Department for Work and Pensions v The Information Commissioner & Anor

Department for Work and Pensions v The Information Commissioner & Anor

The Tribunal found that the claimed prejudice to the Department's commercial interests was real and significant, as disclosure would allow competitors to reverse engineer unit pricing and gain insight into operating models, thereby distorting future tendering exercises. Although the public interest in transparency was strong, the additional insight from the withheld figures was minimal given the detailed performance information already disclosed. The reasonably strong public interest in maintaining the exemption outweighed the weak public interest in disclosure. Section 43(2) FOIA was engaged and the Department was entitled to withhold the information.

Parties
Appellant: Department for Work and Pensions; First Respondent: The Information Commissioner; Second Respondent: John Slater
Jurisdiction
England and Wales
Judgment Date
03 April 2023
Procedural Posture
FOIA Appeal / First Tier Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Freedom of Information Act 2000, Section 43(2) Exemption, Public Interest Test, Commercial Interests, Government Contracts
Information Law Public Procurement Freedom of Information Act 2000 Section 43(2) Exemption Public Interest Test Commercial Interests Government Contracts

Case Brief

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Parties

Department for Work and Pensions

Appellant

The Information Commissioner

First Respondent

John Slater

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether section 43(2) FOIA exemption is engaged for service credit and no pay amounts in PIP contract minutes
  2. 2 Whether disclosure would be likely to prejudice commercial interests of the Department or contractors
  3. 3 Whether public interest in maintaining the exemption outweighs public interest in disclosure

Ratio Decidendi

The Tribunal found that the claimed prejudice to the Department's commercial interests was real and significant, as disclosure would allow competitors to reverse engineer unit pricing and gain insight into operating models, thereby distorting future tendering exercises. Although the public interest in transparency was strong, the additional insight from the withheld figures was minimal given the detailed performance information already disclosed. The reasonably strong public interest in maintaining the exemption outweighed the weak public interest in disclosure. Section 43(2) FOIA was engaged and the Department was entitled to withhold the information.

Court Disposition

Appeal allowed

Orders

  • Section 43(2) FOIA exemption is engaged and the Department is entitled to withhold the disputed information.
  • No steps required of the Department regarding the withheld information.