Department For Environment, Food And Rural Affairs (DEFRA)

The complainant has requested information about Common User Charges. The Department for Environment, Food and Rural Affairs (‘Defra’) initially relied on section 41 of FOIA and section 43 of FOIA to withhold the requested information. However, at internal review Defra withdrew its application of these exemptions and instead stated that it considered section 14 of FOIA to apply (vexatious request). The Commissioner’s decision is that Defra was entitled to rely on section 14(1) of FOIA to refuse the request. He also finds that Defra breached section 17 of FOIA by failing to issue its refusal notice within 20 working days. The Commissioner does not require further steps.