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Department for Work and Pensions (Central government) [2023] UKICO 193012 (18 August 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/193012.html
Cite as:
[2023] UKICO 193012
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Department for Work and Pensions
The complainant has requested information related to the Department for Work and Pensions’ (DWP) risk model for advances fraud. DWP originally relied on section 31(1)(a) to withhold the requested information. However, during the course of the Commissioner’s investigation, DWP change its position and introduced section 12(1) as to comply with the request would exceed the appropriate limit. The Commissioner’s decision is that DWP is entitled to rely on section 12(1) to refuse to comply with the request. The Commissioner does, however, find that DWP failed to provide reasonable advice and assistance in accordance with section 16 to aid the complainant in refining their request. The Commissioner therefore requires DWP to provide the complainant with further advice and assistance regarding how to refine their request, specifically which elements within the original request may be complied with within the appropriate limit. DWP 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 the Act and may be dealt with as a contempt of court.
FOI 12:
Complaint not upheld
FOI 16:
Complaint upheld
Decision notice:
193012