Disclosure Team
Ministry of Justice
102 Petty France
London
SW1H 9AJ
Alison Melville
xxxx.xxxxxx@xxxxxxx.xxx.xx
Postal or email address
2nd May 2023
Dear Alison,
Freedom of Information Act (FOIA) Request – 230408005
Thank you for your request dated 20th April 2023 in which you asked for the fol owing
information from the Ministry of Justice (MoJ):
“Dear Judicial Office for England and Wales,
Please provide the minutes from the concluding session of the Litigants in Person
engagement group that took place on 30th November 2022.”
Your request has been handled under the FOIA.
I can confirm that HMCTS holds al of the information that you have requested. However, it is
partial y exempt from disclosure under section 40(2) of the FOIA, because it contains
personal data.
For this reason, in the version of the minutes you have requested. we have redacted the
names of attendees from external organisations but retained the names of the organisations
they represent. We have also redacted the names of HMCTS officials for the same reason,
except for the Chairs of the Litigants in Person engagement group. The minutes of the
discussion in the meeting have not been redacted.
Section 40(2) and section 40(3A)(a) of the FOIA taken together mean that personal data can
only be released if to do so would not contravene any of the principles set out in Article 5(1)
of the General Data Protection Regulation (GDPR) and section 34(1) of the Data Protection
Act 2018.
Individuals have a clear and strong expectation that their personal data wil be held in
confidence and not disclosed to the public under the FOIA. Also, although s40 is an
absolute exemption, we have considered whether there is a wider public interest in
disclosing this personal information, that would override the fundamental rights of those
concerned. We have concluded there is no such public interest in this instance.
We believe releasing the requested information into the public domain would be unlawful;
the personal information is therefore exempt from disclosure under section 40(2).
This is an absolute exemption and does not require a public interest test under the FOIA.
Appeal Rights
If you are not satisfied with this response you have the right to request an internal review by
responding in writing to one of the addresses below within two months of the date of this
response.
xxxx.xxxxxx@xxxxxxx.xxx.xx
Disclosure Team, Ministry of Justice
You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any
aspect of your complaint. However, please note that the ICO is likely to expect internal
complaints procedures to have been exhausted before beginning their investigation.
Yours sincerely
Colin Moran
(Public User Engagement Lead – HMCTS).
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