21 September 2015, Central government
The complainant requested information from the Ministry of Justice (the ‘MOJ’) about the number of cases struck out as a result of administrative errors. The MOJ sought further clarification of the request which the complainant provided on two occasions. However, the MOJ said it requires the complainant to clarify the information she is seeking before it can respond; citing section 1(3) of FOIA. The Commissioner’s decision is that the MOJ has properly relied on section 1(3) of FOIA. However, as the MOJ failed to provide its response within the statutory 20 working days framework it thereby breached section 10(1) of FOIA. This decision notice is currently under appeal to the Tribunal.
FOI 1: Not upheld FOI 10: Upheld