Information Commissioner's Office

Home Office

9 January 2018, Central government

The complainant has requested information regarding the Birmingham Pub Bombings 1974 and legal aid. The Home Office withheld the requested information, citing sections 35(1)(a) (formulation or development of government policy) and 35(1)(b) (Ministerial communications) of FOIA. The Commissioner’s decision is that the sections 35(1)(a) and (b) exemptions are engaged. However, she considers that in relation to some of the withheld information the public interest favours disclosure. The Commissioner also considers that the Home Office has breached sections 10 (time for compliance) and 17(1) (refusal of a request) of FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the first three paragraphs of the withheld information. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 10: Upheld FOI 17: Upheld FOI 35: Partly upheld