From FOIwiki
Jump to navigationJump to search

Decision Summary

  • Case Ref: FS50144707
  • Date: 1 March 2010
  • Public Authority: Department for Children, Schools and Families
  • Summary: The complainant requested information relating to a patent. After several revisions and clarifications, DCSF refused the request under section 12(1) of the Act. After the internal review DCSF disclosed some of the information requested but withheld the majority of the information citing sections 21, 35(1)(c), 36(2)(b) and (c) and 42 of the Act.As a result of the Commissioner’s intervention some additional information was disclosed to the complainant. With regard to the remaining withheld information DCSF no longer relied on section 35 and section 21 of the Act but applied sections 40, 36 and 42. The Commissioner finds that DCSF correctly applied sections 36(2)(b)(i) and (ii) and 42 to the information it withheld in this case. However, the Commissioner finds that DCSF wrongly applied sections 36(2)(c) and 40(2). The Commissioner also recorded a number of procedural breaches in relation to DCSF’s handling of this request.
  • View PDF of Decision Notice: [1]