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Home Office (Central government) [2022] UKICO 123824 (3 May 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-123824.html
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Home Office
The complainant requested information from the Home Office about the suitability of the Napier Barracks site for the purposes of providing accommodation and other services to people seeking asylum and complaints from its residents. The Home Office refused to comply with the request citing section 12(1) of the FOIA. The Commissioner’s decision is that the Home Office was entitled to refuse to comply with the request in accordance with section 12(1) of the FOIA. However, the Home Office has breached section 16 of FOIA (duty to provide advice and assistance) in failing to provide advice and assistance to the complainant in relation to part 2 of their request. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: provide advice and assistance to the complainant in relation to part 2 of their request by describing to the complainant the monthly data that it does receive from Migrant Help.
FOI 12(1):
Complaint not upheld
FOI 16:
Complaint upheld
Decision notice:
ic-123824