Ministry of Justice
- Date 21 March 2016
- Sector Central government
- Decision(s) FOI 40: Not upheld, FOI 44: Upheld
The complainant requested information relating to the pay and grading of psychologists employed by the prison service including those in the psychology department at HMP Wakefield. The Ministry of Justice (MoJ) provided some information but refused to provide the remainder citing sections 40(2) (personal information) and 44(1) (prohibitions on disclosure) of FOIA. The Commissioner’s decision is that the exemption at section 44 is not engaged but that MoJ was entitled to rely on section 40(2) FOIA in respect of the information withheld by virtue of that exemption. The Commissioner requires the MoJ disclose to the complainant the information withheld only by virtue of section 44(1) FOIA.