Department for Work and Pensions (DWP)

The complainant has requested information on the use of the “General Matching Service” (GMS). The Department for Work and Pensions (DWP) originally withheld the information on the basis of section 31(1)(a), prevention or detection of crime. However, during the Commissioner’s investigation it amended its position to rely on section 12(1), cost of compliance exceeds the appropriate limit, to refuse to comply with the request. The Commissioner’s decision is that DWP is entitled to rely on section 12(1) to refuse to comply with the request. The Commissioner finds, however, that DWP has not provided adequate advice and assistance in accordance with section 16. The Commissioner also finds that DWP has breached section 17(5) as it did not confirm it was relying on section 12(1) within the statutory timeframe. The Commissioner requires DWP to provide the complainant with adequate advice and assistance. The public authority 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.