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Welsh Assembly Government

  • Date 13 November 2013
  • Sector Central government
  • Decision(s) FOI 10: Upheld, FOI 42: Not upheld

The complainant requested various information regarding legal advice in respect of questions he had asked surrounding the definition of his professional status according to the Department for Education and Skills (DfES). The complainant also considered that three of six questions he had previously raised had either not been given satisfactory answers or had not been addressed at all. The Welsh Government relied on section 42 to withhold the legal advice and has subsequently responded to the outstanding questions. The Commissioner’s decision is that the Welsh Government has now complied with its requirements under section 1(1) of the FOIA but its failure to address all of the complainant’s questions at the time of the internal review represents a breach of section 10(1) of the FOIA. The Commissioner also considers that the Welsh Government has correctly relied on section 42(1) of the FOIA. The Commissioner requires no steps to be taken. Information Tribunal EA/2014/0259 dismissed.