Home Office FOIA exemption upheld, late response breach

ICO Decision Notices

Published March 26th, 2026

Detected March 31st, 2026

Summary

The Information Commissioner's Office issued a Decision Notice finding that the Home Office correctly withheld information about Palestinian Action under section 35(1)(a) FOIA (formulation or development of government policy), with the public interest favoring the exemption. The ICO also found the Home Office breached section 10 FOIA by failing to respond within 20 working days. No remedial steps required.

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What changed

The ICO determined that the Home Office properly invoked section 35(1)(a) FOIA to withhold information about Palestinian Action, finding the exemption for policy formulation engaged and the balance of public interest favored maintaining it. The complaint was partially upheld on FOI 10 grounds. Separately, the ICO found a procedural breach of section 10 FOIA due to the Home Office's late response to the original request.

Government agencies receiving FOIA requests should ensure responses are provided within 20 working days to avoid breaches. While the exemption decision in this case requires no specific remedial action, public authorities should review their FOI response procedures and timelines. This decision reinforces that section 35(1)(a) exemptions for policy formulation will be scrutinized for whether the public interest genuinely favors withholding.

What to do next

Ensure FOI responses are provided within 20 working days to avoid section 10 breaches
Review FOIA exemption procedures to ensure timely responses even when exemptions are claimed

Source document (simplified)

Secretary of State for the Home Department (Home Office)

Date 26 March 2026
Sector Central government
Decision(s) FOI 10: Upheld, FOI 35: Not upheld The complainant requested information from the Home Office about the organisation Palestinian Action. The Home Office withheld the information under section 35(1)(a) of FOIA – the formulation or development of government policy. The Commissioner’s decision is that section 35(1)(a) is engaged and that the balance of the public interest favours maintaining the exemption. The Commissioner notes that the Home Office was in breach of the requirements of section 10 of FOIA because it did not respond to the request within 20 working days. He does not require any steps as a result of this notice.