, including reports of business readiness. The Ministry of Justice (MoJ) confirmed that it held some relevant information but refused to disclosed it citing sections 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and exchange of views) and 36(2)(c) (other prejudice to the effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that section 36(2)(c) is not engaged and that, with respect to some of the information withheld by virtue of section 36(2)(b), the public interest favours disclosure. The Commissioner also found a small amount of information should have been withheld by virtue of section 40(2) (personal information). The Commissioner requires MoJ to disclose the information incorrectly withheld under sections 36(2)(b) and (c), with the personal data in relation to which section 40(2) is engaged redacted. 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 36: Upheld FOI 40: Not upheld