Secretary of State for the Home Department (Home Office)

The complainant requested “any and all” ministerial submissions to Home Office Ministers and/or the Secretary of State relating to Manston Immigration Centre in 2022. The Home Office refused to provide the requested information, citing the FOIA exemptions in sections 31(1)(e) (the operation of immigration controls), 35(1)(a) (the formulation or development of government policy), 40(2) (personal information) and 42(1) (legal professional privilege). The complainant was not concerned about the application of section 40(2) so the Commissioner has disregarded this from his investigation. The Commissioner’s decision is that the Home Office was entitled to rely on section 35(1)(a) of FOIA applied to the majority of the withheld information. He also finds that section 42 of FOIA was engaged where applied. As he has found section 35(1)(a) to be engaged, the Commissioner has not deemed it necessary to consider the Home Office’s additional reliance on section 31(1)(e) of FOIA which was applied to the same information withheld under section 35(1)(a) of FOIA. No steps are required as a result of this notice.

Keywords: Inquiry