The complainant requested copies of information demonstrating the action taken in respect of a particular institution. The Office for Students (‘the OfS’) refused to confirm or deny holding relevant information as it stated that to do so would prejudice its regulatory functions. The Commissioner’s decision is that the OfS was entitled to rely on section 31(3) to refuse to confirm or deny holding information within the scope of the request and that the public interest favours maintain the exemption. However, as it failed to issue its refusal notice within 20 working days, the OfS breached section 17 of the FOIA. The Commissioner does not require further steps.
FOI 17: Complaint upheld FOI 31: Complaint not upheld
Citations:
[2020] UKICO IC-41994
Links:
Jurisdiction:
England and Wales
Information
Updated: 13 August 2022; Ref: scu.657944