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	Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> National Offender Management Service (Decision Notice) [2009] UKICO FS50147508 (30 November 2009) URL: http://www.bailii.org/uk/cases/UKICO/2009/FS50147508.html Cite as: [2009] UKICO FS50147508

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Summary: The Complainant requested from the Ministry of Justice (-�MOJ-�) information it had considered or generated during an industrial dispute with employees of the Prison Service. The MOJ communicated the majority of the requested information to the complainant however the rest was withheld under the exemption in section 36(2)(b)(i) - provision of free and frank advice - and the public interest favoured maintaining the exemption. The Commissioner found that the exemption had been properly applied, as had the public interest test. The Commissioner also decided that the public authority had failed to comply with its duty to issue an adequate refusal notice within the time limit set out in section 10(1) of the Act, which constitutes a breach of section 17(1). Information Tribunal appeal number EA/2009/0123 has been dismissed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 36 - Complaint Not upheld