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Home Office

  • Date 30 November 2022
  • Sector Central government
  • Decision(s) FOI 12(1): Not upheld

The complainant has requested information from the Home Office in relation to the number of deaths of people being housed under sections 95, 96, 98 or 4 of the Immigration & Asylum Act 1999. The Home Office originally refused the request under section 38(1)(b) of FOIA – health and safety. However, upon review, it changed its position and is relying on section 12(1) of FOIA – cost of compliance exceeds the appropriate limit. The Commissioner’s decision is that the Home Office was entitled to rely on section 12(1) of FOIA to refuse the request. It also complied with its duty to provide advice and assistance in line with the requirements of section 16 of FOIA. The Commissioner does not require the public authority to take any steps as a result of this decision notice.