Department for Culture, Media and Sport (DCMS)

The complainant has requested attendance lists, minutes of and ministerial briefings relating to two meetings about football regulation in 2024 between the Culture Secretary, the Minister for Sport and the Premier League. The Department for Culture, Media and Sport (DCMS) initially made a partial disclosure of attendance lists but refused to provide the remainder of the information citing section 36 (effective conduct of public affairs) FOIA and section 40(2) (third party personal data). During the course of the Commissioner’s investigation DCMS changed its position to rely on section 35(1)(a) (formulation or development of government policy) FOIA. It also disclosed to the complainant a redacted copy of the minutes and ministerial briefings relating to one of the two meetings. The Commissioner’s decision is that DCMS is entitled to rely on section 35(1)(a) as its basis for withholding the remainder of the information (the minutes and ministerial briefings relating to the second of the two meetings and the redacted parts of the first meeting) and the public interest favours maintaining the exemption. In addition, DCMS breached section 17(1) by failing to issue its refusal notice within 20 working days of the request. The Commissioner does not require further steps.