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Ministry of Housing, Communities and Local Government

  • Date 16 January 2019
  • Sector Central government
  • Decision(s) FOI 38(1)(a): Upheld, FOI 38(1)(b): Not upheld

The complainant requested that the Ministry of Housing, Communities and Local Government (MHCLG) provide the names and locations of high-rise residential buildings which are recorded as having a system of cladding that does not comply with Building Regulations guidance. MHCLG refused to provide the requested information, citing section 38 (health and safety) of the FOIA. The Commissioner’s decision is that MHCLG was not correct to have applied section 38(1)(a) of the FOIA to the withheld information, but was entitled to rely on section 38(1)(b). The Commissioner does not require MHCLG to take any steps.