2.
3.
Authority:
The Ministry of Housing, Communities & Local Government
(the Appellant), formerly The Department for Levelling Up,
Housing and Communities.
Centre:
The proposed UK Holocaust Memorial and Learning Centre,
referred to in paragraph 6.
Commissioner:
The Information Commissioner (the First Respondent).
Decision Notice:
The Decision Notice of the Commissioner dated 19
September 2024, reference IC-296549-B8N1, relating to the
Request.
Duty to Disclose:
The duty of a public authority to communicate requested
information which it holds, pursuant to section 1(1)(b) (set out
in paragraph 26).
Free Access Policy:
As defined in paragraph 44.
FOIA:
The Freedom of Information Act 2000.
Ground 1:
The first of the Appellant’s grounds of appeal, as specified in
paragraph 18.
Ground 2:
The second of the Appellant’s grounds of appeal, as specified
in paragraph 18.
Ground 3:
The third of the Appellant’s grounds of appeal, as specified in
paragraph 18.
Public Interest Test:
The test, pursuant to section 2(2)(b) (set out in paragraph 29),
as to whether, in all the circumstances of the case, the public
interest in maintaining the exemption to the Duty to Disclose
outweighs the public interest in disclosing the information.
Request:
The request for information made to the Authority by the
Requestor dated 19 January 2024, as set out in paragraph 7.
Requestor:
Dr Dorian Gerhold (the Second Respondent).
Requested Information:
The information which was requested by way of the Request.
Unless the context otherwise requires (or as otherwise expressly stated), references in this
decision:
a.
to numbered paragraphs are references to paragraphs of this decision so numbered;
b.
to any section are references to the applicable section of FOIA; and
c.
to the Commissioner’s “investigation” mean the Commissioner’s investigation, for the
purposes of section 50, of the Requestor’s complaint relating to the Authority’s
response to the Request.
There is a closed annex to this decision. The closed annex refers, in support of some of our
reasons below, to some specific aspects of the Requested Information which was withheld by
the Authority and contained in the closed bundle in the appeal. A copy of the closed annex
has been sent to the Appellant and the Commissioner. It has been withheld from the
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