Information Commissioner's Office

Home Office

1 December 2015, Central government

The complainant requested details of samples provided to the Forensic Early Warning System from the Glastonbury Festival. The Home Office refused to disclose this information and cited the exemption provided by section 31(1)(a) (prejudice to the prevention or detection of crime) of the FOIA. The Commissioner’s decision is that the Home Office cited section 31(1)(a) correctly so it was not obliged to disclose this information. However, the Commissioner also finds that the Home Office stated incorrectly that all of the requested information was held and, in so doing, breached section 1(1)(a) of the FOIA. It is now required to respond to the complainant stating accurately which of the requested information is held. The Commissioner requires the Home Office to write to the complainant setting out accurately which of the requested information is held. 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 1: Upheld FOI 31: Not upheld