Information Commissioner's Office

Ministry of Justice

30 June 2015, Central government

The complainant requested information relating to guidance provided to the Legal Aid Agency on Exceptional Case Funding. The Ministry of Justice (MoJ) confirmed it held information within the scope of the request. It provided some of that information but refused to disclose the remainder citing section 42(1) of FOIA (legal professional privilege). The Commissioner’s decision is that section 42(1) is not engaged and the information was therefore withheld incorrectly. The Commissioner requires the public authority to disclose the withheld information. The public authority 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 Act and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.

FOI 42: Upheld