Department for Work and Pensions

The complainant has requested correspondence related to a specified request previously made under FOIA. The Department for Work and Pensions (DWP) originally relied on section 14(1) to refuse to comply with the request, however, during the Commissioner’s investigation DWP changed its position and relied on section 12(1) as complying with the request would exceed the appropriate limit. The Commissioner’s decision is that DWP is entitled to rely on section 12(1) to refuse to comply with the request. The Commissioner does, however, find that DWP failed to provide reasonable advice and assistance in accordance with section 16 to aid the complainant in refining their request. The Commissioner therefore requires DWP to provide the complainant with advice and assistance regarding how to refine their request. 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 FOIA and may be dealt with as a contempt of court.