Information Commissioner's Office

---

You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Work and Pensions (Central government) [2023] UKICO 169722 (18 April 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/169722.html
Cite as: [2023] UKICO 169722

---

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

---

Department for Work and Pensions

In a two part request, the complainant requested information from the Department for Work and Pensions (‘DWP’) relating to the Access To Work Scheme (‘ATW’). DWP advised it did not hold recorded information for question one and cited section 21 of FOIA (Information reasonably accessible to the applicant by other means) in relation to question two. The Commissioner’s decision is that, on the balance of probabilities, DWP holds no recorded information relevant to the complainant’s request in question one and has complied with section 1(1) of FOIA. The Commissioner considers that DWP has failed to correctly interpret the request in question two. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Issue a fresh response to the complainant in question two of the request, using the correct request interpretation, and either disclose the information or, in respect of any information it wishes to withhold, issue a refusal notice within the meaning of section 17 of FOIA providing a basis for withholding the information. 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 1: Complaint partly upheld

Decision notice: 169722