Cabinet Office (Central government) [2018] UKICO fs50736559 (2 November 2018)
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Cabinet Office
The complainant has requested information regarding ministerial misconduct complaints. The Cabinet Office has asserted that the requested information is not held. The Commissioner’s decision is that, on the balance of probabilities, the Cabinet Office does hold the requested information and has failed to fully consider and respond to the request in accordance with section 1(1). In failing to comply with section 1(1), the Cabinet Office has breached section 10(1). The Commissioner requires the Cabinet Office to issue a fresh response to the request that does not deny that the information is held (ie the Cabinet Office needs to comply with section 1(1)(a) by confirming that the information is held) and then either disclose the information, or issue a refusal notice citing a reason to withhold the information. The Cabinet Office must take these steps within 35 calendar days of the date of this decision. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10:
Complaint upheld
FOI 1:
Complaint upheld
Decision notice: fs50736559
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50736559.html
