DWP Central Freedom of
Information Team
Caxton House
6-12 Tothill Street
London
SW1H 9NA
Amanda Hart
freedom-of-information-
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
xxxxxxx@xxx.xxx.xx
DWP Website
Our Ref: FOI2023/92349
05 December 2023
Dear Amanda Hart,
Thank you for your Freedom of Information (FoI) request received on 30 November. You
wrote:
“Re: Review IR2023 83876
Thank you very much for your response which I largely agree with, but I have a query
regarding your statement of the cost limit being exceeded.
I note you stated that the period of January 1, 2017, to the present was too wide and I'm
grateful for that information.
I request that you confirm, however, that it was still too wide even though I specified the
following after the date range: "Please kindly provide summaries or up to the first 10
matching elements of correspondence or documentation that discuss how the
department monitors and addresses potential harm caused by policies in relation to
claimants of benefits and services, including those who are vulnerable or disabled."
This is because although I did specify a wide date range I would have thought my
request for summaries or up to the first 10 matching elements would have brought it
within the cost limit. Please would you kindly confirm that even that was not enough to
bring the request within the cost limit.”
DWP Response
On this occasion we will not be processing your request further. This is because your request
does not comply with Section 8(1)(c) of the FoI Act.
Requests defined by Section 12 of the FoI Act relating to cost limits, are invalid under section
8(1)(c). This is because their scope is determined by the extent of the record search we need
to carry out within those limits, rather than by the distinguishing characteristics of the
information itself.
Your request asks us to provide summaries or up to the first 10 matching elements, therefore
you are asking us to work up to the cost limit, something we are not obliged to do.
It is up to you to request the specific information you want and then for the public authority to
ascertain if it holds the relevant information and whether it can be located within the cost limit.
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If we cannot locate, retrieve and extract the all the relevant information within the cost limit,
then a Section 12(1) cost exemption would be applied, and our response issued accordingly.
The Information Commissioner’s Office (ICO) has guidance on this scenario:
Recognising a
request made under the Freedom of Information Act (section 8) | ICO
Also, under the FoI Act we are not required to create new information, creating summaries
would fall into this category. This is because we would not be locating relevant information
and pulling it together; creating a summary would require reading the relevant information
and forming something new.
Therefore, our advice remains as per our response to IR2023/83876, in that you resubmit
your request with a shorter timeframe of information within the last 12 months.
If you would like to submit your request again so that it conforms to a valid request under
Section 8 of the FoI Act, we will be pleased to consider it.
Yours sincerely,
DWP Central Freedom of Information Team
Department for Work and Pensions
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