Information Commissioner's Office

Home Office

29 November 2017, Central government

The complainant requested information about the individuals scheduled to have been deported on charter flights to two named African countries on specified dates. The Home Office confirmed that it held the relevant information but withheld some of it relying on the FOIA exemptions in sections 31(1)(e) (law enforcement as it relates to the operation of the immigration controls) and 27 (international relations). The Home Office extended the response period to conduct a public interest balancing test but has still not completed the test. The Commissioner decided that, although it has complied with section 17(1) FOIA in stating which exemptions are to be relied upon, by failing to complete its public interest test consideration within a reasonable time period the Home Office had breached section 17(3) FOIA. The Commissioner also found breaches of sections 1(1) and 10(1) FOIA. The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation: disclose now the information it holds that is not subject to the exemptions applied, and; issue a substantive response to the complainant’s request, either disclosing the withheld information or issuing a refusal notice which includes the outcome of the public interest considerations.

FOI 1: Upheld FOI 10: Upheld FOI 17: Upheld