Ministry of Justice
- Date 27 November 2023
- Sector Central government
- Decision(s) FOI 40: Not upheld
The complainant requested information about damages and costs paid as a result of assaults on biologically female prisoners by biologically male prisoners in UK prisons. The Ministry of Justice (the ‘MOJ’) refused to confirm or deny whether it held the requested information, citing the ‘neither confirm nor deny’ provision within section 40(5) of FOIA (the exemption for personal information).The Commissioner’s decision is that the MOJ has properly relied on section 40(5B)(a)(i) of FOIA to refuse to confirm or deny whether any information associated with the specified assaults is held.No steps are required as a result of this notice. Information Tribunal FTT EA/2023/0519 appeal dismissed.