Information Commissioner's Office

Cabinet Office

17 August 2015, Central government

The complainant requested information relating to the public duty cost allowance afforded to former Prime Ministers of the UK. The Cabinet Office refused the request under sections 21(1), 22(1) and 40(2) of the Freedom of Information Act 2000 (the Act). During the course of the investigation the Cabinet Office sought to rely on sections 12(1) and 41(1) of the Act.  The complainant has not sought to appeal against the Cabinet Office’s use of sections 12(1), 21(1) and 22(1) so the Commissioner has not included this in his decision. The Commissioner’s decision is that the Cabinet Office is entitled to refuse the request under section 41(1) of the Act. He also finds that the Cabinet Office breached section 17(1) with its late citation of section 41(1). However, as a valid refusal notice has been issued no steps are required. This decision notice is currently under appeal to the Tribunal.

FOI 17: Upheld FOI 41: Not upheld