IC-351564-M6J5

The complainant made a request for information relating to the evaluation of the first phase of the “Stop! Think Fraud” campaign. The Home Office initially refused the whole request under section 35(1) of FOIA. However, during the Commissioner’s investigation the Home Office changed its position, disclosing some information within scope of the request and refused the remaining under section 43(2) of FOIA, section 23(1) and 40(2) of FOIA. The Commissioner’s decision is that the Home Office has complied with its obligations under section 1(1) of FOIA. The Home Office was also entitled to rely on section 23(1) to withhold some information contained in the Full Report. It was also entitled to withhold some information in the Full Report and Summary Report under section 40(2) of FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 43(2) of FOIA for slide 71 and slides 73 to 78 in the Full Report and slide four in the Summary Report. However, his decision is that the Home Office has failed to demonstrate that section 43(2) of FOIA is engaged to the remaining slides contained within the Full Report and Summary Report, and it was therefore not entitled to rely on this exemption for these remaining slides. The Commissioner therefore requires the Home Office to disclose the withheld information in the Full Report and Summary Report that was withheld on the basis of section 43(2) of FOIA. These should not be slide 71 and slides 73 to 78 in the Full Report and slide four in the Summary Report as he has found that the Home Office was entitled to rely on section 43(2) of FOIA to withhold this information.