Department for Communities

The complainant requested information about Universal Credit claimants. The Department for Communities (DfC) stated that it did not hold the information requested. During the course of the Commissioner’s investigation DfC confirmed that it did hold the information requested at the time the request was received. It stated that it should have issued a refusal notice relying on section 12 (appropriate limit) of the FOIA as compliance with the request would have exceeded the appropriate limit. In addition, DfC provided the information requested during the course of the Commissioner’s investigation. The Commissioner’s decision is that DfC breached sections 1 and 10 of FOIA as it failed to confirm the requested information was held within 20 working days of receipt of the request. The Commissioner also finds that DfC breached section 17 of the FOIA for failing to issue a refusal notice stating it was relying on section 12 of the FOIA within the appropriate time limit. The Commissioner does not require any steps to be taken as a result of this notice.