Department for Work and Pensions (DWP)

The complainant has requested information on physical altercations involving security staff and members of the public at a specified Job Centre. The Department for Work and Pensions (DWP) disclosed some information but refused to confirm or deny whether it held the remainder on the basis of section 41(2), information provided in confidence. The Commissioner’s decision is that DWP is not entitled to rely on section 41(2) to neither confirm nor deny whether it holds the majority of the disputed information. The Commissioner also finds that DWP breached section 10(1) as it disclosed the information outside of the statutory timeframe. The Commissioner requires DWP to confirm or deny whether it holds the requested information. If held, it should either disclose this information or issue a refusal notice confirming what exemption it is relying on to withhold it. The public authority 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.