Request
1) Which person, or body, actually submitted the note in the National Archive to restrict release (of DPP 2/3787) until 2050?
2) The case in question dates back to the 1960s. Can you give me the date when the restriction note was added to the archive?
3) Was it as a result of a representation from a person or body, if so whom?
4) Will you consider my representation submitted earlier?
Outcome
Successful.
Response
1) Which person, or body, actually submitted the note in the National Archive to restrict release (of DPP 2/3787) until 2050?
We have interpreted ‘the note to restrict release’ as referring to the application/justification for closure of this file. The transferring department – The Crown Prosecution Service – submitted the closure application which was approved under Lord Chancellor’s Instrument (LCI) 105. Please see the Advice and Assistance annex at the end of this email for a fuller explanation of LCI.
2) The case in question dates back to the 1960s. Can you give me the date when the restriction note was added to the archive?
LCI 105 as referenced above was approved on 10th January 1996
3) Was it as a result of a representation from a person or body, if so whom?
We have interpreted this to mean “who submitted the application/justification for closure”. This was the transferring department, The Crown Prosecution Service.
4) Will you consider my representation submitted earlier?
We do take into account evidence provided by our requesters when conducting sensitivity reviews as they can have a bearing on our decision making process, but we cannot guarantee information provided will affect the outcome of the request.
We consider all requests for access under the terms of the Freedom of Information Act (FOIA) 2000, as set out in section 5(3) of the Public Records Act 1958. Our decision is based entirely on the content of the record, and whether any of the information is exempt from disclosure using the categories defined in the Act.
Advice and Assistance
To clarify, records held by The National Archives will have been closed in one of the following two ways. Prior to 2005 via entry on a schedule attached to a Lord Chancellor’s Instrument (LCI). Since 2005 (and the introduction of the Freedom of Information Act) records have been closed by entry on a Freedom of Information Schedule.
Records can also be retained under section 3(4) of the Public Records Act. This is done with individual entries on a Lord Chancellor’s Instrument, or under a ‘blanket’ authorisation. Since December 2015 authorisation for retention is signed by the Secretary of State for Culture, Media and Sport, this is however still referred to as LCIs on Discovery (our online catalogue).