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Ministry of Justice

  • Date 12 November 2020
  • Sector Central government
  • Decision(s) FOI 31: Upheld, FOI 38: Upheld

The complainant has requested information from the MOJ regarding confiscation of knives from people entering family courts in London during certain time periods. The MOJ refused to disclose the requested information, citing sections 31 and 38 of the FOIA as a basis for non-disclosure.

2. The Commissioner’s decision is that neither section is engaged and therefore the MOJ is not entitled to rely upon either exemption.

3. The Commissioner requires the MOJ to take the following steps to ensure compliance with the legislation:

• disclose the requested information to the complainant.

4. The MOJ 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 of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.