Department for Work and Pensions
- Date 16 June 2023
- Sector Central government
- Decision(s) FOI 10: Upheld, FOI 12(1): Not upheld, FOI 16: Not upheld, FOI 17: Upheld
The complainant has requested information regarding deaths occurring following sanctions to benefit payments. The Department for Work and Pensions (DWP) refused to provide the requested information, citing section 12(1) (cost of compliance exceeds appropriate limit) of FOIA.
The Commissioner’s decision is that DWP was entitled to rely on section 12(1) of FOIA to refuse to comply with the request. The Commissioner is also satisfied that DWP met its obligation to provide advice and assistance in accordance with section 16 of FOIA. However he finds that DWP breached sections 10 and 17 of FOIA as it failed to provide its refusal notice within 20 working days.
The Commissioner does not require DWP to take any further steps.
Following a review of this case it has been noted that the Commissioner erred in citing breaches of statutory timeframes, having omitted to include the Scottish bank holiday of 3 January 2023 in his calculations of the 20 working day deadline. Therefore, DWP did not breach sections 10 and 17 of FOIA.