Information Commissioner's Office

Home Office

3 May 2016, Central government

The complainant has requested information about police powers under Section 136 of the Mental Health Act to detain mentally disordered persons found in public places. By the date of this notice the Home Office had not responded to the request.  The Commissioner’s decision is that by failing to respond to the request, the Home Office breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the Home Office to issue a response to the request under the FOIA by either complying with section 1(1) or issuing a valid refusal notice.

FOI 1: Upheld FOI 10: Upheld