Ministry of Justice
- Date 13 March 2023
- Sector Central government
- Decision(s) FOI 40: Not upheld
The complainant requested information about damages and costs paid as a result of assaults on female prisoners. The Ministry of Justice (the ‘MOJ’) initially confirmed that a low number of assaults had occurred during the time period specified by the request, but refused to provide the requested information by virtue of section 40(2) (personal information) of FOIA. Ultimately, the MOJ refused to confirm or deny whether it held the requested information, citing section 40(5B)(a)(i) of FOIA (the ‘neither confirm or deny’ provision for personal information). The Commissioner’s decision is that the MOJ has properly relied on section 40(5B)(a)(i) of FOIA to refuse to confirm or deny whether any information associated with the specified assaults is held. No steps are required as a result of this notice. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0148 appeal allowed in part.
Keywords: Transgender, sexual assault