Department for Work and Pensions

The complainant has requested the personal details of deceased parents who died in 2018 whilst in arrears with their child maintenance payments. The Department for Work and Pensions refused to confirm or deny whether it held the requested information on the basis of section 44(2) and 41(2). The Commissioner’s decision is that DWP is not entitled to rely on section 44(2) or 41(2) to neither confirm nor deny whether it holds the requested information. However, the Commissioner finds that DWP is entitled to rely on section 44(1)(a) to withhold the requested information. The Commissioner also finds that DWP breached section 17(1)(b) as it did not specify which exemption it was relying on at the time of its response. The Commissioner does not require DWP to take any steps.