Secretary of State for the Home Department (Home Office)

The complainant made a three-part request for specified information regarding the 2014 consultation on revising Section 24 of the Animals (Scientific Procedures) Act 1986. The Home Office initially refused the request in its entirety, upholding this at internal review citing section 35(1)(a) – the FOIA exemption for the formulation or development of government policy. During the course of the Commissioner’s investigation, the Home Office partly revised its position. Whilst it maintained that section 35(1)(a) of FOIA applied to parts 1 and 2 of the request, it now said that the information requested at part 3 was not held. The Commissioner’s decision is that the Home Office has properly relied on section 35(1)(a) of FOIA for the reasons set out in this notice. He also finds, on the balance of probabilities, that the Home Office does not hold the information at part 3 of the request. No steps are required as a result of this decision.