Ministry of Justice

The complainant requested a copy of a review of the operation of the Coroners and Justice Act. The Ministry of Justice (MoJ) confirmed it held information within the scope of the request but refused to provide it, citing section 35(1)(a) (formulation of government policy) of FOIA. During the course of the Commissioner’s investigation, it revised its position, citing instead section 36 (prejudice to effective conduct of public affairs) of FOIA. The Commissioner’s decision is that section 36(2)(c) is engaged but that the public interest balance favours disclosure of the information. The Commissioner requires the MoJ to take the following step to ensure compliance with the legislation: disclose the requested draft report, a copy of which was provided to the Commissioner during the course of his investigation. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0320 withdrawn.