Department for Work and Pensions
| Case Outcome | Complaint upheld FOI 36: Complaint upheld FOI 1: Complaint not upheld FOI 22: Complaint upheld |
| Subject Matter | Central government |
| Court | Information Commissioner (UK) |
| Record Number | IC-46647-Y7R2 |
| Date | 07 April 2021 |
| Respondent | Department for Work and Pensions |
Reference: IC-46647-Y7R2
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Freedom of Information Act 2000 (the Act)
Decision notice
Date: 7 April 2021
Public Authority: The Department for Work and Pensions
Address: Caxton House
Tothill Street
London
SW1A 9NA
Decision (including any steps ordered)
1. The complainant has requested documents related to the rollout of
Universal Credit.
2. The Commissioner’s decision is that the Department for Work and
Pensions is not entitled to rely on sections 22, 35 or 36 to withhold the
requested information. DWP redacted some information under section
40(2) and the complainant does not dispute this position.
3. The Commissioner requires the public authority to take the following
steps to ensure compliance with the legislation.
• Disclose the requested information with the exception of the
redactions under section 40(2).
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 the Act and may be dealt with as a contempt
of court.
Reference: IC-46647-Y7R2
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Background
5. On 5 October 2010, the then Secretary of State for Work and Pensions
announced the introduction of Universal Credit designed to simplify the
benefits system and improve work incentives. It was announced that
Universal Credit aimed to simplify the benefits system by moving from
the multiple benefits systems to a single streamlined payment. The plan
was to migrate recipients from their current benefits and tax credit
systems onto the Universal Credit system starting in 2013 and finishing
in the next parliament1.
6. DWP set out its plans for Universal Credit in a November 2010 white
paper2. This document envisaged completing rollout to around eight
million households by October 2017.
7. The Infrastructure and Projects Authority is a cross-governmental
organisation that provides expertise to implement major governmental
projects3.
Request and response
8. On 28 October 2019, the complainant wrote to DWP and requested
information in the following terms:
“In respect of the Universal Credit programme please disclose the
following documents created by the Infrastructure and Projects Authority
/ Major Projects Authority (“IPA”):
RFI1:
- Health check 2015
(Disclosed to the Work & Pensions select committee)
- Health check September 2016
(Disclosed to the Work & Pensions select committee)
1 https://www.gov.uk/government/news/universal-credit-introduced
2 https://www.gov.uk/government/publications/universal-credit-welfare-that-works
3 https://www.gov.uk/government/organisations/infrastructure-and-projects-authority
Reference: IC-46647-Y7R2
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- Project Assessment Review Report (“PAR”) March 2017
(Disclosed to the Work & Pensions select committee)
- Health check September 2017
(Disclosed to the Work & Pensions select committee)
Please note that the dates given for the documents above are my
estimates based on non-DWP publications. The months may be incorrect
from the DWP perspective. For example, if the DWP considers the date
of a document I have stated as being September to be August or
October it should treat it as falling within the scope of my request.
Given the age of the documents, I trust that the DWP will live up to its
claims of being committed to transparency in line with the commitment
to Open Government and disclose them without delay?
RFI2:
- Other PARs and Health Checks, not listed above, that were completed by
the IPA during the period 01 April 2017 to 31 March 2019.”
9. On 10 November 2019, the complainant wrote to DWP and amended the
request in the following terms:
“Please disregard my previous RFI2 and replace it with the one shown
below. This is because the period 01 January 2016 to 06 September
2018 is covered by an older request (dated 06 September 2018) that
the Information Commissioner has not managed to issue her decision
notice for.
RFI2:
- Other PARs and Health Checks, not listed above, that were completed
by the IPA during the period 07 September 2018 to 31 March 2019.”
10. On 22 November 2019, DWP wrote to the complainant to inform him
that it was extending the time for compliance in order to consider the
public interest test. DWP confirmed that it was considering the public
interest test for the following exemptions (as reproduced from the
DWP’s response):
• Section 22 – For future publication
• Section 31 – Law Enforcement
• Section 35(1)(a) – Formulation of policy
• Section 36 – Damage to public affairs
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