The complainant has requested information about the ‘Windrush generation’ from the Home Office (the ‘HO’). The HO would neither confirm nor deny whether it holds the requested information citing the cost limit at section 12(2) of the FOIA as its reason for doing so. The Commissioner’s decision is that the HO was entitled to rely on section 12(2) to neither confirm nor deny whether it holds the requested information. She also finds that the HO breached section 10(1) of FOIA by failing to respond to the request within the statutory time limit and section 16(1) by failing to give adequate advice and assistance. No steps are required.
FOI 10: Complaint upheld FOI 16: Complaint upheld FOI 12: Complaint not upheld
Citations:
[2019] UKICO fs50823062
Links:
Jurisdiction:
England and Wales
Information
Updated: 10 July 2022; Ref: scu.638696