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Hafan

Ministry of Justice (MoJ)

  • Date 18 December 2025
  • Sector Central government
  • Decision(s) FOI 40: Partly upheld, FOI 41: Upheld

1.    The complainant requested from the Ministry of Justice (MOJ) disclosure of an Independent Assessor’s report in relation to a well known case of miscarriage of justice. The MOJ first refused to disclose the requested information relying on section 40(2) of FOIA (personal data). After internal review it withdrew its reliance on section 40 and cited section 41 of FOIA (information provided in confidence) as a basis for non-disclosure.
2.    The Commissioner’s decision is that section 41 of FOIA is not engaged in relation to the requested information. The Commissioner’s decision is also that section 40(2) of FOIA is engaged in relation to some of the requested information.
3.    The Commissioner requires the MOJ to take the following steps to ensure compliance with the legislation:-
•    Disclose paragraphs 1-13 of the Independent Assessor’s report.
4.    The MOJ 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.