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Decision Summary

  • Case Ref: FS50161574
  • Date: 21 December 2009
  • Public Authority: Cabinet Office
  • Summary: The complainant requested from the Cabinet Office the information contained in four files relating to the 1984/5 miners’ strike. After a significant delay to consider the public interest test, the Cabinet Office provided some of the requested information, but withheld the remainder by reference to sections 23, 35(1)(a) and 42(1) of the Freedom of Information Act 2000 (‘the Act’). During the course of the Commissioner’s investigation the Cabinet Office released further information, and added section 35(1)(b) as the principal exemption, as well as applying a ‘neither confirm nor deny’ response under section 35(3). The Commissioner upheld the application of the exemptions to some information, but decided that the Cabinet Office had incorrectly withheld a large proportion of it which he required to be disclosed. He also decided that the Cabinet Office breached sections 1(1)(a) and 1(1)(b), 10(1) and 17(3) of the Act. This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]