The complainant submitted two requests to the Department for International Development (DFID). In relation to the first request, after extending the time it needed to complete its public interest test considerations, DFID initially responded by stating that it held the information albeit it was exempt from disclosure, but at the internal review stage concluded that it did not hold any information in scope of the request. In relation to the second request DFID refused to comply with this on basis of section 12(1) (cost limit). The complainant was unhappy with the length of time taken to respond to the first request and sought to dispute the application of section 12(1) to the second request. The Commissioner has concluded that DFID is entitled to rely on section 12(1) of FOIA in relation to the second request but in respect of the first request it breached section 17(3) of FOIA by failing to complete its public interest considerations within a reasonable timeframe and also section 10(1) by failing to confirm, within 20 working days of the request, that it did not hold the requested information.
FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 12: Complaint not upheld
Citations:
[2019] UKICO fs50737328
Links:
Jurisdiction:
England and Wales
Information
Updated: 03 August 2022; Ref: scu.638677