Information Commissioner's Office

Home Office

29 July 2015, Central government

The complainant requested a report of an investigation into the restraining whilst in hospital of an immigration detainee, who died shortly after the restraint was removed. The Home Office refused to disclose this information and cited the exemption provided by section 38(1)(a) (endangerment to health and safety) of the FOIA. The Commissioner’s decision is that section 38(1)(a) is not engaged in relation to some of the content of the report, and, in relation to the remainder of the content, that this exemption is engaged and the public interest in the maintenance of the exemption outweighs the public interest in disclosure. The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation. Disclose the following parts of the report: Cover sheet and contents (pages 1 and 2), Paragraphs 1.1 to 1.5 – executive summary, Paragraph 2 – terms of reference, Paragraphs 3.1 to 3.2 – methodology, Paragraphs 8.1 to 8.16 – recommendations. 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. This decision notice is currently under appeal to the Tribunal.

FOI 38: Partly upheld