Ministry of Justice

The complainant requested a prison related guidance document from 2018, namely the Category A Report Writing Guidelines. The Ministry of Justice (the ‘MOJ’) initially refused to provide the document, citing section 31(1)(f) of FOIA, (the exemption for the maintenance of security and good order in prison or in other institutions where persons are lawfully detained). However, during the course of the Commissioner’s investigation, the MOJ revised its position and disclosed some parts of the guidance document, withholding the remaining information under sections 31(1)(f) and 38(1)(a) and (b) (health and safety) of FOIA. Subsequently, the MOJ also cited section 40(2) of FOIA (personal information) for some parts of the guidance document. The Commissioner’s decision is that the MOJ was entitled to rely on section 31(1)(f) and section 40(2) of FOIA to withhold the remaining information within the requested guidance. As he has found the MOJ can rely on these FOIA exemptions, he has not deemed it necessary to consider its reliance on sections 38(1)(a) and (b). No steps are required as a result of this notice.
Keywords/themes: Risk assessment