Home Office (Decision Notice) FS50347500: ICO 15 Aug 2011

The complainant requested information from the UK Border Agency (the UKBA) relating to the Statement of Changes in the Immigration Rules HC 367. The UKBA confirmed information was held but refused to disclose it by reference to sections 35(1)(a) (formulation and development of government policy) and 42(1) (legal professional privilege). The Commissioner investigated and finds that, in relation to the majority of the requested information, sections 35(1)(a) and 42(1) are engaged and that the balance of the public interest weighs in favour of maintaining the exemptions. However, in relation to the content of part of this information the Commissioner finds that none of the exemptions cited are engaged and that the UKBA breached sections 1(1)(b) and 10(1) in refusing to disclose this information. The UKBA is now required to disclose this information to the complainant.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 35 – Complaint Partly Upheld, FOI 42 – Complaint Partly Upheld
References: [2011] UKICO FS50347500
Links: Bailii
Jurisdiction: England and Wales

Last Update: 16 November 2020; Ref: scu.530749