Information Commissioner's Office

Department for Work and Pensions

8 June 2015, Central government

The complainant has requested information regarding Work Capability Assessments used in determining eligibility for state benefits. The Department for Work and Pensions relied on sections 12 and 22 to withhold different types of held information. The Commissioner’s decision is that the Department for Work and Pensions has incorrectly applied section 22 to withhold part of the requested information. However it correctly relied on section 12 to withhold a different part of the information requested. The Commissioner requires the public authority to disclose the information requested as regards the total number of people who have died within a year of their work capability assessment since May 2010. 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 12: Not upheld FOI 22: Upheld