ICO Decision Notice: Home Office FOI migrant stats upheld

ICO Decision Notices

Filed March 17th, 2026

Detected March 24th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has upheld a complainant's appeal against the Home Office regarding a Freedom of Information (FOI) request for migrant arrival statistics. The ICO ruled that the Home Office improperly withheld information under the personal data exemption.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice upholding a complainant's appeal against the Home Office concerning a Freedom of Information (FOI) request for daily migrant arrival statistics. The Home Office had refused to disclose information for part 1 of the request, citing section 40(2) of the FOIA (personal information exemption). The ICO determined that the Home Office was not entitled to rely on this exemption and has ordered the disclosure of all withheld information within 30 days.

This decision has significant implications for government transparency regarding immigration data. The Home Office must now comply with the ICO's order and release the requested statistics. Compliance officers within government departments handling similar FOI requests should review their exemption justifications, particularly concerning section 40(2), to ensure they are applied correctly and not used to improperly withhold public information. Failure to comply with the ICO's order could lead to further enforcement action.

What to do next

Disclose all withheld information related to part 1 of the FOI request by April 16, 2026.
Review internal policies and procedures for applying FOI exemptions, particularly section 40(2), to ensure compliance with ICO guidance.
Assess current FOI request handling processes for potential systemic issues identified by this decision.

Source document (simplified)

Secretary of State for the Home Department (Home Office)

Date 17 March 2026
Sector Central government
Decision(s) FOI 40: Upheld The complainant requested the daily statistics of arrivals of small boat irregular migrants, broken down by specified categories and dates, in a two-part request. The Home Office provided the requested information for part 2 of the request, but refused to provide any information for part 1, citing section 40(2) – the FOIA exemption for personal information. The Commissioner’s decision is that the Home Office was not entitled to rely on section 40(2) in relation to part 1 of the request for the reasons set out in this notice. The Commissioner requires the Home Office to disclose the withheld information held in relation to part 1 of the request in its entirety, within 30 calendar days of the date of this decision notice.

Keywords: Immigration