ICO (Central Government) The complainant requested information about restraint and confiscation orders made under the Proceeds of Crime Act 2002 (POCA). The Ministry of Justice (MoJ) denied holding the requested information relating to restraint orders. It also denied holding the requested information relating to confiscation orders citing section 11(5)(c) of the FOIA (the dataset provisions). The Commissioner’s decision is that the MoJ did not cite section 11 correctly and that it breached section 16 of the FOIA by failing to provide advice and assistance to the complainant about his request. The Commissioner requires the MoJ to take the following steps to ensure compliance with the legislation: issue a fresh response in accordance with its obligations under section 1 of the FOIA and provide the complainant with advice and assistance in accordance with its obligations under section 16 of the FOIA).
FOI 11: Upheld FOI 16: Upheld
Citations:
[2016] UKICO FS50630215
Links:
Jurisdiction:
England and Wales
Information
Updated: 28 January 2022; Ref: scu.573083