HM Treasury

The complainant has requested copies correspondence with the Department for Work and Pensions about a specific subject over a defined period. Her Majesty’s Treasury initially denied holding some of the information and refused the remainder of the request, citing section 12 of the FOIA (cost of compliance exceeds appropriate limit) as its reason for doing so. It subsequently revised its position and applied section 12 to the entirety of the request. The Commissioner’s decision is that the Treasury has reasonably estimated that the cost of complying with the request would exceed the appropriate limit. The Treasury was therefore entitled to rely on section 12 of the FOIA to refuse the request. However, it failed to inform the complainant, within 20 working days, that it was relying on section 12 to refuse both parts of his request and the Commissioner therefore finds that the Treasury breached section 17(5) of the FOIA. The Commissioner does not require any further steps. Information Tribunal appeal EA/2020/0070 struck out.