FS50083726

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Decision Summary

  • Case Ref: FS50083726
  • Date: 5 March 2009
  • Public Authority: Foreign and Commonwealth Office
  • Summary: The complainant requested information from the Foreign and Commonwealth Office (‘FCO’) about its analysis of an article which appeared in the Lancet medical journal about the level of civilian casualties in Iraq following the invasion in May 2003. The FCO provided the complainant with some information but withheld further information on the basis of the exemptions contained at section 21, 23, 27 and 35 of the Act. The Commissioner has concluded that a number of documents are exempt from disclosure on basis of section 21 (information accessible to the applicant by other means), 23 (information relating to or supplied by security bodies), 27(1)(a) (international relations), 35(1)(a) (formulation of government policy) and 35(1)(b) (ministerial communications). However, the Commissioner has also concluded that the FCO has incorrectly applied section 21 as a basis to withhold one document which is not reasonably accessible to the complainant by other means. The Commissioner has also ordered this information to be disclosed. The Commissioner has also concluded that a number of documents are not exempt from disclosure on the basis of section 35(1)(a) because they do not relate to the formulation or development of government policy. The Commissioner has also ordered this information to be disclosed. In handling this request the Commissioner has concluded that the FCO committed procedural breaches of sections 1(1)(b), 10(1), 17(1) and 17(1)(b) of the Act. Information Tribunal appeal (EA/2009/0030) has been withdrawn.
  • View PDF of Decision Notice: [1]

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