Information Commissioner's Office

Home Office

7 May 2015, Central government

The complainant requested information relating to the attendance of the Prime Minister and Home Secretary at an immigration raid. The Home Office refused to disclose this information and cited the exemptions provided by sections 36(2)(b)(ii) (inhibition to the free and frank exchange of views) and 23(5) (information relating to, or supplied by, security bodies) of the FOIA.  The Commissioner’s decision is that the Home Office cited section 36(2)(b)(ii) correctly in relation to the majority of the information and so it was not obliged to disclose that information. He also finds that section 23(5) was engaged so the Home Office was not obliged to confirm or deny whether it held any further information. However, section 36(2)(b)(ii) was not engaged in relation to some of the information withheld and the Home Office is now required to disclose that information.  The Commissioner requires the Home Office to disclose the relevant paragraph from the 22 July 2014 email in relation to which section 36(2)(b)(ii) was not engaged. 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.

FOI 23: Not upheld FOI 36: Partly upheld