Department for Communities and Local Government

The complainant has made a request to the Department for Communities and Local Government (“the department”) for information about its management of complaints. The department provided some held information and withheld some under section 40(2) of the Freedom of Information Act (“the FOIA”). The complainant subsequently contested whether all relevant held information had been identified for parts 3, 5 and 6 of the request, and whether the department’s application of section 40(2) was correct. The Commissioner’s decision is that the department has correctly withheld information under section 40(2) and that no further relevant held information is likely to be held in respect of parts 3 and 5 of the request. However the department failed to provide a valid response to part 6 of the request, and also breached section 16(1) by failing to provide appropriate advice and assistance to the complainant. The department has also breached the requirement of section 10(1) by failing to comply with section 1(1) within the time for compliance, and section 17(1) by failing to provide a valid refusal notice within the time for compliance. The Commissioner requires the public authority to take the following steps to ensure compliance with the FOIA: For part 6 of the request provide the complainant with a fresh response that complies with section 1(1), or else issue a valid refusal notice under section 17.