From FOIwiki
Jump to navigationJump to search

Decision Summary

  • Case Ref: FS50159091
  • Date: 13 August 2009
  • Public Authority: Her Majesty's Courts Service
  • Summary: The complainant requested information from Her Majesty’s Courts Service (HMCS) regarding forcible search and entry powers under the Domestic Violence, Crime and Victims Act 2004. HMCS provided some redacted information and relied upon sections 31(1)(a) and 31(1)(c) of the Act to withhold the remaining information. Following the Commissioner’s intervention, the MoJ agreed to disclose most of the redacted information. The MOJ now sought to rely on the exemption under section 38(1)(b) for the remainder of the withheld information. It also continued to withhold some information on the basis of section 31(1)(c). The Commissioner finds that HMCS applied the section 38(1)(b) exemption correctly and that it applies to all of the withheld information, therefore he has not made a decision relating to the exemption under section 31(1)(c), However the Commissioner finds that HMCS incorrectly applied the section 31(1)(a) exemption, and he has also recorded several procedural breaches. This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]