Home Office (Central government) [2019] UKICO fs50768317 (6 February 2019)
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Home Office
The complainant has requested information about service credits relating to contracts for the provision of asylum accommodation. The Home Office withheld the information, citing section 43(2) (Commercial interests) of the FOIA. The Commissioner’s decision is that the Home Office has failed to demonstrate that disclosing the requested information would be likely to prejudice its, or any of its service providers, commercial interests. The Commissioner therefore considers that section 43(2) of the FOIA is not engaged. The Commissioner also considers that the Home Office has breached sections 10(1) (Time for compliance) and 17(1) (Refusal of a request) of the FOIA. The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation. To disclose the withheld information to the complainant. The Home Office must take these steps within 35 calendar days of the date of this decision notice. 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 17:
Complaint upheld
FOI 43(2):
Complaint upheld
FOI 10(1):
Complaint upheld
Decision notice: fs50768317
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50768317.html
