The Information Commissioner's Office (ICO) has issued a decision notice finding that the Department for Communities (DfC) breached sections 1 and 10 of the Freedom of Information Act (FOIA) by failing to confirm it held requested information about Universal Credit claimants within the statutory 20-working-day period. Additionally, the DfC breached section 17 of the FOIA by failing to issue a timely refusal notice, specifically citing section 12 (appropriate limit) as justification for not providing the information. Although the DfC eventually provided the information and confirmed it held it at the time of the request, the Commissioner determined these procedural failures constituted a breach.

While the ICO found breaches occurred, it has decided not to require any further steps to be taken by the DfC. This decision implies that while procedural compliance failures were identified, the subsequent actions of the DfC in providing the information and the nature of the breaches did not warrant mandatory corrective actions or penalties. Regulated entities, particularly government agencies, should note that failure to adhere to FOIA timelines and proper refusal notice procedures can result in a finding of breach, even if the information is eventually disclosed.