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National Archives

  • Date 22 March 2021
  • Sector Central government
  • Decision(s) FOI 10(1): Upheld, FOI 37(1)(a): Not upheld, FOI 37(1)(aa): Not upheld

The complainant has requested information from The National Archives (TNA) held in a closed file ‘PREM 16/1840 ROYAL FAMILY. Prince of Wales’. TNA withheld the requested information citing sections 37(1)(a) which relates to communication with or on behalf of the sovereign and section 37(1)(aa) which exempts information relating to communications with the heir and second in line to the Throne. TNA also cited section 40(2) and section 41 regarding the withheld information. The Commissioner’s decision is that TNA was correct in withholding the information on the basis of the exemptions at section 37(1)(a) and 37(1)(aa). However, TNA breached section 10(1) of the FOIA by not responding within the statutory timeframe. The Commissioner does not require any further steps to be taken.