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Home Office

  • Date 31 October 2018
  • Sector Central government
  • Decision(s) FOI 35: Upheld

The complainant requested a copy of all the responses received in relation to the Government’s consultation exercise on possible options for reporting and acting on child abuse and neglect. The Home Office withheld the requested information, citing section 35(1)(a) (the formulation or development of government policy) of FOIA. The Commissioner’s decision is that section 35(1)(a) was engaged, but that the public interest did not favour maintaining the exemption. The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation:

Disclose the withheld information or issue a fresh response, compliant with section 17, which does not rely on section 35.

The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.