Information Commissioner's Office

Home Office

8 June 2015, Central government

The complainant has requested in relation to two Immigration Removal Centres, self-audit reports prepared by the contractors running those centres. The Home Office withheld this information under the exemptions provided by sections 41(1) (information provided in confidence) and 43(2) (prejudice to commercial interests) of the FOIA. The Commissioner’s decision is that section 41(1) was not engaged and that section 43(2) was engaged, but that the public interest in the maintenance of the exemption did not outweigh the public interest in disclosure of the information. The Commissioner has also proactively considered section 40(2) (personal information) and found this engaged in relation to a small amount of the content of the reports. The Home Office is now required to disclose the reports with the minor content in relation to which section 40(2) is engaged redacted. The Commissioner requires the Home Office to disclose the two reports, with names of detainees redacted. The Home Office 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 FOIA and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.

FOI 40: Not upheld FOI 41: Upheld FOI 43: Upheld