MoJ FOI Decision Notice - Information Not Held

ICO Decision Notices

Filed March 17th, 2026

Detected March 24th, 2026

Summary

The UK Information Commissioner's Office (ICO) issued a decision notice regarding a Freedom of Information (FOI) request made to the Ministry of Justice (MoJ). The ICO determined that the MoJ was entitled to refuse the request on the grounds that the information was not held in recorded form and would require the creation of new information.

View original document View source feed page

What changed

The Information Commissioner's Office (ICO) has issued a decision notice (IC-392720-R0N8) concerning a Freedom of Information (FOI) request directed at the Ministry of Justice (MoJ). The complainant sought information regarding individuals released under an Early Release Scheme to a specific area. The MoJ contended that the information was not held for FOIA purposes as it did not exist in recorded form and would necessitate the creation of new data.

The Commissioner's decision upholds the MoJ's refusal, finding that the Ministry was justified in stating the information was not held. This decision clarifies that public authorities are not obligated to create new information to satisfy FOI requests. Regulated entities, particularly government bodies, should ensure their information handling policies align with FOIA requirements regarding the existence and retrieval of recorded data.

What to do next

Review internal policies on information retrieval and creation for FOI requests.
Ensure staff are trained on the distinction between 'information held' and 'information to be created' under FOIA.

Source document (simplified)

Ministry of Justice (MoJ)

Date 17 March 2026
Sector Central government
Decision(s) FOI 1: Not upheld The complainant has requested information about the release of individuals under the Early Release Scheme to a particular area of Middlesbrough. The Ministry of Justice (MoJ) argued that the requested information was not held for the purposes of FOIA because it did not currently exist in recorded form and could not be retrieved without creating new information. The Commissioner’s decision is that the MoJ was entitled to refuse the request on the basis that the information is not held by it for the purposes of FOIA.