How Ministry of Justice Evades Data Access Requests

A request was made in August 2020 for data from a subdivision of The Ministry of Justice. The response (issued outside the time limits for such in law) stated:

This is actually a two-headed matter. A complaint of poor service thrown in with a data access request for the data which proves the grounds of the complaint are correct and that multiple errors occurred. Needless to say the subdivision ignored the complaint and requested I make the data access request to London, as seen above.

You will see how this letter refers me to Data Access office as being the correct source of the data required. So Data Access were contacted in late September 2020 and the data again requested from them.

Some five months later and several chase-ups by email and Data Access deny they are the source of the data. The data is apparently best obtained from the office I originally wrote to.

There is little that can be said for this game of piggy-in-the-middle except to say that I will not play it.

The source of the apparent information that they cannot fulfil this data access request are unnamed โ€œsenior managers” whose details I have requested. Odd how itโ€™s always some unnamed person as the source of an instruction that sends the public on a wild goose chase.

The disclosure team for MoJ are ultimately responsible for the production of data access requests made to sub departments within MoJ. The requests made in mid-2020 are indeed data access requests. They seek specific data and this is clear from the requests themselves. It is the job of Disclosure Team to work with the sub department of MoJ I first communicated with to obtain the data from them and then relay it to me.

It looks very much like both offices are attempting to evade the production of data via a game of piggy-in-the-middle and delay. Unsurprisingly the subsidiary office originally contacted has failed to respond to the initial complaint linked to this data request.

This request has been before Data Access office since September 2020 and has only just received the response of “go back to the start”. Taking this delay in response alone as a single issue would render the handling of the request wholly unacceptable and a breach of the relevant law.

By seeking to frustrate the request in this way The Ministry of Justice has earned itself a referral to The Information Commissionerโ€™s Office.


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