Department for Work and Pensions

The complainant requested information relating to a review of safeguarding procedures. The Department for Work and Pensions (DWP) asserted that the requested information is not held. The Commissioner’s decision is that, on the balance of probabilities, DWP does hold the requested information and has failed to fully consider and respond to the request in accordance with section 1(1). In failing to comply with section 1(1), DWP has breached section 10(1). The Commissioner requires the public authority to issue a fresh response to the request that does not deny that the information is held (ie DWP needs to comply with section 1(1)(a) by confirming that the information is held) AND then either disclose the information or issue a refusal notice citing a reason to withhold the information. The public authority 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.