The ICO’s decision left me rather confused. It appeared to suggest that pretty much any information could be kept secret on the grounds that it was being used to formulate policy. So, I went to the next stage and on 25 February I appealed the decision of the ICO to the Information Tribunal.
If I was expecting a prompt reply, I would be severely disappointed. More than a year later, on 14 June 2021, a First-tier Tribunal (FTT) ruled in my favour and ordered the release of the information within 28 days.
At last, the Cabinet Office would comply with my request, I thought – naively it turned out. Instead, on the 28th day, the Cabinet Office submitted a request to the FTT for a review of its decision, hiring external counsel and running up a legal bill that was footed by the taxpayer. That appeal was swiftly rejected. So, surely now, having lost its appeal, the Cabinet Office would comply and release the information?
Well, no. Predictably, it lodged a formal appeal to the Upper Tribunal aiming to overturn the First-tier decision. The FTT decision took more than a year. I’ve no idea how long the Upper Tribunal will take but I have been assured that I will be able to make representations when the appeal is eventually considered.
Meanwhile, this summer, having got the first judgement I then submitted further FOI requests relating to polling results (yes, it’s still polling) from the period when my earlier request ended until the present. That, too, you’ll be surprised to know has been rejected.
On 23 September this year, the Cabinet Office refused my second polling request, citing that it would require 51 hours and cost £1,287 to extract the relevant polling information from wider documents.
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