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Ministry of Housing, Communities and Local Government (Central government) [2019] UKICO fer0769649 (28 March 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0769649.html
Cite as:
[2019] UKICO fer0769649,
[2019] UKICO fer769649
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Ministry of Housing, Communities and Local Government
The complainant has requested information about a meeting held between HRH the Prince of Wales and the Right Honourable Sajid Javid MP on 28 March 2017. The Ministry of Housing, Communities and Local Government (MHCLG) disclosed some information falling within the scope of the request but withheld the remainder citing section 37(1)(aa) of the FOIA – communications with the heir to the throne and regulation 12(4)(e) of the EIR - internal communications. The Commissioner’s decision is that the MHCLG has correctly applied the exemption under 37(1)(aa) to the withheld information. For the information that the Ministry has applied regulation 12(4)(e) to, the exception is engaged but the public interest in disclosure outweighs that of maintaining the exception. The Commissioner also finds that the Ministry breached section 10 of the FOIA – time for compliance; and regulation 5(2) – duty to make environmental information available within 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the withheld information identified by the Ministry as Annex B.
FOI 10:
Complaint upheld
FOI 37:
Complaint not upheld
EIR 12(4)(e):
Complaint upheld
EIR 5(2):
Complaint upheld
Decision notice:
fer0769649