26 July 2016, Central government
The complainant requested information relating to complaints made against a named Deputy District Judge. The Ministry of Justice (MoJ) refused to confirm or deny whether the information was held, citing sections 32(3) (court records), 40(5) (personal information) and 44(2) (prohibitions on disclosure) of FOIA. The Commissioner has investigated the MoJ’s application of section 44(2). His decision is that the MoJ has correctly applied that exemption on the basis that confirmation or denial was prohibited by section 139 of the Constitutional Reform Act 2005 (CRA). He requires no steps to be taken.
FOI 44: Not upheld