Ministry of Justice
- Date 3 March 2023
- Sector Central government
- Decision(s) FOI 10(1): Upheld, FOI 40(2): Not upheld, FOI 41(1): Not upheld
The complainant has requested information from the Office of the Public Guardian (“the OPG”) in relation to accounts filed regarding the complainant’s late mother’s finances. The OPG is an executive agency of the Ministry of Justice (“the MoJ”), the MoJ therefore being the relevant public authority. The MoJ has withheld the requested information citing section 40(2) of FOIA – personal information and section 41(1) of FOIA – information provided in confidence. The Commissioner’s decision is that the MoJ has correctly withheld the information under both section 40(2) of FOIA and section 41(1) of FOIA. However, as the MoJ failed to provide a response within 20 working days, it has breached section 10(1) of FOIA. The Commissioner does not require the public authority to take any steps as a result of this decision notice.