Secretary of State for the Home Department (Home Office)

The complainant requested information relating to individuals who had died whilst awaiting the outcome of an asylum application. The Home Office disclosed some information and withheld other information under the exemptions for health and safety (section 38) and information provided in confidence (section 41). The Commissioner’s decision is that the Home Office has not demonstrated section 38 and section 41 are engaged in respect of the nationalities of the deceased in the scope of the request, He also finds that the Home Office disclosed other information in accordance with section 1 but failed to do so in time and breached section 10(1). The Commissioner requires the Home Office to disclose the nationalities information in part 2(b) of the request.