ICO Upholds HM Treasury FOI Refusal on Policy Grounds

ICO Decision Notices

Filed March 19th, 2026

Detected March 24th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has upheld HM Treasury's refusal to disclose meeting notes and minutes to the Finance and Leasing Association, citing Section 35 of the Freedom of Information Act concerning government policy formulation. The ICO found that HM Treasury was entitled to withhold the information on these grounds.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice upholding HM Treasury's (HMT) refusal to disclose attendance notes and minutes from a 2024 meeting with the Finance and Leasing Association. HMT cited Section 35 of the Freedom of Information Act, which pertains to the formulation or development of government policy, as the basis for its refusal. The ICO's decision confirms that HMT is entitled to rely on this exemption.

This decision means that the requested documents will not be released to the complainant. For government agencies, this reinforces the applicability of Section 35 in protecting policy-related information from disclosure. No further steps are required from HM Treasury as the Commissioner has not upheld the complaint.

Source document (simplified)

HM Treasury

Date 19 March 2026
Sector Central government
Decision(s) FOI 35: Not upheld The complainant has requested attendance notes and minutes from the Finance and Leasing Association’s meeting with HM Treasury (HMT) in 2024. HMT refused to provide this citing section 35 (formulation/development of government policy) as its basis for doing so. It upheld this at internal review. The Commissioner’s decision is that HMT is entitled to rely on section 35 as its basis for refusing to provide the withheld information. The Commissioner does not require further steps.