Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Home Office (Central government) [2019] UKICO fs50714409 (11 June 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50714409.html
Cite as: [2019] UKICO fs50714409

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Home Office

The complainant made two information requests relating to a Home Office consultation on legislative changes to the licensing of offensive and dangerous weapons. The Home Office disclosed some information and provided a free text explanation in respect of parts of the first request. It disclosed all the information it said it held in response to the second request. The Commissioner’s decision is that the Home Office failed to properly respond to several parts of the first request and that in doing so it breached section 1(1) (general right of access) of the FOIA. The Commissioner also found that by failing to respond within the statutory time for compliance, the Home Office breached section 1 and section 10 of the FOIA. However, she was satisfied that, on the balance of probabilities, the Home Office had disclosed all the information it held with regard to the second request. The Commissioner requires the Home Office to issue a fresh response to points (1)-(3) and (5)-(6) of the first request. For each point, the Home Office should confirm or deny whether the information is held, unless an exception from the duty to confirm or deny applies, in which case this must be specified in a refusal notice which is compliant with section 17(1) of the FOIA. If information is held, the information should either be disclosed to the complainant or a refusal notice should be issued which is compliant with section 17(1) of the FOIA.

FOI 10: Complaint upheld FOI 1: Complaint upheld

Decision notice: fs50714409