Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Judicial Appointments Commission (Central government) [2018] UKICO fs50718058 (4 June 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50718058.html
Cite as: [2018] UKICO fs50718058

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Judicial Appointments Commission

The complainant requested information about the appointment of named High Court Judges. The Judicial Appointments Commission (the ‘JAC’) refused to provide the requested information citing section 41 of FOIA – information provided in confidence, for parts 1, 2 and 4 of the request. For part 3, it said the information could be found on its website and provided a weblink. During the course of the Commissioner’s investigation, the JAC also cited section 44(1)(a) of FOIA - statutory prohibitions to disclosure - for the remaining withheld information. The complainant is only concerned with the material exempted under sections 41 and 44. The Commissioner’s decision is that the JAC has correctly applied section 44 on the basis that disclosure of the information requested in parts 1, 2 and 4 of the request was prohibited by section 139 of the Constitutional Reform Act 2005. However, by relying on section 44(1)(a) at a late stage the JAC has breached section 17(1) of FOIA. The Commissioner does not require the JAC to take any steps as a result of this notice. This decision notice is currently under appeal to the Tribunal.

FOI 44: Complaint not upheld

Decision notice: fs50718058