Information Commissioner's Office

Cabinet Office

4 May 2017, Central government

The complainant has requested information about Nick Clegg’s entitlement to the Public Duties Cost Allowance (“PDCA”) from the Cabinet Office. The Cabinet Office refused to provide it citing section 21 (information accessible by other means) and section 35 (formulation/development of government policy). The complainant disputed the Cabinet Office’s use of section 35. The Cabinet Office upheld its use of section 35 following internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 35 as its basis for withholding the information to which it has been applied. However, the Cabinet Office contravened its obligations under section 10 (Time for compliance) when it failed to provide a response within a reasonable time having extended the time for compliance in order to consider the balance of public interest test in respect of section 35. No steps are required. This decision notice is currently under appeal to the Tribunal.

FOI 10: Upheld FOI 35: Not upheld