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Cabinet Office (Central government) [2022] UKICO 70787 (22 December 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/70787.html
Cite as:
[2022] UKICO 70787
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Cabinet Office
The complainant has requested all correspondence and communications, between the Cabinet Office and the Commissioner, during the period 1 January 2019 to 1 May 2019, which refer to the Commissioner’s ‘Outsourcing Oversight?’ report, which was laid before Parliament on 28 January 2019. The Cabinet Office withheld the majority of the requested information under section 36(2)(b)(i)(ii) and (c)(prejudice to the effective conduct of public affairs) with a separate and very small part of the information held being exempt under section 35(1)(d)(operation of a ministerial private office). The Commissioner’s decision is that the Cabinet Office failed to correctly apply section 36(2)(c) to the relevant information but that the same information is exempt under section 36(2)(b)(i) and (ii). The Commissioner considers that the balance of the public interest favours maintaining section 36(2)(b) to the withheld information. The Commissioner has also found that the Cabinet Office correctly applied section 35(1)(d) to the relevant information, and that the balance of the public interest favours maintaining the exemption to the small amount of information. The Commissioner has found that the Cabinet Office breached section 10(1) of the FOIA in that they failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner does not require the Cabinet Office to take any steps in this matter.
FOI 36(2)(b):
Complaint not upheld
FOI 35(1)(d):
Complaint not upheld
FOI 10(1):
Complaint upheld
Decision notice:
70787