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Ministry of Defence (Central government) [2020] UKICO fs50879093 (6 March 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50879093.html
Cite as:
[2020] UKICO fs50879093
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Ministry of Defence
The complainant submitted a request to the Ministry of Defence (MOD) seeking a number of files concerning the nuclear programme. The MOD explained that it only held a number of the requested files, the remainder still being held at The National Archives pending their return to the MOD as part of a security review. Of the files that it did hold the MOD relied on section 14(1) of FOIA to refuse to disclose them because of the burden of complying with the request. The Commissioner has concluded that the MOD is entitled to refuse to comply with the request on the basis of section 14(1). However, she has also concluded that the MOD breached sections 10(1) and 17(5) of FOIA by failing to confirm what information it actually held within 20 working days of the request and by failing to provide a refusal notice citing section 14(1) within the same timescale.
FOI 17:
Complaint upheld
FOI 10:
Complaint upheld
FOI 14:
Complaint not upheld
Decision notice:
fs50879093