Information Commissioner's Office

Home Office

30 March 2015, Central government

The complainant requested a file listed by the National Archives, but retained by the Home Office, that concerned Scottish devolution. The Home Office initially refused the request under section 22(1) (information intended for future publication) of the FOIA, but withdrew that exemption at internal review. Although it was not relying on any grounds from the FOIA to continue to withhold the information, it stated that circumstances meant that it was unable to disclose this information, but that it would imminently be available at the National Archives (TNA). This information remained unavailable by the date of this decision notice. The Commissioner’s decision is that in failing to disclose the requested information within 20 working days of receipt of the request, the Home Office breached sections 1(1)(b) and 10(1) of the FOIA. The Commissioner has also found the Home Office in breach of the section 16(1) duty to provide advice and assistance and it is now required to take action to remedy that breach. The Commissioner requires the Home Office to provide advice to the complainant on how his request can be progressed with the appropriate public authority in the current circumstances. 

FOI 1: Upheld FOI 10: Upheld FOI 16: Upheld