Cabinet Office (Central Government): ICO 18 Mar 2022

The complainant has requested all documents sent to the Prime Minister from 1 December 2019 to 31 March 2020, recommending the country be put into lockdown due to the Covid-19 pandemic. The Commissioner’s decision is that the Cabinet Office has appropriately applied the exemptions at section 35(1)(a) and (b) – Formulation of government policy and Ministerial communications. However, the public interest favours disclosure of most of the information. The Commissioner requires the public authority to disclose the requested information to ensure compliance with the legislation. The Commissioner has also found that the Cabinet Office failed to issue their refusal notice to the complainant within the required timescale. The Cabinet Office therefore breached sections 10(1) and 17(1) of the FOIA. The public authority must disclose the requested information, with the exception of the information contained in paragraph 14 of the withheld information, which can be redacted, within 35 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.
FOI 35: Complaint upheld

Citations:

[2022] UKICO ic-70696

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 17 August 2022; Ref: scu.675771