ICO The complainant requested all unpublished background information held by the public authority about the End of Custody Licence Scheme. The public authority refused to disclose the information requested, with the exemptions provided by sections 35(1)(b) (information relating to Ministerial communications), 36(2)(b)(i) (inhibition to the free and frank provision of advice), 36(2)(b)(ii) (inhibition to the free and frank exchange of views) and 41(1) (information provided in confidence) cited. The Commissioner finds that a minority of this information was exempt from disclosure by virtue of section 36(2)(b)(i), but that, in relation to the remainder of the information, none of the exemptions cited are upheld and the public authority is required to disclose this information to the complainant. The Commissioner also finds that the public authority failed to comply with the procedural requirements of sections 1(1)(b), 10(1), 17(1) and 17(3)(b). Information Tribunal appeal number EA/2010/0181 has been disposed of by way of a consent order.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 35 – Complaint Not upheld, FOI 36 – Complaint Partly Upheld, FOI 41 – Complaint Upheld
[2010] UKICO FS50277147
Bailii
England and Wales
Information, Prisons
Updated: 12 December 2021; Ref: scu.531670