On the 19 October 2005 the complainant requested information from a database of the Clearing house of the Ministry of Justice (‘MOJ’). The MOJ originally refused the information under section 36(2)(b) and (c), but during the Commissioner’s investigation changed their reliance to section 12 of the Act whilst informing the complainant of this. The Commissioner found the MOJ in breach of section 17(5) of the Act for the late application of section 12, and s16(1) for failure to offer advice and assistance but considers the MOJ correctly applied section 12(1) of the Act to the request. He ordered the MOJ to provide appropriate advice and assistance as required by section 16(1) of the Act.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld, FOI 17 – Complaint Upheld, FOI 16 – Complaint Upheld
Citations:
[2009] UKICO FS50102962
Links:
Jurisdiction:
England and Wales
Information
Updated: 30 November 2022; Ref: scu.532438
