Department for Work and Pensions (Central government) [2022] UKICO 83393 (4 August 2022)
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Department for Work and Pensions
The complainant has requested the minutes of meetings taking place between the Department for Work and Pensions (DWP) and its contractors providing Work Capability assessments for Personal Independence Payment benefit. DWP has disclosed the minutes but redacted some information under the exemptions at sections 31, 36, 38, 40 and 43 of FOIA. The complainant does not dispute the redactions made under sections 36, 38 and 40.The Commissioner’s decision is that DWP is entitled to withhold some of the requested information as section 31(1)(a) is engaged and the public interest favours maintaining the exemption. With regards to the information withheld under section 43, the Commissioner considers that the exemption is not engaged for the majority of the disputed information. However, for the small amount of information that does engage the exemption, the public interest favours maintaining the exemption. The Commissioner requires the public authority to disclose the information currently withheld under section 43(2) with the exception of the information relating to the third party subcontractors. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
FOI 31:
Complaint not upheld
FOI 43:
Complaint partly upheld
Decision notice: 83393
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URL: http://www.bailii.org/uk/cases/UKICO/2022/83393.html