Information Commissioner's Office

Cabinet Office

30 September 2015, Central government

The complainant requested information relating to polling research regarding the then impending Scottish independence referendum. The Cabinet Office provided some information to the complainant, but refused the remainder under section 22(1)(a) and 35(1)(a) of the Freedom of Information Act 2000 (the Act). The Cabinet Office also stated that should section 22(1)(a) be overturned there was information being withheld under that exemption which was exempt under sections 35(1)(a), 43(1) and 43(2) of the Act. The Commissioner’s decision is that on the balance of probabilities the Cabinet Office provided to the complainant all of the held information relating to who commissioned the work from Ipsos MORI to which exemptions were not applied. He also considers that sections 22(1)(a), 35(1)(a), and 43(2) of the Act have, ultimately, been correctly applied. He has not considered whether section 43(1) applies because the relevant information was also withheld under section 43(2). However, the Cabinet Office breached section 17(1) of the Act for failing to inform the complainant that sections 22(1)(a), 43(1) and 43(2) applied when it issued its initial refusal notice. The Commissioner requires no further action to be taken by the public authority in respect of this matter.

FOI 17: Upheld FOI 22: Not upheld FOI 35: Not upheld FOI 43: Not upheld