HM Treasury (Central government) [2023] UKICO 226473 (27 September 2023)
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HM Treasury
The complainant has requested information from HM Treasury (HMT) regarding the minutes and other recorded information of Loan Charge Review meetings held on two specific dates. The Commissioner’s decision is: HMT was entitled to rely on sections 31(1)(a), 31(1)(d), 35(1)(a) and 42(1). HMT was not entitled to rely on either section 40(5B) or section 41(2) to refuse to confirm or deny whether further information was held. HMT failed to identify all relevant information within the scope of the request or issue a refusal notice within 20 working days and therefore breached sections 10 and 17 of FOIA respectively. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Confirm or deny whether it holds information relating to the four meetings it identified in its correspondence to the complainant dated 11 August 2023; If information is held, either provide that information or issue a refusal notice in accordance with section 17 of FOIA. The public authority 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 31:
Complaint not upheld
FOI 10:
Complaint upheld
FOI 41:
Complaint upheld
FOI 40(5B):
Complaint upheld
FOI 17:
Complaint upheld
FOI 42(1):
Complaint not upheld
Decision notice: 226473
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URL: http://www.bailii.org/uk/cases/UKICO/2023/226473.html
