Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> HM Treasury (Central government) [2024] UKICO 264353 (22 May 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/264353.html
Cite as: [2024] UKICO 264353

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HM Treasury

The complainant has requested information about the temporary £20-per week benefit uplift put in place at the start of the Covid-19 pandemic. HM Treasury (“HMT”) refused to provide it citing section 35 (formulation/development of government policy) and section 40(2) (personal data). The complainant made it clear in their request for internal review that they did not seek access to any personal data. On internal review, HMT introduced reliance on section 42 (legal professional privilege). During the Commissioner’s investigation, HMT withdrew reliance on section 42 and introduced reliance on section 36 (effective conduct of public affairs). It maintained reliance on section 35 in respect of a small amount of the requested information. The Commissioner’s decision is that HMT is not entitled to rely on section 35 and section 36 as its basis for withholding the requested information. The Commissioner requires HMT to take the following steps to ensure compliance with the legislation: Disclose the information it holds within the scope of the complainant’s request. The public authority must take these steps within 30 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 35: Complaint upheld FOI 36: Complaint upheld

Decision notice: 264353