Information Commissioner's Office

---

You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Levelling Up, Housing and Communities (Central government) [2022] UKICO 81547 (6 June 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/81547.html
Cite as: [2022] UKICO 81547

---

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

---

Department for Levelling Up, Housing and Communities

The complainant requested information held by the Department for Levelling Up, Housing and Communities (the DLUHC) about a particular meeting attended by the Secretary of State. The DLUHC confirmed that it held some information relevant to the request; however, it advised that this was to be withheld under section 35(1)(a) - formulation and development of government policy, section 40(2) – personal information, section 41(1) – duty of confidence, and section 43(2) – commercial interests, of the FOIA. During the course of the Commissioner’s investigation the DLUHC confirmed that it did not hold any information relevant to parts 1, 2 and 4 of the request. The DLUHC also stated that it was now only relying on section 41(1), and section 43(2), of the FOIA as its basis for withholding the information relevant to part 3 of the request. The Commissioner’s decision is that the DLUHC is entitled to rely on section 41(1) of the FOIA when withholding the information relevant to part 3 of the request. The Commissioner also accepts that, on the balance of probabilities, the DLUHC does not hold any information relevant to parts 1, 2 and 4 of the request. However, as the DLUHC failed to inform the complainant that it does not hold some of the information they have requested, the Commissioner has found a breach of section 1(1)(a) of the FOIA. The Commissioner does not require the DLUHC to take any steps as a result of this decision notice.

FOI 1(1)(a): Complaint upheld FOI 41(1): Complaint not upheld

Decision notice: 81547