Home Office

The complainant has requested guidance issued to immigration caseworkers for obtaining travel history records. Having initially relied on section 31 of FOIA (law enforcement) to withhold the requested information, the Home Office claimed a late reliance on section 12 during the Commissioner’s investigation, which concerns the cost of compliance. The Commissioner’s decision is that the Home Office is entitled to refuse to comply with the request under section 12 of FOIA as to do so would exceed the appropriate limit. Because the Home Office has made a late claim of section 12, there has been a breach of section 16(1) and 17(5) of FOIA, which concern advice and assistance and the timeliness of the section 12 refusal. The Commissioner requires the Home Office to take the following step to ensure compliance with the legislation: If it has not already done so, provide the complainant with appropriate advice and assistance as to how they might refine their request, in line with its obligation under section 16(1) of FOIA.