Department for Work and Pensions (DWP)

The complainant has requested the contracts between the Department for Work and Pensions (DWP) and the suppliers of “Functional Assessment Services” (FAS). DWP originally relied on section 22(1), information intended for future publication, but amended its position during the Commissioner’s investigation. It disclosed a significant amount of information but withheld some information on the basis of section 40(2), personal data, section 41(1), information provided in confidence, and section 43(2), commercial interests. The complainant confirmed that they did not dispute the redactions made on the basis of sections 40(2) and 41(1), and only disputed a portion of the redactions made on the basis of section 43(2). The Commissioner’s decision is that DWP is entitled to rely on section 43(2) to withhold the disputed information. He does however find that DWP breached section 10(1) as it disclosed information outside of the statutory timeframe. The Commissioner does not require DWP to take any steps.