Department For Transport
- Date 20 August 2025
- Sector Central government
- Decision(s) FOI 1(1): Upheld, FOI 17: Upheld, FOI 36(2)(b)(i): Not upheld, FOI 36(2)(b)(ii): Not upheld, FOI 43(2): Not upheld, FOI 44(1)(a): Not upheld, FOI 10(3): Upheld
The complainant has requested information from the Department for Transport (DfT) about XC Trains Ltd’s performance. The DfT stated that it did not hold some of the information, it provided some information but withheld other information, applying sections 36(2)(c) – prejudice to the effective conduct of public affairs, 40(2) – personal information, 41(1) - information provided in confidence, 43(2) – commercial prejudice, and 44 FOIA - prohibitions on disclosure. The Commissioner’s decision is that the DfT has correctly refused to disclose some of the information on the basis of section 44(1)(a) by virtue of the Railways Act 1993. He has decided that the remaining withheld information has been appropriately withheld under sections 36(2)(b)(i) and (ii), and 43(2) FOIA. However, the DfT breached sections 1(1), 10(3) and 17 FOIA regarding the timeliness of its response. The Commissioner does not require further steps.