Ministry of Defence
| Case Outcome | Complaint upheld FOI 26: Complaint not upheld |
| Subject Matter | Central government |
| Court | Information Commissioner (UK) |
| Record Number | IC-254887-T3N9 |
| Date | 12 March 2024 |
| Respondent | Ministry of Defence |
Reference: IC-254887-T3N9
1
Date:
12 March 2024
Public Authority:
Ministry of Defence
Address:
Whitehall
London
SW1A 2HB
Decision (including any steps ordered)
1. The complainant submitted a request to the Ministry of Defence (MOD)
seeking a range of information about the Army Officer Selection Board
(AOSB), including “detailed selection criteria and [the] pre-set standard”
against which candidates are assessed. The MOD initially responded to
this part of the request by stating that it did not hold any information in
scope. At the internal review stage it explained that it had identified a
“framework” which it considered to fall within the scope of the request.
However, the MOD withheld this on the basis of section 26(1)(b)
(defence) of FOIA.
2. The Commissioner’s decision is that the withheld information is exempt
from disclosure on the basis of section 26(1)(b) of FOIA and that in all
the circumstances of the request the public interest favours maintaining
the exemption. However, the MOD breached section 17(1) of FOIA by
failing to provide the complainant with a refusal citing section 26(1)(b)
within 20 working days of the request.
3. No steps are required.
Request and response
4. The complainant submitted two emails to the MOD on 1 June 2023
seeking the following information:
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