Ministry of Housing, Communities and Local Government (Department for Levelling Up, Housing and Communities)

The complainant requested information from the Ministry of Housing, Communities and Local Government (MHCLG) relating to Angela Rayner’s, the former Secretary of State for Housing, Communities and Local Government, attendance at an event. Whilst the MHCLG initially refused to provide the requested information under section 35(1)(d) of FOIA, it later disclosed some information to the complainant. However, it maintained its reliance on section 35(1)(d) to withhold a briefing note. The Commissioner’s decision is that the MHCLG is not entitled to rely on section 35(1)(d) (the operation of a ministerial private office) of FOIA to refuse to provide a briefing note. The Commissioner requires the MHCLG to take the following steps to ensure compliance with the legislation. Disclose the withheld briefing note making appropriate personal data redactions as described at paragraph 26 of this notice. The MHCLG must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.