Home Office

The complainant requested guidance, procedures and manuals held by the UK Border Agency (‘the UKBA’) providing instruction to officers conducting their duties within the jurisdiction of the law of Scotland. The Information Commissioner’s (‘the Commissioner’) decision is that the UKBA (an agency of the Home Office) breached section 1(1)(a) and (b) of the FOIA in not determining by the time of the internal review that information is held within the scope of the request and not determining whether that information should be provided. In responding to the complainant after 20 working days the UKBA also breached section 10(1) of the FOIA. The Commissioner requires the public authority to disclose the information held within the scope of the request in accordance with section 1 or provide a refusal notice in accordance with section 17(1).