The complainant submitted two requests to the Foreign, Commonwealth and Development Office (FCDO) seeking briefings provided to Ministers about Julian Assange. The FCDO refused to comply with the requests on the basis of section 12(1) (cost limit) of FOIA but did provide some advice and assistance to the complainant to allow her to make a refined request. The complainant challenged the FCDO’s reliance on section 12(1) and also argued that the FCDO had failed to provide sufficient advice and assistance to her. The Commissioner’s decision is that the FCDO can rely on section 12(1) of FOIA to refuse to the two requests. However, the Commissioner has also concluded that the FCDO could have provided the complainant with further advice and assistance and its failure to do so represents a breach of section 16(1) of FOIA.
FOI 12: Complaint not upheld FOI 16: Complaint upheld
Citations:
[2022] UKICO ic-70658
Links:
Jurisdiction:
England and Wales
Information
Updated: 17 June 2022; Ref: scu.677813