Cabinet Office

The complainant has requested information concerning the Resignation Honours List of Prime Minister Theresa May in 2019, particularly that pertaining to the nomination of Damehood for (then serving) Commissioner of the Metropolitan Police, Cressida Dick.
The Cabinet Office initially stated that they did not hold any information within parts 1.2 to 1.6 of the request. They confirmed that they held information within part 1.1 of the request but this was exempt from disclosure under section 37(1)(b) FOIA (the conferring by the Crown of any honour or dignity). At internal review the Cabinet Office confirmed that they did in fact hold relevant information within scope of part 1.4 of the request but that this was exempt from disclosure under section 37(1)(b). The Cabinet Office also revised their previous position in neither confirming nor denying (NCND) whether they held information within parts 1.3, 1.5 and 1.6 of the request.
During the course of the Commissioner’s investigation the Cabinet Office confirmed that they held three items of information within part 1.2 of the request. One of these items of information was exempt by virtue of section 21 (information accessible to the applicant by other means), one item was exempt from disclosure in its entirety under sections 37(1)(b) and 41(1)(information provided in confidence by a third party), with sections 40(2)(third party personal data) and 23 (information provided by or relating to any of the security bodies) also applying to some of this information. The Cabinet Office disclosed the third item of information to the complainant, with redactions for information exempt under sections 37(1)(b), 40(2) and 23. The Cabinet Office disclosed to the complainant in its entiriety the information within part 1.4 of the request previously withheld under section 37(1)(b) and maintained their NCND position in respect of parts 1.3, 1.5 and 1.6 of the request.
The Commissioner’s decision is that section 37(1)(b) is engaged to the information held in part 1.1 of the request but that the public interest favours disclosure of most of this information. The Commissioner has found that section 37(1)(b) is engaged to the residual withheld information under part 1.2 of the request and that the public interest favours maintaining the exemption to this information. The Commissioner has found that the Cabinet Office correctly provided a NCND response to parts 1.3, 1.5 and 1.6 of the request and that the public interest favours maintaining section 37(2). The Commissioner has found that in their handling of this request, the Cabinet Office breached sections 1(1), 10(1) and 17(1) FOIA.
The Commissioner requires the Cabinet Office to take the following steps to ensure compliance with the legislation.
Disclose to the complainant all of the information contained in the document within scope of part 1.1 of the request, with the exception of the information specifically highlighted in the Confidential Annex attached to this notice.
The Cabinet Office 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 FT/EA/2024/0142 under appeal.