On 7 October 2008 and 3 November 2008 the complainant contacted the Commissioner to complain about the way his request of 6 February 2008 had been handled by the National Offender Management Service (NOMS). The Commissioner has decided that some of the requested information should have been considered under the Environmental Information Regulations 2004. To the extent that the EIR applied NOMS breached Regulation 5(1) and (2) in failing to provide the requested information that it eventually released within twenty working days. To the extent that the Freedom of Information Act applied to the requested information, NOMS breached sections 1(1)(a) and (b) and 10(1) by not confirming the existence of information and providing it within the statutory timescales. In relation to the information that the public authority withheld on the basis of section 40(2), the public authority breached section 17(1)(a), (b) and (c) in failing to provide a refusal notice compliant with that section within twenty working days of the request. The Commissioner has not ordered any steps.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld
Citations:
[2009] UKICO FS50216949
Links:
Jurisdiction:
England and Wales
Information
Updated: 29 March 2022; Ref: scu.532187