Crown Prosecution Service
- Date 26 August 2021
- Sector Police and criminal justice
- Decision(s) FOI 10: Upheld, FOI 17: Upheld, FOI 36: Not upheld
The complainant requested information relating to the Crown Prosecution Service (CPS) LGBT hate crime schools resource pack, launched in January 2020 and subsequently withdrawn following a threat of legal action. The CPS refused to provide the requested information by virtue of section 36(2)(b)(ii) (prejudice to effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that section 36(2)(b)(ii) is engaged and that the balance of the public interest lies in maintaining the exemption. However, the Commissioner found procedural breaches of sections 10(1) (time for compliance), 17(1) and 17(3) (refusal notices) of the FOIA. The Commissioner requires no steps to be taken as a result of this decision. Information Tribunal appeal EA/2021/0249 appeal dismissed.