Information Commissioner's Office

Ministry of Justice

15 March 2017, Central government

The complainant submitted a two part request for information about The Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008. The Ministry of Justice (“MoJ”) asked for clarification as to the meaning of the first part of the request and refused the second part of the request on the grounds that compliance with it would exceed the appropriate limit, under section 12 of the FOIA. The complainant provided the requested clarification with regard to the first part of the request and, in respect of the second part of the request, asked for advice and assistance as to how he might submit a refined request. At the date of this decision notice the MoJ had neither responded to the clarified part of the request nor provided the requested advice and assistance. The Commissioner’s decision is that the MoJ has breached section 10 of the FOIA by failing to respond to the request with 20 working days. By failing to provide advice and assistance with regard to the second part of the request, the MoJ has not complied with the duty at section 16(1).  The Commissioner requires the MoJ to issue a response to the first part of the request which complies with the FOIA, either by complying with section 1(1) or issuing a valid refusal notice and to respond to the complainant’s request for advice and assistance as to how he might refine the second part of the request.

FOI 10: Upheld FOI 16: Upheld