Secretary of State for the Home Department (Home Office)

The complainant has requested information in relation to deaths of asylum seekers, who died in the Home Office’s accommodation. The Home Office provided some information in relation to part 1 of the  request, but refused to provide the remainder under part 2, citing sections 38(1)(a) and (b) of FOIA – health and safety. The Home Office applied section 31(1)(a) – law enforcement and section 40(2) – personal information to withhold the information during the internal review process. During the Commissioner’s investigation, the Home Office revised its position, citing section 31(1)(c) rather than 31(1)(a); it also added reliance on section 41 – information provided in confidence. 
The Commissioner’s decision is that the Home Office was entitled to rely on section 38 of FOIA to withhold the requested information specified at part 2 of the request. 
The Commissioner does not require the Home Office to take any further steps.