Information Commissioner's Office

Home Office

6 October 2015, Central government

The complainant requested information relating to a change in the process by which failed asylum seekers may make further submissions in support of their claim. The Home Office withheld this information under the exemptions provided by sections 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and to the free and frank exchange of views) of the FOIA. The Commissioner’s decision in relation to almost the entirety of the withheld information is that sections 36(2)(b)(i) and (ii) were cited correctly and so the Home Office was not obliged to disclose this information. However, in relation to one document the conclusion of the Commissioner is that these exemptions are not engaged and so the Home Office is now required to disclose this information. The Commissioner requires the Home Office to disclose the 13 January 2015 letter. 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 36: Partly upheld