HM Treasury

The complainant submitted a request to HM Treasury (HMT) seeking emails sent or received by a named Director General containing the term ‘loan charge’ for a seventeen day period in January 2020. HMT disclosed some information in response to the request but redacted parts of it on the basis of section 40(2) (personal data) of FOIA and withheld information on the basis of section 35(1)(a) (formulation and development of government policy). During the course of the Commissioner’s investigation HMT disclosed the majority of the information previously withheld on the basis of section 35(1)(a). It also located further information which it disclosed, with some redactions on the basis of sections 35(1)(a), 36(2)(b)(ii) (effective conduct of public affairs) and 40(2). The Commissioner’s decision is that HMT is entitled to rely on sections 35(1)(a) and 36(2)(b)(ii) to withhold information in the manner in which it has. For both sections, the Commissioner is satisfied that the balance of the public interest favours maintaining the exemption. However, the Commissioner has also concluded that HMT breached section 10(1) of FOIA by failing to disclose information falling within the scope of the request within 20 working days. Information Tribunal FTT EA/2023/0223 appeal allowed in part.