Ministry of Justice
- Date 2 May 2023
- Sector Central government
- Decision(s) FOI 10: Upheld, FOI 12: Not upheld, FOI 16: Not upheld
The complainant made two closely linked requests for information (as set out in this notice) relating to particular tribunal hearings over a specified time period. All parties agreed that the two requests should be considered together due to their similar and partially overlapping nature. The Ministry of Justice (the ‘MOJ’) responded in full to both requests. It was able to provide some of the information and initially said it did not hold the remainder. Ultimately, the MOJ revised its position and wished to rely on section 12(2) of FOIA – the ‘neither confirm nor deny’ provision within the cost exclusion. The Commissioner’s decision is that the MOJ was entitled to rely on section 12(2) for both requests. It also met its section 16 of FOIA advice and assistance obligations. However, by failing to respond to both requests within the statutory timeframe of 20 working days, the MOJ has breached section 10(1) of FOIA. No steps are required as a result of this notice.
Keywords: Court(s)