Ministry of Defence

The complainant submitted eight requests to the Ministry of Defence (MOD) seeking information about the nuclear defence programme. The MOD argued that the costs of complying with these requests could be aggregated in line with section 12(4) of FOIA and that having done so the aggregated cost of complying with them exceeded the appropriate cost limit. It therefore sought to refuse to comply with all of the requests on the basis of section 12(1) of FOIA. The complainant argued that the MOD was not entitled to rely on section 12(4) to aggregate the requests and that the MOD did not give him sufficient guidance to allow him to submit refined versions of his requests. The Commissioner has concluded that the MOD is entitled to aggregate the costs of the requests in line with section 12(1) and furthermore that the aggregated costs of complying with them exceeds the appropriate cost limit. The Commissioner has also concluded that the MOD provided the complainant with sufficient advice and assistance to meet its duty under section 16(1) of FOIA.