Department for Work and Pensions

The complainant has requested information regarding the Department for Work and Pensions’ expenditure defending its employees in legal actions. DWP initially informed the complainant that it did not hold the requested information, however, it subsequently amended its position and relied on section 12 of the Act as identifying and collating the information would exceed the appropriate limit. The Commissioner’s decision is that DWP is entitled to rely on section 12(1) of the Act to refuse to comply with the request. The Commissioner considers that DWP has breached section 10(1) as it did not confirm that it held information within the statutory time frame. It has also breached section 17(5) as it did not provide the complainant with its refusal notice within the statutory timeframe. The Commissioner does not require DWP to take any steps.