ICO Decision Notice: FOI Complaint on Chagos Islands Policy
Summary
The ICO has issued a decision notice regarding a Freedom of Information complaint against the Attorney General's Office concerning Chagos Islands policy formulation. The ICO found that the AGO correctly applied exemptions under FOIA.
What changed
The Information Commissioner's Office (ICO) has issued a decision notice (IC-447454-S9S2) concerning a Freedom of Information (FOI) complaint against the Attorney General's Office (AGO). The complainant requested information on the identification and management of potential conflicts of interest in government decision-making regarding the Chagos Islands. The AGO withheld certain information under section 35(1)(c) of the FOIA (Formulation of government policy) and neither confirmed nor denied holding information relating to conflicts between the Attorney General and Philippe Sands KC, citing section 35(3).
The ICO's decision is that the AGO correctly applied these sections of the FOIA. This means the AGO was justified in its handling of the information request under the specified exemptions. For government agencies, this reinforces the application of policy formulation exemptions and the 'neither confirm nor deny' provision in specific circumstances related to sensitive policy development and potential conflicts of interest.
Source document (simplified)
Attorney General's Office
- Date 18 February 2026
- Sector Central government, Other
- Decision(s) FOI 35: Not upheld The complainant has requested information on how potential conflicts of interest were identified and managed in relation to government decision making on the Chagos Islands. The Attorney General’s Office (AGO) disclosed some information and withheld some information under section 35(1)(c) (Formulation of government policy, etc). It would neither confirm nor deny (NCND) whether it held information relating to the management of conflicts between the Attorney General and Philippe Sands KC, citing section 35(3) of FOIA. The Commissioner’s decision is that the AGO correctly applied sections 35(1)(c) and 35(3) of FOIA
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