Link for IOC full Decision notice pdf file: Department for Work and Pensions (DWP) (Central government) [2025] UKICO 347008 (23 May 2025)
The complainant has requested information on the number of -˜Access to Work-™ claimants who had their social media checked by the Department for Work and Pensions (DWP). DWP originally denied holding the requested information but revised its response during the Commissioner-™s investigation. It relied on section 12(2), costs, to refuse to confirm or deny whether it held the requested information. The Commissioner-™s decision is that DWP is entitled to rely on section 12(2) to refuse to confirm or deny whether it holds the requested information. The Commissioner considers that DWP has not provided sufficient advice and assistance in accordance with section 16(1) and it breached section 17(5) as it failed to provide its refusal notice within the statutory time frame of 20 working days. The Commissioner requires DWP to provide the complainant with advice and assistance on when social media checks may be undertaken. 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.