Department for Levelling Up, Housing and Communities
- Date 7 February 2024
- Sector Central government
- Decision(s) FOI 35(1)(a): Upheld, FOI 40(2): Not upheld, FOI 43(2): Upheld
The complainant requested various information regarding the Business Case from Homes England on a Planned Exit Scheme in relation to the ending of its Help to Buy scheme. The Department for Levelling Up, Housing and Communities (‘the DLUHC’) refused the request citing section 35(1)(a) (the formulation and development of government policy) and section 43(2) (commercial interests). During the course of the Commissioner’s investigation, the DLUHC also applied section 40(2) (personal information) to a small part of the information. The Commissioner’s decision is that the DLUHC was not entitled to rely on either section 35(1)(a) or section 43(2) FOIA. It was however entitled to rely on section 40(2) in respect of a small amount of personal information within the business case and the bulk of the supporting information.