Guidance to decision-makers on the exercise of the discretion

The request was partially successful.

Dear HM Revenue and Customs,

I understand that in cases where an award of child benefit is disputed HMRC can use it's discretion to determine who receives the child benefit.

I understand that HMRC have an internal document giving guidance to decision-makers on the exercise of the discretion.

Can you send me a copy of that internal document,

Yours faithfully,

Ed Pybus

HM Revenue and Customs

 
 
FOI 1576/16
 
Thank you for your communication of 24 March 2016 which has been passed to
HMRC’s Freedom of Information Team. 
 
We have allocated the above reference which you should quote if you need
to contact us.  
 
The Team will arrange for a reply to be sent to you which will either
comply with HMRC’s obligations under Freedom of Information Act or, if we
think it’s an enquiry that we don’t need to address under the terms of the
Act, let you know why.  If it is the latter we will, if possible, pass it
on to a more appropriate part of the Department for answer. 
 
HMRC
Freedom of Information Team
 
 
 
 

The information in this e-mail and any attachments is confidential and may
be subject to legal professional privilege. Unless you are the intended
recipient or his/her representative you are not authorised to, and must
not, read, copy, distribute, use or retain this message or any part of it.
If you are not the intended recipient, please notify the sender
immediately.

 

HM Revenue & Customs computer systems will be monitored and communications
carried on them recorded, to secure the effective operation of the system
and for lawful purposes.

 

The Commissioners for HM Revenue and Customs are not liable for any
personal views of the sender.

 

This e-mail may have been intercepted and its information altered.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

HM Revenue and Customs

1 Attachment

 

FOI 1576/16,

 

Please find the response to your Freedom of Information request attached.

 

 

HMRC

Freedom of Information Team

 

 

The information in this e-mail and any attachments is confidential and may
be subject to legal professional privilege. Unless you are the intended
recipient or his/her representative you are not authorised to, and must
not, read, copy, distribute, use or retain this message or any part of it.
If you are not the intended recipient, please notify the sender
immediately.

 

HM Revenue & Customs computer systems will be monitored and communications
carried on them recorded, to secure the effective operation of the system
and for lawful purposes.

 

The Commissioners for HM Revenue and Customs are not liable for any
personal views of the sender.

 

This e-mail may have been intercepted and its information altered.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear HM Revenue and Customs,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of HM Revenue and Customs's handling of my FOI request 'Guidance to decision-makers on the exercise of the discretion'.

HMRC have decided that an exemption exists under Section 22(1). I would dispute this. A similar response was given in 2010 https://www.whatdotheyknow.com/request/e... which suggests this is disingenuous use of section 22.

ICO guidance states that "The closer to the date of publication, the more reasonable it is likely to be for the public authority to withhold the information until publication has taken place." Since we appear no closer to publication than in 2010 I would suggest that it is unreasonable for HMRC to withhold the information in this case.

Whilst I accept that public authorities have a reasonable entitlement to make their own arrangements regarding publication it seems in this case there is no reasonable plans for publication so the exemption would not apply in this case.

HMRC are using the current 'draft' guidance to determine current applications. I would argue that this draft guidance should be published as a response to this request. This is in the interests of justice as it allows claimants access to the information that decision makers use to make their decisions and is therefore required should a claimant wish to challenge that decision.

If HMRC feels that it is unfair for this draft guidance (that has been in use for at least 5 years) to a single applicant would be unfair they should also publish the draft guidance at the same time.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/g...

Yours faithfully,

Ed Pybus

HM Revenue and Customs

FOI 1576/16

Thank you for your communication of 26 April 2016 which has been passed to HMRC’s Freedom of Information Team.

We have allocated the above reference which you should quote if you need to contact us.

The Team will arrange for a reply to be sent to you which will either comply with HMRC’s obligations under Freedom of Information Act or, if we think it’s an enquiry that we don’t need to address under the terms of the Act, let you know why. If it is the latter we will, if possible, pass it on to a more appropriate part of the Department for answer.

HMRC
Freedom of Information Team

show quoted sections

HM Revenue and Customs

4 Attachments

Dear Mr Pybus,

 

Please find attached a  reply to your request for an internal review.

 

Kind regards

 

Graeme Osborne

 

HMRC 

Benefits & Credits

Room 1C/13 | 100 Parliament Street | London SW1A 2BQ

 

 

 

The information in this e-mail and any attachments is confidential and may
be subject to legal professional privilege. Unless you are the intended
recipient or his/her representative you are not authorised to, and must
not, read, copy, distribute, use or retain this message or any part of it.
If you are not the intended recipient, please notify the sender
immediately.

 

HM Revenue & Customs computer systems will be monitored and communications
carried on them recorded, to secure the effective operation of the system
and for lawful purposes.

 

The Commissioners for HM Revenue and Customs are not liable for any
personal views of the sender.

 

This e-mail may have been intercepted and its information altered.