Secretary of State for the Home Department (Home Office)
- Date 24 November 2025
- Sector Central government
- Decision(s) FOI 38: Upheld, FOI 40(2): Upheld
The complainant requested information in respect of Jordanian nationals.
The Home Office relied on section 40(2) of FOIA (third party personal data) and section 38 of FOIA (health and safety) to withhold some of the requested information.
The Commissioner’s decision is that the Home Office is not entitled to rely on section 40(2) or section 38 of FOIA to withhold some of the requested information.
The Commissioner’s decision is that the Home Office breached section 10 of FOIA in failing to disclose information within the statutory deadline.
The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation:
• Disclose the withheld information.
The Home Office must take these steps within 30 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.