Department for Environment Food and Rural Affairs
- Date 9 May 2023
- Sector Central government
- Decision(s) FOI 1(1): Partly upheld, FOI 40(2): Not upheld, FOI 41(1): Upheld, FOI 43(2): Upheld
The complainant submitted a request to the department for Environment, Food and Rural Affairs (“Defra”) for information relating to the Seasonal Worker scheme.
The Commissioner’s decision is that Defra was entitled to rely on section 40(2) of FOIA, with reliance on section 40(3)(a), to withhold information in relation to question three, but that it was not entitled to rely on section 43(2) nor section 41(1) to withhold the information in relation to question one. He also considers that on the balance of probabilities, Defra does not hold any information in relation to questions two, seven and eight and has therefore complied with section 1(1) of FOIA. However, in relation to question six, the Commissioner’s decision is that Defra did not carry out sufficient searches to confirm, on the balance of probabilities, whether the information is held.
The Commissioner requires Defra to take the following steps to ensure compliance with the legislation:
• To carry out further searches and to respond again to question six of the request as required by section 1 of FOIA.
• To disclose the information in relation to question one of the request.
The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.