ICO rules against Treasury for FOI Failings over Infected Blood Compensation

In a decision notice issued this week, the Information Commissioner's Office (ICO) has criticised HM Treasury (HMT) for breaching the Freedom of Information Act (FOIA) in relation to the Infected Blood Scandal. This criticism comes as a result of HMT's lack of response to the Factor 8 campaign group's request for information on the subject of infected blood compensation.

In August 2022, Factor 8 had requested copies of email and written correspondence held by the Chancellor of the Exchequer's private office concerning Infected Blood Compensation from April to August 2022. However, by the time of the ICO's decision notice, HMT had yet to issue a substantive response to this request, a clear breach of section 17(3) of FOIA.

HMT had earlier stated that it held relevant information but required additional time to weigh the public interest in maintaining an exemption under section 35(1)(a) of FOIA. Despite the ICO's reminder of its responsibilities, HMT has failed to respond substantially. The ICO's decision highlights that HMT's timeframe significantly exceeded the reasonable extension of 40 working days for considering the public interest, with no exceptional circumstances presented to justify the delay.

This is a clear affront to transparency and a violation of the FOIA. The ICO's decision has brought these failings to light, demonstrating the Treasury's disregard for its legal obligations.

To rectify this situation, the ICO has now ordered HMT to confirm whether or not information within the scope of the request is held and to either disclose this information or issue a refusal notice that aligns with section 17 of the FOIA requirements. This decision must be executed within 35 calendar days, and failure to comply may result in the ICO making a written certification to the High Court, leading to potential contempt of court charges.

Public bodies must uphold their obligations under the FOIA, with HM Treasury no exception. This ongoing battle highlights the importance of persistence and vigilance in the pursuit of truth and justice for the victims of the Infected Blood Scandal. As we move forward, it is our hope that the Treasury will respond swiftly to comply with the ICO's decision.