Information Commissioner's Office

Home Office

29 July 2015, Central government

The complainant requested statistical information from the Violent and Sex Offender Register (ViSOR). The Home Office stated that, as it managed ViSOR for the police rather than for its own purposes, it did not hold the information on ViSOR for the purposes of the FOIA. The Commissioner’s decision is that at the time of the request the Home Office did hold the information on ViSOR for the purposes of the FOIA and so it was in breach of section 1(1)(a) of the FOIA in stating that this information was not held. It is now required to provide a fresh response to the request on the basis that the requested information is held and either disclose the requested information, or specify the section of the FOIA under which this information is withheld. The Commissioner requires the Home Office to provide a response to the request that is compliant with section 1(1) of the FOIA. 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 1: Upheld