Ministry of Justice

The complainant requested to specified court case types from Her (now His) Majesty’s Courts and Tribunals Service (‘HMCTS’) which falls under the remit of the Ministry of Justice (the ‘MOJ’). The request was initially refused by the MOJ citing section 12 (cost of compliance exceeds appropriate limit) of FOIA. At the internal review stage, this decision was overturned and the complainant was asked to clarify part 1 of his request which, to the Commissioner’s knowledge, was not provided. The Commissioner’s decision is that the MOJ was entitled to seek a correct objective reading and interpretation of part 1 of the request in accordance with section 16 of FOIA. He has also concluded that the MOJ was entitled to refuse to comply with the request based on its original interpretation in accordance with section 12(1) of FOIA. The Commissioner also finds that the MOJ has complied with its obligations under section 16 of FOIA to offer advice and assistance where section 12 has been relied on. However, he finds that the request was not responded to within the statutory 20 working days’ time limit which is a breach of section 10(1) of FOIA. No steps are required as a result of this notice.
Keywords: Clarification of request