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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Levelling Up, Housing and Communities (Central government) [2024] UKICO 285725 (26 July 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/285725.html
Cite as: [2024] UKICO 285725
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Department for Levelling Up, Housing and Communities
The complainant requested information from the Department for Levelling Up, Housing and Communities (DLUHC) about the assessment of the overall sufficiency of adult social care funding and the local government finance settlement 2023 to 2024 policy impact statement. DLUHC withheld some of the requested information under section 35(1)(a) of FOIA (formulation and development of government policy). The complainant also raised other concerns about how the request was handled. DLUHC has recently changed name to the Ministry of Housing, Communities and Local Government (MHCLG). As this occurred after DLUHC’s most recent correspondence with the Commissioner regarding this case, this decision notice refers to DLUHC throughout except in relation to the steps now required by the department. The Commissioner’s decision is that: One further document held by DLUHC is within the scope of the request. However, the Commissioner is satisfied that, with the exception of this document, on the balance of probabilities, DLUHC has identified all of the information held within the scope of the request; DLUHC is not entitled to rely on section 35(1)(a) of FOIA to withhold majority of the information withheld on this basis (including the additional document that the Commissioner has determined is within the scope of the request). Although this exemption is engaged with respect to all of the withheld information, the Commissioner’s decision is that the public interest in disclosure of the majority this information outweighs that in maintaining the exemption; DLUHC failed to comply with section 10 of FOIA when dealing with this request as it failed to respond to the request within 20 working days; DLUHC was incorrect to state that part 4 of the request is not a valid request for information. However, as DLUHC has already provided the requested information, the Commissioner does not require DLUHC to take any steps in respect to this part of the request. The Commissioner requires MHCLG to take the following steps to ensure compliance with the legislation: Disclose the information withheld under section 35(1)(a) (including the additional document that the Commissioner has determined is within the scope of the request) except for the information within the document “What will the additional adult social care funding in 23/24 and 24/25 likely deliver?” that relates to “Key Question 4” and the information within the same document that is opinion about the best approach between two different approaches to analysis, as listed in …FOI 35(1)(a): Complaint partly upheld FOI 10: Complaint upheld FOI 1(1): Complaint upheld FOI 8: Complaint upheld
Decision notice: 285725