Home Office FOI 17(3) Complaint Upheld for Unreasonable Delay
Summary
The ICO upheld a Freedom of Information Act complaint against the Home Office, finding that the public authority failed to complete its public interest test considerations within a reasonable time. The ICO requires the Home Office to provide a substantive response to the information request within 30 calendar days.
What changed
The ICO issued a Decision Notice finding the Home Office in breach of FOIA Section 17(3) for failing to complete its public interest test considerations within a reasonable time. The complaint was formally upheld, and the Home Office is now required to provide a complete substantive response to the requester within 30 calendar days.
Public authorities subject to FOIA should treat this decision as a reminder that Section 17(3) obligations are strictly enforceable. Failure to complete public interest considerations promptly can result in formal complaints to the ICO and binding compliance orders. Government agencies should ensure FOI case management systems track and escalate cases approaching statutory time limits to avoid similar enforcement action.
What to do next
- Complete public interest test considerations without further delay
- Provide substantive response to the outstanding FOI request within 30 calendar days
- Review FOI case management procedures to prevent future delays
Archived snapshot
Apr 10, 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.
Secretary of State for the Home Department (Home Office)
- Date 31 March 2026
- Sector Central government
- Decision(s) FOI 17(3): Upheld The public authority has failed to complete its public interest test considerations within a reasonable time in accordance with its obligations under FOIA. The Commissioner requires it to provide a substantive response to the request within 30 calendar days in accordance with its obligations under FOIA.
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