Department for Transport

The complainant requested the Department for Transport (“DfT”) to disclose information relating to the implementation of the Delay/Repay scheme which compensates rail passengers for delays to their journeys. The DfT responded to the complainant’s request and disclosed some of the requested information, however it refused to disclose the remainder (“the withheld information”) citing sections 35(1)(a) and 43(2) of the Act. As the complainant remained dissatisfied, he referred the matter to the Commissioner for consideration. The Commissioner considered the withheld information and the DfT’s application of the exemptions cited and concluded in this case that the exemption under section 35(1)(a) was engaged, however the public interest in maintaining the exemption was not outweighed by the public interest in disclosure of the information. In respect of the remaining withheld information he did not consider that the exemption under section 43(2) was engaged. The Commissioner has ordered disclosure of the withheld information. He has also identified some procedural breaches on the part of the DfT.