Ministry of Justice
- Date 27 October 2011
- Sector Central government
- Decision(s) FOI 40: Partly upheld
The complainant has requested information relating to lay members of Leeds Employment Tribunal. The Ministry of Justice (MOJ) refused to confirm or deny whether it held this information, relying on the exemption at section 40(5) of the Act. The Commissioner’s decision is that the MOJ correctly applied the exemption at section 40(5) to the information requested at part 2 of request 1. However, the MOJ incorrectly refused to confirm or deny whether it held the information requested at part 1 of request 1, and part 2 of request 2. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: confirm or deny whether it holds the information requested at part 1 of request 1 and part 2 of request 2.