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You are here: BAILII >> Databases >> Information Commissioner's Office >> Judicial Appointments Commission (Central government) [2024] UKICO 278867 (21 May 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/278867.html
Cite as: [2024] UKICO 278867
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Judicial Appointments Commission
The complainant requested information about the Judicial Appointments Commission’s (the ‘JAC’) use of section 36 (prejudice to effective conduct of public affairs) of FOIA. He particularly sought information about the associated ‘qualified person’, who must be recognised under FOIA, and whom is required to give their opinion as to whether any part of section 36 is engaged in relation to an FOIA request. The JAC responded to each part of the complainant’s request. It cited sections 32(1) (court records) and 42(1) (legal professional privilege) of FOIA for some of the request. It also said some information was not held and that parts of the request were not requests for recorded information under FOIA. The complainant objected to all of the foregoing and also asked the Commissioner to consider the delay in providing the substantive response in this case and whether the JAC had complied with its section 16 (advice and assistance) of FOIA obligations. The Commissioner’s decision is that sections 32(1)(a) and (b) and 42(1) of FOIA are engaged. The Commissioner finds that the JAC complied with sections 8 and 16(1) of FOIA for the reasons set out in this notice. The JAC breached sections 10(1) and 17(1) of FOIA as it did not issue a response, or a valid refusal notice in respect of the exempted information, within 20 working days of the request. As the Commissioner has not been able to reach a conclusion, on the balance of probabilities, as to whether or not any information is held for part of the request as a result of a lack of evidence as to the searches undertaken, he requires the JAC to conduct a further search for the information requested at parts 2b and 2c of the request and issue a fresh response which either discloses that information or issue an appropriate refusal notice. The JAC must take this step within 30 calendar days of the date of this decision notice.FOI 42: Complaint not upheld FOI 10: Complaint upheld FOI 32: Complaint not upheld FOI 8: Complaint not upheld FOI 17: Complaint upheld FOI 16: Complaint not upheld FOI 1: Complaint upheld
Decision notice: 278867