ICO The complainant requested that Her Majesty’s Revenue and Customs (‘HMRC’) should provide him with information concerning its ‘loan back’ policy concerning the transfer of staff between HMRC and the United Kingdom Borders Agency (‘UKBA’). He also asked for his terms and conditions of employment which addressed the issue of ‘loan back’. HMRC explained that it did not hold a ‘loan back’ policy. It referred the complainant to information about the support role of transferred staff that was on its intranet, therefore applying section 21(1) of the Freedom of Information Act 2000 (the ‘Act’) to this part of the request. HMRC also applied section 42(1) to legal advice documents which it held and confirmed that it did not hold any terms and conditions with respect to the ‘loan back’ arrangement. The Commissioner finds that HMRC was correct to apply section 21(1) and section 42(1) and is satisfied that HMRC does not hold terms and conditions which refer to the policy of ‘loan back’. The Commissioner finds a number of procedural breaches.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 21 – Complaint Not upheld, FOI 42 – Complaint Not upheld
[2011] UKICO FS50362924
Bailii
England and Wales
Information
Updated: 11 December 2021; Ref: scu.530747
