Home Office

The complainant has requested copies of any viability assessments and related correspondence on reported plans to use two holiday camps to house asylum seekers. The Home Office would neither confirm nor deny holding the information, citing section 38(2) (Health and safety) of FOIA. The Commissioner’s decision is that the Home Office was not entitled to rely on section 38(2) to refuse to confirm or deny whether it holds any information falling within the scope of the request. The Commissioner requires the Home Office to confirm or deny that it holds any information falling within the scope of the request. If it does hold information, either this information should be disclosed in accordance with section 1(1)(b) of FOIA, or the Home Office should explain the exemption(s) being relied upon to withhold it, in accordance with its obligations under section 17 of FOIA.