xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx
Our reference: VTR 5355
Date: 19/02/2015
Dear Ms. Parkes,
Thank you for your Freedom of Information request received on 15 December
2014. You stated:
I want you to email a copy of each claimant suicide peer review
anonymised/redacted. ref
http://www.theguardian.com/society/2014/dec/14/dwp-inquiries-benefit-
claimant-suicides
DWP response
I confirm that the Department holds the information you have requested but it
is being withheld as it falls under the exemption in Section 44 of the Act and
Section 36 (2) (b) and (c) of the Freedom of Information Act
The exemption at section 44 of the FoI Act
Section 123 of the Social Security Administration Act (SSSA)1992 makes it an
offence for anyone who is employed in social security administration to
disclose without lawful authority any information which he acquired in the
course of that employment and which relates to a particular person. All the
personal information contained in a Peer Review report is captured by this
provision.
Disclosing the content of these reviews, even in anonymised and summarised
form, may still allow individuals to be identified.
This triggers the FoI exemption at section 44 of the FoI Act which recognises
existing statutory bars to disclosure contained in other statutes. Section 44 is
an absolute exemption which means that there is no requirement to consider
the public interest test in such cases.
The exemptions at section 36(2)(b) and (c) of the FoI Act
This exemption covers information which if released would, or would be likely
to, prejudice the free and frank provision of advice or which would otherwise,
or would be likely otherwise, to prejudice the effective conduct of public
affairs.
This is because disclosing the recommendations contained in these reviews,
even in anonymised format, would be likely to inhibit the candour of their
authors and so undermine their purpose.
This exemption requires the public interest for and against disclosure to be
balanced. In this instance we concluded that the public interest weighed in
favour of withholding the requested information because of the risks and harm
identified above.
If you have any queries about this letter please contact us quoting the
reference number above.
Yours sincerely,
DWP Central FoI Team
Your right to complain under the Freedom of Information Act
If you are not happy with this response you may request an internal review by e-mailing
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx or by writing to: DWP, Central FoI Team,
Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two
months of the date of this letter.
If you are not content with the outcome of the internal review you may apply directly to the
Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a
decision unless you have exhausted our own complaints procedure. The Information
Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow Cheshire SK9 5AF
www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745
