Secretary of State for the Home Department (Home Office)

The complainant requested information on the number of times two named solicitors had contacted the Home Office to “get in touch” with a specified individual, (including dates if possible). The Home Office refused to confirm or deny whether the requested information was held, relying on the ‘neither confirm nor deny’ provision in section 43(3) of FOIA – commercial interests. The Commissioner’s decision is that section 43(3) of FOIA is not engaged for the reasons set out in this notice. The Commissioner requires the Home Office to take the following steps within 30 calendar days of the date of this decision notice to ensure compliance with the legislation:
•    Confirm or deny whether the requested information is held. 
•    To the extent that the requested information is held, either disclose it to the complainant or, in respect of any information the Home Office wishes to withhold, issue a refusal notice that meets the requirements of section 17 of FOIA.