Ministry of Defence
- Date 28 February 2017
- Sector Central government
- Decision(s) FOI 1: Not upheld, FOI 42: Not upheld
The complainant submitted two requests to the Ministry of Defence (MOD) seeking information relating to the Service Justice system. The MOD originally refused to comply with the requests on the basis of section 14(1) of FOIA. The complainant brought an appeal in respect of one of these requests and the First-Tier Tribunal (Information Rights) found in his favour. As a result, the MOD subsequently complied with both requests and provided information albeit that some information was withheld on the basis of sections 40(2) (personal data) and 42(1) (legal professional privilege) of FOIA. The complainant alleged that the MOD is likely to withhold further information beyond that previously located and disputed the MOD’s reliance on section 42(1) of FOIA. The Commissioner has concluded, on the balance of probabilities, that the MOD does not hold any further information. She has also concluded that the MOD is entitled to rely on section 42(1) in the manner in which it did. This decision notice is currently under appeal to the Tribunal.