Pensions Ombudsman (Central government) [2019] UKICO fs50788690 (29 April 2019)
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Pensions Ombudsman
The complainant has requested information about the AEA Technology pension scheme (“AEAT Scheme”) and the transfer of public sector benefits into that scheme. The Pensions Ombudsman (TPO) refused to comply with the request citing section 12, section 40(2) and section 21 of the FOIA as its reasons for withholding the requested information. Whilst still relying on these exemptions, the TPO later cited section 14, section 41 and section 31(1)(c). The Commissioner’s decision is that TPO correctly applied section 40(2) and section 31(1)(c) to the requested information. However, she is not persuaded that TPO cited section 14 appropriately. The Commissioner does not accept that section 12 applies to part three of the request or that section 21 was correctly applied. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose any information TPO holds within the scope of parts one, two and three of the request that has been withheld under section 21. For the avoidance of doubt, this means non personal information concerning the AEAT Scheme and the transfer of public sector benefits, particularly those from UKAEA, that are referred to as “general documents” by the public authority (such as leaflets, booklets, deeds of amendment etc).
FOI 31(1):
Complaint not upheld
FOI 21:
Complaint upheld
FOI 40(2):
Complaint not upheld
FOI 14:
Complaint upheld
FOI 12:
Complaint upheld
Decision notice: fs50788690
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50788690.html
