ICO Decision Notice: Cabinet Office FOI Refusal Upheld

ICO Decision Notices

Filed March 13th, 2026

Detected March 19th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has upheld the Cabinet Office's refusal to confirm or deny holding records related to the potential proscription of Palestine Action. This decision relates to a Freedom of Information request and the application of section 35(3) of FOIA concerning ministerial communications.

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What changed

The Information Commissioner's Office (ICO) has issued Decision Notice IC/427919/Y6C6, confirming that the Cabinet Office was entitled to refuse a Freedom of Information request concerning National Security Council records. The refusal was based on section 35(3) of the Freedom of Information Act 2000 (FOIA), which allows a public authority to neither confirm nor deny the existence of information relating to ministerial communications if doing so would harm the deliberative process.

This decision means that the Cabinet Office is not required to disclose whether it holds the requested records. For government agencies, this reinforces the scope of exemptions available under FOIA for ministerial communications. No specific compliance actions are required for regulated entities beyond understanding the application of FOIA exemptions in similar contexts.

Source document (simplified)

Cabinet Office

Date 13 March 2026
Sector Central government
Decision(s) FOI 35(3): Not upheld The complainant submitted a request to the Cabinet Office seeking all National Security Council records, minutes, readouts and handwritten notes relating to the potential proscription of Palestine Action. The Cabinet Office refused to confirm or deny whether it held the requested information on the basis of section 35(3) of FOIA by virtue of section 35(1)(b) (Ministerial communications). The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 35(3) of FOIA to refuse to confirm or deny whether it holds the requested information.