Secretary of State for the Home Department (Home Office)

The complainant made a request for information relating to transport provided to asylum seekers and others staying at a named UK address. The Home Office neither confirmed nor denied holding the requested information, citing section 38(2) (health and safety) of FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 38(2) of FOIA to refuse to confirm or deny whether it holds any information falling within the scope of the request. The Commissioner does not require further steps are requires as a result of this decision.