Financial Ombudsman Service Limited

The complainant has requested from the Financial Ombudsman Service (FOS) a list of topics from its guidance library. The FOS provided some information, stated that it did not hold some information, and withheld other information under sections 31(1) FOIA – law enforcement and 36(2) FOIA – prejudice to the effective conduct of public affairs. The Commissioner’s decision is that, on the balance of probabilities, the FOS does not hold the discussion board titles. He has decided that section 31(1)(a) is not engaged with regard to the one title the FOS withheld under that exemption and the information must be disclosed. However, the Commissioner is persuaded that section 31(1)(c) is engaged for the remaining titles and the public interest favours non-disclosure. He has also decided that the FOS breached sections 1(1) and 10(1) because it didn’t communicate all the non-exempt information it holds within the statutory period. Finally, he has found that the FOS did not comply with its obligations under section 11 FOIA - means of communicating information. The Commissioner requires the FOS to take the following steps to ensure compliance with the legislation.
•    Disclose the one title withheld under section 31(1)(a) FOIA.