Information Commissioner's Office

Home Office

20 June 2017, Central government

The complainant submitted a two part request for information about a proposal to amend the Royal Warrant for the Special Constabulary Medal. The Home Office disclosed information in response to the first part of the request, but refused the second part of the request, citing the exemption at section 35(1)(a) (Formulation of government policy) of the FOIA. The Commissioner’s decision is that the Home Office failed to properly establish whether it held the information at the second part of the request, and therefore that it has not complied with the duty at section 1(1)(a) of the FOIA.  The Commissioner requires the Home Office to issue a fresh response to the second part of the request. If the information is held, it should either be disclosed or a refusal notice provided which is compliant with section 17 of the FOIA. If the information is not held, the Home Office is reminded of its duty under section 16 to provide reasonable advice and assistance to the complainant, with regard to establishing with him whether it holds any information which might assist him.

FOI 1: Upheld