Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Levelling Up, Housing and Communities (Central government) [2022] UKICO 105075 (5 May 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-105075.html

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Department for Levelling Up, Housing and Communities

The complainant made two requests for copies of information relating to Exercise Cygnus. The Department for Levelling Up, Housing & Communities responded to the first request by stating that it did not hold the information. However, when the complainant requested the same information a second time, DLUHC accepted that it did hold some information, but relied on section 35 of FOIA (formulation of government policy) in order to withhold it. The Commissioner’s decision is that DLUHC is entitled to rely on section 35 of the FOIA to withhold the requested information. However, as it incorrectly stated, in response to the first request, that it did not hold any relevant information, DLUHC breached section 10 of FOIA. DLUHC also breached section 10 of FOIA in respect of the second request as it failed to respond within 20 working days. The Commissioner does not require further steps.

FOI 35: Complaint not upheld FOI 10: Complaint upheld

Decision notice: ic-105075