ICO serves an Information Notice on the Home Office re our complaint about the Terrorism Act 2000 s44 stop and search Authorisations

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It looks as if the Information Commissioner's Office (ICO) has notified, and formally sent a Freedom of Information Act 2000 section 51 Information Notice to the Home Office, regarding our Complaint about or FOIA request for time,place and duration details of Terrorism Act 2000 section 44 stop and search Authorisations..

25th June 2009



This is to advise you that I have just sent an Information Notice to the Home Office as they have not yet responded to my initial enquiries they are not yet in receipt of it but are aware that one has been posted. They have 28 days to comply with this.




Senior Complaints Officer

Our original FOIA request was made back in December 2007, and the Information Commissioner's Office has been trying to get something back from the Home Office since the end of April 2009.

It is unusual for the ICO to have to flex its few legal muscles in this way, but technically, if the Home Office does not comply within 28 days, i.e. by Friday 24th July 2009, they could be brought before a High Court Judge and face Contempt of Court proceedings under the Freedom of Information Act 2000 section 54 Failure to comply with notice

3) Where a failure to comply is certified under subsection (1), the court may inquire into the matter and, after hearing any witness who may be produced against or on behalf of the public authority, and after hearing any statement that may be offered in defence, deal with the authority as if it had committed a contempt of court.

We are not asking for any "national security" or "intelligence" related material, only for enough information to determine exactly where, when and for how long supposedly strictly temporary and geographically limited legal powers were, or are still currently in force.

1 Comment

This is getting quite exciting now. Given how bad the Home Office have been so far at responding within the require time frame, I would not be surprised if they miss this deadline.
I look forward to a conclusion, whether it be in front of a High Court (Who I expect would side with the Home Office) or with the disclosure of the areas and duration of section 44 authorisations. (Which I strongly doubt)

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This United Kingdom based blog has been spawned from Spy Blog, and is meant to provide a place to track our Freedom of Information Act 2000 requests to United Kingdom Government and other Public Authorities.

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