Department for Work and Pensions

The complainant has requested a paper presented to the Serious Case Panel regarding the impact of errors on claimants. The Department for Work and Pensions (DWP) withheld the information under section 36(2)(b)(i) and (ii), prejudice to the effective conduct of public affairs, and considered that the balance of the public interest lay in maintaining the exemption. The Commissioner’s decision is that section 36 is engaged but that the balance of the public interest favours disclosure. However, he finds that a small amount of information engages section 44(1), statutory prohibition on disclosure, and therefore can be withheld. The complainant confirmed that they were content for personal data to be withheld. The Commissioner also finds that DWP has breached sections 10(1) and 17(1) as it failed to adequately respond within the statutory timeframe. The Commissioner requires DWP to disclose the requested information with the exception of the highlighted personal data and information that engages section 44(1). 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. Information Tribunal FTT EA/2023/0542 under appeal.