Ministry of Housing, Communities and Local Government

The complainant requested information about any communications relating to the former Secretary of State Michael Gove and the subject of recusal. The Ministry and Housing, Communities, and Local Government refused to confirm or deny that information was held under the exemptions provided by section 40(5) (Personal information) and section 41(2) (Information provided in confidence). During the course of the Commissioner’s investigation, the MHCLG revised its position. It confirmed that information was held but withheld it under the exemption provided by section 40(2) (Personal information) and section 41(1) (Information provided in confidence). The Commissioner’s decision is that the MHCLG has correctly relied on section 40(2) of FOIA to withhold the information. However, the MHCLG breached section 10(1) by failing to confirm that the information was held within the time for compliance. The Commissioner does not require further steps to be taken.