Secretary of State for the Home Department (Home Office)

The complainant requested records relating to an Immigration Enforcement visit to a named business premises on a specified date. The Home Office refused to provide any information, citing section 31(1)(h), the FOIA exemption for prejudice to any civil proceedings which are brought by or on behalf of a public authority etcetera. At internal review, the Home Office additionally relied on section 40(2) of FOIA – personal information. During the course of the Commissioner’s investigation, the Home Office revised its position. It said it was no longer relying on section 31(1)(h) of FOIA and disclosed the report it held, with redactions for personal information under section 40(2). The Commissioner’s decision is that the Home Office was entitled to rely on section 40(2) of FOIA for all the redactions within the disclosed material. No steps are required as a result of this notice.