FS50102962: Difference between revisions

Revision as of 21:05, 3 May 2010

Case Ref: FS50102962
Date: 21/12/2009
Public Authority: Ministry of Defence
Summary: late application of section 12, and s16(1) for failure to offer advice and assistance but considers the MOJ correctly applied section 12(1) of the Act to the request. He ordered the MOJ to provide appropriate advice and assistance as required by section 16(1) of the Act.
View PDF of Decision Notice: [1]

Section of Act / Finding: FOI 12 - Complaint Not upheld - Find other matching decisions

Section of Act / Finding: FOI 17 - Complaint Upheld - Find other matching decisions

Section of Act / Finding: FOI 16 - Complaint Upheld - Find other matching decisions

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-{{DNSummaryBox
+	{{DNSummaryBox
 |dn_ref=FS50102962
 |dn_date=21/12/2009
 |dn_pa=Ministry of Defence
-|dn_summary=On the 19 October 2005 the complainant requested information from a database of the Clearing house of the Ministry of Justice (�MOJ�). The MOJ originally refused the information under section 36(2)(b) and (c), but during the Commissioner�s investigation changed their reliance to section 12 of the Act whilst informing the complainant of this. The Commissioner found the MOJ in breach of section 17(5) of the Act for the late application of section 12, and s16(1) for failure to offer advice and assistance but considers the MOJ correctly applied section 12(1) of the Act to the request. He ordered the MOJ to provide appropriate advice and assistance as required by section 16(1) of the Act.
+|dn_summary=late application of section 12, and s16(1) for failure to offer advice and assistance but considers the MOJ correctly applied section 12(1) of the Act to the request. He ordered the MOJ to provide appropriate advice and assistance as required by section 16(1) of the Act.
 |dn_url=http://www.ico.gov.uk/upload/documents/decisionnotices/2009/fs_50102962.pdf
 }}
 {{DNDecision
-|1=FOI 16
+|dnd_section=FOI 12
-|2=Upheld
+|dnd_finding=Not upheld
+}}
+{{DNDecision
+|dnd_section=FOI 17
+|dnd_finding=Upheld
+}}
+{{DNDecision
+|dnd_section=FOI 16
+|dnd_finding=Upheld
 }}