Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Work and Pensions (Central government) [2023] UKICO 206074 (30 March 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/206074.html
Cite as: [2023] UKICO 206074

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Department for Work and Pensions

The complainant submitted three identical multi-part requests in a ten-day period to the Department for Work and Pensions (DWP) requesting a wide range of information about their and other individuals’ transfer from a legacy benefit to Universal Credit and about DWP’s computer systems. DWP refused the first request on the basis of section 12(1) (costs exemption) of FOIA and the second and third requests on the basis of section 14(2) (repeat requests) of FOIA. The Commissioner’s decision is that DWP has correctly cited section 12(1) FOIA in response to the first request and that it also complied with its obligations under section 16(1) FOIA to provide adequate advice and assistance to the complainant. However, section 14(2) FOIA does not apply to the second and third requests and therefore DWP is not entitled to rely upon it to refuse those requests. In the particular circumstances of this case, however, the Commissioner has exercised his discretion and does not require DWP to take any steps. Even if he had ordered DWP to respond to the second and third requests again, without relying upon section 14(2) of FOIA, as both those requests are identical to the first request, they would also engage sections 12(1) of FOIA. Therefore, the Commissioner does not require the public authority to take any steps.

FOI 12(1): Complaint not upheld FOI 14(2): Complaint upheld

Decision notice: 206074