Secretary of State for the Home Department (Home Office)

The complainant has requested information regarding the housing of migrants at RAF Scampton. Although it initially refused the request under section 43 (Commercial interests), during the Commissioner’s investigation the Home Office withdrew this and relied instead on section 14(1) (Vexatious requests) of FOIA, on the grounds of burden. It also said that, to the extent that any of the requested information was environmental information, it was applying regulation 12(4)(b) (Manifestly unreasonable request) of the EIR. The Commissioner’s decision is that the Home Office was entitled to apply section 14(1) of FOIA and regulation 12(4)(b) of the EIR to refuse the request. However, he finds that it failed to comply with section 16 of FOIA and regulation 9 of the EIR because it did not provide advice and assistance on refining the request, when it would have been reasonable for it to do so. The Commissioner requires the Home Office to provide the complainant with advice and assistance on how they may make a refined, less burdensome request. If no meaningful advice would be possible as there is no practical means by which the request could be narrowed or refined, this must be explained.