Information Commissioner's Office

---

You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Work and Pensions (Central government) [2022] UKICO 102213 (21 October 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/102213.html
Cite as: [2022] UKICO 102213

---

[New search] [Printable PDF version] [Help]

---

Department for Work and Pensions

The complainant has requested the Internal Process Reviews (IPRs) carried out by the Department for Work and Pensions (DWP). DWP disclosed some of the information but withheld the remainder on the basis of section 35(1)(a) (formulation or development of government policy). During the Commissioner’s investigation, DWP disclosed further information. At this stage, DWP confirmed that it was redacting the IPRs on the basis of section 40(2) (third party personal data) and section 44 (statutory prohibition). The complainant confirmed that they did not dispute the redactions made under sections 40(2) and 44(1) but did dispute that DWP was entitled to rely on section 35(1)(a) to withhold the non-personal information. The Commissioner’s decision is that section 35(1)(a) is not engaged for some of the disputed information and for the information that does engage section 35(1)(a), the balance of the public interest favours disclosure. The Commissioner also considers that DWP did not comply with section 17(1)(b) as it failed to inform the complainant that it was relying on sections 40(2) and 44 within the statutory timeframe. The Commissioner requires DWP to disclose the IPRs with the exception of information that is exempt on the basis of sections 40(2) and 44(1)(a). 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 FOIA and may be dealt with as a contempt of court.

FOI 35: Complaint upheld FOI 17: Complaint upheld

Decision notice: 102213