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

The complainant has requested information about the responses received for a public consultation. The Ministry of Housing, Communities and Local Government initially stated that the information was withheld under the exemptions provided by section 22 (Information intended for future publication), section 35 (Formulation or development of government policy), and section 40(2) (Personal information) of FOIA. During the course of investigation, the MHCLG informed the Commissioner that it no longer wished to rely upon section 22. However, it considered that section 35 and section 40(2) would still apply, and further, that it also considered the request to fall under section 14(1) (Vexatious requests) on the grounds of burden. The Commissioner’s decision is that the MHCLG is entitled to refuse to comply with the request under section 14(1). However, in failing to issue a refusal notice, the MHCLG breached section 17(5) (Refusal of request). The Commissioner does not require further steps but refers the MHCLG to the points raised in ‘Other matters’.