Information Commissioner's Office

Ministry of Defence

28 February 2017, Central government

The complainant submitted two requests to the Ministry of Defence (MOD) seeking information relating to the Service Justice system. The MOD originally refused to comply with the requests on the basis of section 14(1) of FOIA. The complainant brought an appeal in respect of one of these requests and the First-Tier Tribunal (Information Rights) found in his favour. As a result, the MOD subsequently complied with both requests and provided information albeit that some information was withheld on the basis of sections 40(2) (personal data) and 42(1) (legal professional privilege) of FOIA. The complainant alleged that the MOD is likely to withhold further information beyond that previously located and disputed the MOD’s reliance on section 42(1) of FOIA. The Commissioner has concluded, on the balance of probabilities, that the MOD does not hold any further information. She has also concluded that the MOD is entitled to rely on section 42(1) in the manner in which it did.

FOI 1: Not upheld FOI 42: Not upheld