The complainant has requested the complaints handling manual and standard phrases recommended for use by complaints handlers at Her Majesty’s Court Service. After a protracted delay, the Ministry of Justice (MoJ?) provided some information but refused to provide the remainder citing section 31(1)(c) (prejudice to the administration of justice), section 42(1) (legal professional privilege) and section 40(2) (unfair disclosure of personal data) as its basis for doing so. It upheld this position at internal review. It also initially relied on section 41 (information provided in confidence) but withdrew this argument during the Commissioner’s investigation. The Commissioner’s decision is that the MoJ is entitled to rely on the exemptions it has cited as a basis for withholding most of the requested information. However, it is not entitled to rely on any of the exemptions it has cited in relation to some of the withheld information listed in a Confidential Annex to this Notice. Also, in failing to provide an adequate response within 20 working days, the MoJ contravened the requirements of sections 1(1)(a) and 10(1) of the Act.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 31 – Complaint Partly Upheld, FOI 40 – Complaint Not upheld, FOI 42 – Complaint Partly Upheld
Citations:
[2013] UKICO FS50498837
Links:
Jurisdiction:
England and Wales
Information
Updated: 01 December 2022; Ref: scu.528903
