Cabinet Office (Central government) [2024] UKICO 277426 (9 July 2024)
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Cabinet Office
The complainant has requested information issued to sensitivity reviewers in order to carry out their work under the Public Records and National Archive Acts for the period 2021 to March 2023, with specific reference to the handling of royal matters. The Cabinet Office initially advised that the information requested was exempt under section 27(prejudice to international relations) of FOIA, subsequently revising the exemption relied upon to section 37(1)(ac)(communications with other members of the Royal Family). The Cabinet Office later advised that the information was instead exempt in its entirety under section 37(1)(a)(communications with the Sovereign). This absolute exemption was upheld at internal review. During the Commissioner’s investigation, the Cabinet Office advised that in addition to section 37(1)(a), they were also applying sections 36(2)(b)(i) and (ii)(prejudice to effective conduct of public affairs) to the information requested. The Commissioner has found that the Cabinet Office has correctly interpreted the scope of the request and that the information requested is exempt from disclosure under section 37(1)(a). However, in their handling of the request, the Commissioner has found that the Cabinet Office breached sections 10(1) and 17(1) of FOIA. The Commissioner does not require any steps to be taken by the Cabinet Office.
FOI 17:
Complaint upheld
FOI 37(1)(a):
Complaint not upheld
FOI 10(1):
Complaint upheld
Decision notice: 277426
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URL: http://www.bailii.org/uk/cases/UKICO/2024/277426.html
