Information Commissioner's Office

Foreign and Commonwealth Office

9 December 2016, Central government

The complainant submitted a request to the Foreign and Commonwealth Office (the FCO) for information related to allegations of breaches of international humanitarian law in Yemen. The FCO confirmed that it holds information relevant to the request. It repeatedly advised the complainant that it required further time to consider the public interest test. To date, the FCO has failed to provide the complainant with a substantive response. By failing to do so, the Commissioner has concluded that the FCO breached section 17(3) of the FOIA. The Commissioner requires the FCO to provide the complainant with a substantive response to their information request. If the FCO decides to withhold any information then the complainant should be provided with a refusal notice giving a full explanation as to why the information will not be disclosed, including details of any public interest consideration. The public authority 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 Act and may be dealt with as contempt.

FOI 10: Upheld FOI 17: Upheld