This case was referred to ICO (04/06/2021)

Reference: IC-110765-P2P9

Freedom of Information Act 2000 (FOIA)

Decision notice

Date: 19 July 2021
Public Authority: Ministry of Defence
Address: Whitehall
London
SW1A 2HB

Decision (including any steps ordered)

1. The complainant requested information from the Ministry of Defence
(“MOD”) relating to the joint service manual of the law of armed conflict
(JSP 398). By the date of this notice the MOD had not provided a
substantive response to the request.

2. The Commissioner’s decision is that the MOD has failed to respond to
the request within 20 working days and has therefore breached section
10 of the FOIA.

3. The Commissioner requires the MOD to take the following steps to
ensure compliance with the legislation.
• Issue a substantive response to the request in accordance with its
obligations under the FOIA.

4. The MOD must take these steps within 35 calendar days of the date of
this decision notice. Failure to comply may result in the Commissioner
making written certification of this fact to the High Court pursuant to
section 54 of the Act and may be dealt with as a contempt of court.

Request and response

5. On 18 March 2021, the complainant wrote to the MOD via the What Do
They Know website and requested information in the following terms:
“Freedom of Information Act 2000
Please provide the following information
1. A dated list of editions of JSP 398 and any changing document
titles.
2. A copy of the extant edition of JSP 398”

6. Whilst the MOD did not acknowledge this request, the complainant has
provided evidence which shows that the request sent to the MOD’s
published email address. Therefore, the Commissioner has assumed that
the request was received by the MOD.

7. On 2 May 2021 and 27 May 2021, as the complainant had not received a
response, she wrote to the MOD to ask for an update on the status of
her request. By the date of this notice the MOD had not provided a
substantive response to the request.

Scope of the case
8. The complainant contacted the Commissioner on 4 June 2021 to
complain about the MOD’s failure to respond to her request.

9. The Commissioner contacted the MOD on 22 June 2021 reminding it of
its responsibilities and asking it to provide a substantive response to the
complainant within 10 working days.

10. The Commissioner also contacted the complainant on 22 June 2021 to
explain that the MOD had been given 10 working days from that date
within which to provide a response to their request.

11. By the date of this notice, the complainant had not received a
substantive response to her information request.

12. The scope of this notice and the following analysis is to consider whether the MOD has complied with section 10 of the FOIA.

Reasons for decision

13. Section 1 of the FOIA states that:
Any person making a request for information to a public authority is
entitled –
(a) To be informed in writing by the public authority whether it holds
information of the description specified in the request, and
(b) If that is the case, to have that information communicated to him.

14. Section 10 of the FOIA states that responses to requests made under
the Act must be provided, “promptly and in any event not later than the
twentieth working day following the date of receipt.”

15. The MOD did not provide a substantive response to the request within
20 working days of receipt. Therefore, the Commissioner’s decision is
that the MOD has breached section 10 of the FOIA.

Right of appeal
16. Either party has the right to appeal against this decision notice to the
First-tier Tribunal (Information Rights). Information about the appeals
process may be obtained from:
First-tier Tribunal (Information Rights)

This case was referred back to ICO (09/03/2022)

Referred back to ICO for investigation (16/05/22)

On 10/2/2023 the Information Commissioner issued his decison notice in this case.
...
Reference: IC-159921-V9L3

Freedom of Information Act 2000 (FOIA)

Decision notice

Date: 10 February 2023
Public Authority: Ministry of Defence
Address: Whitehall
London
SW1A 2HB

Complainant: Ceri Gibbons

Decision (including any steps ordered)

1. The complainant submitted a request to the Ministry of Defence (MOD)
seeking a list of editions of ‘JSP 398 - UK Rules of Engagement’ and a
copy of the latest edition. The MOD provided him with a list of editions
and a redacted copy of the latest edition. It explained that the
redactions had been made on the basis of sections 23(1) (security
bodies), 24(1) (national security) and 26(1)(a) and (b) (defence) of
FOIA.
2. The Commissioner’s decision is that the MOD can rely on section 23(1)
or sections 26(1)(a) and (b) to withhold the redacted information. The
only exception to this conclusion is in respect of the redaction contained
at paragraph 33, page 8 of Part 2 of JSP 398; the Commissioner does
not accept that this redaction is exempt from disclosure on the basis of
sections 26(1)(a) and (b) of FOIA.
3. The Commissioner requires the public authority to take the following
steps to ensure compliance with the legislation:

Provide the complainant with an unredacted copy of the paragraph
33, page 8 of Part 2 of JSP 398.

4. The public authority must take these steps within 35 calendar days of
the date of this decision notice. Failure to comply may result in the
Commissioner making written certification of this fact to the High Court
pursuant to section 54 of FOIA and may be dealt with as a contempt of
court.