Section 31(2) - an explanation of the law enforcement purposes
What this guide is for
Section 31(1)(g) of FOIA says that you can withhold information if its disclosure would, or would be likely to, prejudice the regulatory functions of a public authority.
Section 31(1)(h) says that you can withhold information if its disclosure would, or would be likely to, prejudice civil proceedings that arise from certain investigations carried out by a public authority.
- · You must identify the public authority you’re envisaging harm to, and make sure it has a relevant function (such as a statutory duty).
The functions, investigations or proceedings must relate to or arise from one or more of the list of purposes set out in section 31(2).
- · You need to identify the relevant purposes, so that you can define the prejudice you think will occur from disclosure.
To help you apply sections 31(1)(g) and 31(1)(h) of FOIA, this guide explains the purposes at sections 31(2)(a)-(j) in clear terms.
The “ascertaining” purposes – sections 31(2)(a)-(e)
| What FOIA says | What it means | Example | |
| Ascertaining... | This means more than ‘finding out’. It’s about the relevant public body having responsibility for investigating, and the authority to make a formal decision. | ||
| (a) | …whether any person has failed to comply with the law | whether someone has broken the law. | Transport for London issuing fines for traffic infringements. |
| (b) | …whether any person is responsible for any conduct which is improper | whether someone has failed to meet expected professional standards (often a code of conduct). | The General Medical Council investigating a doctor’s fitness to practise. |
| (c) | …whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise | whether a regulator (this can include local authorities) should take regulatory action. | Trading Standards officers deciding whether to issue a fine. |
| (d) | …a person’s fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on | whether someone is suitable or appropriately skilled or trained to carry out their professional duties. | The Department for Business and Trade finding out if someone is fit to be a company director. |
| (e) | …the cause of an accident | why an accident happened. | The Health and Safety Executive (HSE) looking into a workplace accident. |
Protecting charities – sections 31(2)(f)-(h)
| What FOIA says | What it means | Example | |
| (f) | Protecting charities against misconduct or mismanagement (whether by trustees or other persons) in their administration | Making sure a charity is being managed properly. | The Charity Commission investigating or suspending someone. |
| (g) | Protecting the property of charities from loss or misapplication |
Making sure a charity’s funds are used properly and it doesn’t suffer loss. In practice, it can be hard to draw a clear line between protecting charities against misconduct and against loss. You can usually provide the same arguments for both 31(2)(f) and 31(2)(g). |
A Charity Commission investigation. |
| (h) | Recovering the property of charities | Getting a charity’s property back. | Charity Commission enforcement action. |
Health and safety purposes – sections 31(2)(i) and (j)
| What FOIA says | What it means | Example | |
| (i) | Securing the health, safety and welfare of persons at work | Making sure people are safe and looked after at work. | The HSE making sure chemicals are correctly labelled in a workplace. |
| (j) | Protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work | Making sure members of the public are safe from the actions of people who are at work. | The HSE making sure builders are taking steps to protect the public. |