Ministry of Housing, Communities and Local Government

The complainant has requested from the Ministry of Housing, Communities and Local Government (MHCLG) information relating to the 2012 consultation on changes to the Building Regulations. The MHCLG refused to comply with the request under section 14(1) of the FOIA because it considered that fulfilling the request would place an unjustified burden on the MHCLG and hence was vexatious. The Commissioner’s decision is that the MHCLG has failed to demonstrate that the request is vexatious. Therefore, the MHCLG was not entitled to refuse the request under section 14(1) of the FOIA. The Commissioner requires the MHCLG to issue a fresh response to the request that does not cite section 14(1).

The MHCLG 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 for this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.