Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> HM Revenue and Customs (Central government) [2018] UKICO fs50698786 (15 February 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50698786.html
Cite as: [2018] UKICO fs50698786

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HM Revenue and Customs

The complainant has requested information from HMRC about statistics for non-EEA nationals in line with an HMRC publication on EEA nationals. HMRC responded setting out that the cost of complying with the request would exceed the appropriate limit and accordingly relied on section 12 FOIA to refuse the request. It advised the complainant that in order to refine his request he may wish to focus on a specific area of interest within the HMRC publication. The complainant accepted the application of section 12 and sought guidance from HMRC as to how he might further refine his request. The Commissioner’s decision is that HMRC did not provide the complainant with advice and assistance and has therefore breached section 16 FOIA.The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide advice and assistance in relation to the request dated 15 November 2016 to enable the complainant to submit a refined request within the cost limit. 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 16: Complaint upheld

Decision notice: fs50698786