ICO The complainant requested from the Crown Prosecution Service (CPS) internal communications dating from around the time of the publication of the report of the Hillsborough Independent Panel. The CPS disclosed some information, but withheld the remainder under sections 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and exchange of views) and 41(1) (information provided in confidence) of the FOIA. The Commissioner’s decision is that sections 36(2)(b)(i) and (ii) were cited correctly and so the CPS is not required to disclose the information withheld under those exemptions. However, the Commissioner has also found that section 41(1) was cited incorrectly. The Commissioner requires the CPS to take the following steps to ensure compliance with the legislation. Disclose the information which was withheld under section 41(1).
Section of Act/EIR and Finding: FOI 36 – Complaint Not upheld, FOI 41 – Complaint Upheld
Citations:
[2013] UKICO FS50495066
Links:
Jurisdiction:
England and Wales
Information
Updated: 22 September 2022; Ref: scu.528965