Ministry of Housing, Communities and Local Government

The complainant requested information regarding a decision to provide free admission to a proposed Holocaust Memorial and Learning Centre (“HMLC”) from the Department for Levelling Up, Housing and Communities (“DLUHC”), now MHCLG. MHCLG has withheld all of the requested information under section 35(1)(a) of FOIA (formulation or development of government policy). It has also applied section 42(1) to a paragraph of legal advice and section 40(2) to a small amount of personal data. The complainant has indicated they are not seeking personal data. The Commissioner’s decision is that MHCLG is not entitled to withhold the requested information under section 35(1)(a) of FOIA (formulation or development of government policy) as, although the exemption is engaged, the public interest in disclosure outweighs that in maintaining the exemption. However, MHCLG is entitled to withhold the information withheld under section 42(1) on this basis. The Commissioner requires MHCLG to disclose the information withheld under section 35(1)(a) which has not also been withheld under section 40(2) or section 42(1) of FOIA to ensure compliance with the legislation.