HMT Labour Together FOIA Request Not Upheld
Summary
The ICO issued a decision notice finding that HM Treasury (HMT) did not violate FOIA by stating it does not hold information about meetings between HMT officials and Labour Together. However, the ICO found that HMT breached section 10(1) of FOIA by failing to respond to the request within the statutory 20 working days, as clarification was not sought until 16 January 2025 for a request made on 7 November 2024. The ICO requires no remedial steps to be taken.
What changed
The ICO issued a decision notice finding that HM Treasury's response to a Freedom of Information request regarding its interactions with Labour Together was substantively compliant, as HMT does not appear to hold the requested information. However, the ICO identified a procedural breach of section 10(1) of FOIA due to HMT's delayed request for clarification, which exceeded the statutory 20 working day response window.
Public authorities subject to FOIA should ensure that any requests for clarification are issued promptly and within the statutory timeframe. While this decision does not require specific remedial action, it reinforces that failure to meet procedural deadlines constitutes a breach of FOIA obligations, even where the substantive response may ultimately be compliant.
What to do next
- Review internal FOIA response procedures to ensure statutory deadlines are met
- Ensure clarification requests are issued within 20 working days of receiving requests
Archived snapshot
Apr 8, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
HM Treasury
- Date 2 April 2026
- Sector Central government
- Decision(s) FOI 1: Not upheld The complainant has requested information relating to meetings and correspondence between ministers and officials at HMT and Labour Together.HMT stated that it did not hold the information within the scope of the request.The Commissioner’s decision is that, on the balance of probabilities, HMT does not hold requested information for the purposes of section 1(1)(a) of FOIA. A public authority will breach section 10 if it fails to respond to a request within 20 working days. The request was made on 7 November 2024. HMT did not seek clarification of the request until 16 January 2025, which was outside the statutory 20 working days. The Commissioner therefore finds a breach of section 10(1) of FOIA.The Commissioner requires no steps to be taken.
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