Ministry of Justice

The complainant requested specified policy and procedural information relating to the Judicial Conduct Investigations Office (the ‘JCIO’), which falls under the remit of the Ministry of Justice (the ‘MOJ’). In response, the MOJ provided some of the requested information and said that section 21 (information accessible to applicant by other means) of FOIA applied to the remainder. The complainant disputed that all the requested information held had been provided and did not agree with the MOJ’s reliance on section 21. The Commissioner’s decision is that the MOJ was entitled to rely on section 21 of FOIA to withhold some of the requested information. The MOJ identified further information falling in scope during the course of the Commissioner’s investigation which it disclosed to the complainant. On the balance of probabilities, the Commissioner is also satisfied that the MOJ holds no further information in scope of the request. However, the MOJ failed to issue its refusal notice and to inform the complainant, within 20 working days, that it did not hold some of the requested information and therefore breached sections 10(1) and 17(1) of FOIA. No steps are required as a result of this notice. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0137 under appeal.