Secretary of State for the Home Department (Home Office) (Central government) [2024] UKICO 277736 (23 July 2024)
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Secretary of State for the Home Department (Home Office)
The complainant requested information, over a specified time period, about Legionella risk assessments, water sample test results and disinfection reports relating to the Bibby Stockholm accommodation barge. The Home Office disclosed some of the requested information with redactions under section 31(law enforcement), section 40 (personal information) and section 43 (commercial interests) of FOIA. During the course of the Commissioner’s investigation, the Home Office reconsidered the request under the EIR, said it had provided the incorrect document for part 1 of the request, which it rectified at internal review and disclosed further information. The Home Office relied on Regulations 12(5)(a) (international relations), 12(5)(e) (confidentiality of commercial or industrial information), 12(5)(f) (interests of the person who provided the information to the public authority) and 13(1) (personal data) of the EIR to withhold some of the information in the disclosed Legionella Risk Assessment. However, as set out in the ‘Scope’ section of this notice, the excepted information was not held at the time of the request and so cannot be considered by the Commissioner. The complainant also raised concerns that she had not been provided with all the information in scope of her request. The Commissioner’s decision is that the request falls under the EIR. He finds, on the balance of probabilities, that the Home Office does not hold any further information in scope of the request and, therefore, it complied with Regulation 5 of the EIR. By failing to provide its internal review result within the statutory 40 working days, the Home Office has breached Regulation 11(4) of the EIR. No steps are required as a result of this notice.
EIR 5:
Complaint not upheld
EIR 11:
Complaint upheld
Decision notice: 277736
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URL: http://www.bailii.org/uk/cases/UKICO/2024/277736.html
