Home Office

The complainant has requested copies of “Assessment of a Request for Prospective Authorisation of a Regulatory In Vivo Test ” forms from the Home Office. The Home Office disclosed some information but withheld the remainder, citing sections 44(1) (Prohibitions on disclosure), 40(2) (Personal information) and 38(1) (Health and safety) of FOIA; it also advised that one form could not be located. The complainant agreed that any information withheld under sections 40 and 38 of FOIA could be properly withheld. The Commissioner has considered the applicability of section 44(1) of FOIA and whether or not the missing form is held. The Commissioner’s decision is that, on the civil standard of the balance of probabilities, the form that could not be located is not held. He also finds that, where cited, section 44 is properly engaged. The Commissioner does not require any steps. Information Tribunal FT/EA/2024/0288 under appeal.