OFT's decision was based on an overly narrow view

What happened

The OFT refused Mr J's request for the release of information via the gateway provided by section 241A of the Enterprise Act 2002. The gateway allowed the release of restricted information for the purpose of civil proceedings.

What we found

The OFT's refusal was partly based on an overly narrow view of the provisions in section 241A. The OFT thought that civil proceedings should be likely or imminent, but that view failed to give the full legislative intent to the provision. This included the release of information to enable legal advice to be obtained on whether a claim was possible and worthwhile. The Competition and Markets Authority (who responded to our investigation as the OFT has since been abolished) accepted that:

'the OFT's position cannot be said with confidence to represent the better view on the interpretation that should be given to the s241A gateway.'

Putting it right

Given the errors we found in the OFT's decision making, we could not be satisfied that it had made the correct decision. The Competition and Markets Authority offered to consider a fresh request for information from Mr J.