Information Commissioner's Office

Ministry of Justice

23 July 2015, Central government

The complainant requested details about numbers of cases with legal representation heard by a specified tribunal over a specified time period. The Ministry of Justice (the ‘MOJ’) refused to provide the requested information on the basis that to ascertain whether or not the information is held would in itself exceed the appropriate cost limit in section 12(2) of FOIA. During the course of the investigation, however, the MOJ confirmed that details of the type of legal representation at appeal hearings is recorded on an ‘attendance form’ which is held on either the paper or electronic appeal hearing case file. As it is clear that the requested information is held, the Commissioner’s decision is that the MOJ incorrectly cited section 12(2). He therefore requires the public authority to take the step detailed in paragraph 3. The MOJ also breached section 10 of FOIA by failing to respond to the request within 20 working days. The Commissioner requires the public authority issue a fresh response to the request set out in paragraph 5 of this notice. 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.

FOI 10: Upheld FOI 12: Upheld