Freedom of Information Act 2005 – time limits – sections 1(1) and 10(1) Citations: [2009] UKIT EA – 2008 – 0094 Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 09 December 2022; Ref: scu.383849
The complainant requested information from the Information Commissioner which related to his investigation into case FS50165372. The Commissioner confirmed that he held the relevant information however refused to provide it on the grounds it was exempt from disclosure under section 44(1)(a) of the Freedom of Information Act 2000, by virtue of section 59(1) of the … Continue reading Information Commissioner (Decision Notice): ICO 27 May 2010
The complainant requested ICO guidance and also the number of successful case reviews. The ICO provided the complainant with the requested information but it did not do so within the statutory time for compliance. The Commissioner’s decision is that the ICO has not complied with section 10(1) of the Freedom of Information Act 2000 (FOIA) … Continue reading Information Commissioner (Decision Notice): ICO 21 Aug 2013
ICO The complainant requested information from Manchester City Council (‘the Council’). The council has not responded to the request. The Commissioner’s decision is that the council has breached its obligation under section 10(1) of the Freedom of Information Act 2000 (‘the FOIA’) because it has failed to respond to the request. The Commissioner requires the … Continue reading Manchester City Council (Decision Notice): ICO 6 Aug 2012
The complainant requested information from Lanteglos by Fowey Parish Council (‘the parish council’). He asked for copies of documents sent by the parish council to Cornwall Council that had resulted in a particular email being sent to him. The parish council initially refused to confirm or deny whether the information was held. It subsequently relied … Continue reading Lanteglos By Fowey Parish Council (Local Government (Parish Council)) FS50566913: ICO 11 Mar 2015
The complainant requested from Creech St Michael Parish Council (‘the council’) a copy of a recording made at a meeting when the sale of an area of land known as Merlyn’s Copse was discussed. The council initially relied on the exception under regulation 12(5)(e) of the Environmental Information Regulations 2004 (‘the EIR’) to withhold the … Continue reading Creech St Michael Parish Council (Local Government (Parish Council)): ICO 23 Feb 2015
The complainant requested information relating to benefit fraud allegations and investigations from Norwich City Council (‘the council’). The council refused to provide the information, relying on the exemptions under section 40(2) and 41(1) of the Freedom of Information Act 2000 (‘the FOIA’). These exemptions relate to personal data and information provided in confidence. The Commissioner’s … Continue reading Norwich City Council (Local Government (City Council)): ICO 25 Jun 2015
The complainant asked the public authority for all recorded information held about a charity he managed. The public authority provided some information initially and at the internal review stage, but withheld other information under sections 31, 40 and 41 of the Freedom of Information Act 2000 (‘the Act’). After the Commissioner’s intervention the public authority … Continue reading Charity Commission (Decision Notice): ICO 15 May 2007
The complainant requested, under the Freedom of Information Act 2000 photocopies of around thirty years’ of East Tuddenham Parish Council minutes. The Council said that it was unable to provide copies of the minutes because it was unable to photocopy them. It asked the complainant whether he was prepared to inspect them instead. The complainant … Continue reading East Tuddenham Parish Council (Decision Notice): ICO 27 Jul 2011
The complainant made three requests under the Freedom of Information Act 2000 to East Midlands Ambulance Service NHS Trust (EMAS) between August and December 2007 for various pieces of information supplied to Vale First Responders (VFR) from EMAS; copies of EMAS’s board minutes for July 2007 and September 2007; and finally, he specifically requested the … Continue reading East Midlands Ambulance Service NHS Trust (Decision Notice): ICO 16 Feb 2010
The complainant submitted a request to St Chad’s College under the Freedom of Information Act 2000 for a copy of all correspondence with the Information Commissioner’s Office as to whether the College is subject to FOIA. The Information Commissioner has investigated the complaint and finds that the College provided the complainant with the information he … Continue reading St Chads College (Decision Notice): ICO 27 Nov 2012
All agricultural and forest land transactions in Austria required approval by local and regional authorities (in the Tyrol, the Tyrol Real Property Transactions Commission), the aim being to preserve land for agriculture and forestry and avoid the proliferation of second homes. The applicatant association was formed to promote sound agricultural and forest property ownership and … Continue reading Osterreichische Vereinigung Zur Erhaltung, Starkung Und Schaffung v Austria: ECHR 28 Nov 2013
The complainant originally submitted a request to the Crown Prosecution Service the public authority for information relating to a trial during 1997 and 1998. This was refused under the exemptions at sections 30 (criminal proceedings) and 40 (personal information) of the Freedom of Information Act 2000. He subsequently made a refined request which the public … Continue reading Crown Prosecution Service (Decision Notice): ICO 31 Aug 2010
The complainant requested information about communications between 3 UHMB directors and Monitor and the Care Quality Commission in 2010. The University Hospitals of Morecambe Bay NHS Foundation Trust (UHMB) stated that to carry out an electronic search would breach the cost limits set by section 12(1) of the Freedom of Information Act 2000 (‘the FOIA’). … Continue reading University Hospitals of Morecambe Bay Nhs Foundation Trust (Health (Nhs)): ICO 5 May 2015
The complainant requested copies of two audits from Surrey County Council relating to a particular school. The council refused to provide the information on the basis that it was exempt under section 40(2) of the Freedom of Information Act 2000. The Commissioner’s decision is that the council correctly relied on section 40(2), with the exception … Continue reading Surrey County Council (Decision Notice): ICO 9 Aug 2012
The complainant submitted a request to Cumbria Primary Care Trust under the Freedom of Information Act 2000 for information pertaining to a contract between the Trust and University Hospitals of Morecambe Bay NHS Foundation Trust. The Commissioner has investigated the complaint and finds that the Trust failed to provide the complainant with the information he … Continue reading Cumbria Primary Care Trust (Decision Notice): ICO 3 Sep 2012
The complainant made a request under the Freedom of Information Act 2000 to the University of Bradford for information held by the University in relation to the use of campus computers to access extremist material in the context of that accessed by four named students together with reports on extremist activity amongst students over the … Continue reading University of Bradford (Decision Notice): ICO 30 Mar 2009
The complainant made a request under the Freedom of Information Act 2000 on 13 May 2008 to the Department for Innovation, Universities and Skills. The complainant requested information relating to extremist activity at Bradford University over the previous two years. DIUS failed to respond to this request despite repeated reminders to do so. The Commissioner … Continue reading Department for Innovation Universities and Skills (Decision Notice): ICO 28 Jan 2009
On 12 February 2009 the complainant requested information from the UK Border Agency relating to the decision to ban the Dutch MP Geert Wilders from entering the United Kingdom. To date he has received no substantive response. The Commissioner has found that the UK Border Agency is in breach of section 10(1) of the Freedom … Continue reading UK Border Agency (Decision Notice): ICO 7 Jan 2010
The complainant requested information held by the National Gallery relating to a drawing known as La Bella Principessa. The gallery disclosed some information and withheld other information using exemptions under the Freedom of Information Act 2000. The exemptions relied on were section 36(2)(b)(i) and (ii), relating to prejudice to the provision of advice and exchange … Continue reading National Gallery (Decision Notice): ICO 22 Jan 2013
The complainant requested a copy of the council’s up to date charges for supplying environmental information. The council initially responded and referred to an investigation that was being conducted by the Commissioner regarding an earlier request. At the internal review stage, the council provided a link to a copy of its up to date charges … Continue reading Havant Borough Council (Decision Notice): ICO 1 Oct 2012
The complainant has requested particular pieces of correspondence and documents from Monitor. Monitor provided the complainant with all of the information requested apart from one letter which it said it does not hold. The Commissioner’s decision is that Monitor does not hold the letter under section 1(1)(a) of the Freedom of Information Act 2000 (FOIA). … Continue reading Monitor (Decision Notice): ICO 18 Dec 2013
The complainant requested information relating to the suspension of staff. Leicestershire Police failed to respond to this request for information and the Commissioner’s decision is that in doing so Leicestershire Police breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires Leicestershire Police to respond to request. Leicestershire Police … Continue reading Leicestershire Police (Police and Criminal Justice): ICO 10 Feb 2015
The complainant requested information relating to an investigation being carried out by the Independent Police Complaints Commission. The Independent Police Complaints Commission (IPCC) failed to respond to this request for information and the Commissioner’s decision is that in doing so the IPCC breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (FOIA). … Continue reading Independent Police Complaints Commission (Police and Criminal Justice): ICO 2 Feb 2015
The complainant asked Kirby Muxloe Parish Council (the council) to provide a copy of its complaints procedure. The council failed to respond to the request. The Commissioner’s decision is that the council breached section 10(1) of the Freedom of Information Act 2000 (the FOIA) by failing to respond to the request within 20 working days. … Continue reading Kirby Muxloe Parish Council (Decision Notice): ICO 25 Feb 2013
The complainant has requested information from Middlesbrough Council (‘the Council’) regarding a particular Remand Home in Middlesbrough. The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached section 1(1)(a) and section 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires … Continue reading Middlesbrough Council (Local Government): ICO 30 Jan 2019
The complainant requested, under the Freedom of Information Act 2000, a copy of the Formal Investigation Reports it had issued. Transport for London responded late and provided the information requested in slightly redacted form. The complainant referred the delays to the Commissioner and confirmed he wanted a Decision Notice to be issued about the delays … Continue reading Transport for London (Decision Notice): ICO 9 May 2011
The complainant requested information from the London Borough of Hounslow regarding council plans to deal with the problem of dwellings in gardens. The council withheld the information using section 36 of the Freedom of Information Act 2000, the exemption relating to prejudice to the effective conduct of public affairs. However during the Commissioner’s investigation the … Continue reading Hounslow London Borough Council (Decision Notice): ICO 7 Jan 2013
The complainant requested information relating to the monitoring of children with special educational needs. This was refused under section 12 of the Freedom of Information Act 2000, on the grounds of the cost for compliance. The complainant submitted refined requests for information which the public authority stated it did not hold. The Commissioner’s decision is … Continue reading Stockport Metropolitan Borough Council (Decision Notice): ICO 31 May 2011
The complainant made a request under the Freedom of Information Act 2000 to NHS South East Coast on 4 June 2007, 5 July 2007, 12 July 2007 and again made the same request on 3 September 2007, for legal advice provided by a firm of solicitors to the NHSSEC relating to the disclosure of patient … Continue reading NHS South East Coast (Decision Notice): ICO 8 Jun 2009
The complainant requested information from Blackpool Borough Council about how much it had spent on outsourcing to either barristers or solicitors for employment tribunals between 1 August 2000 and 31 October 2010. The council refused to comply with the request on the basis that section 12(1) was engaged, the exclusion relating to the costs limit … Continue reading Blackpool Borough Council (Decision Notice): ICO 27 Feb 2013
The complainant requested under the Freedom of Information Act 2000 (the ‘Act’) the workplace email addresses of all of the University’s staff. The University confirmed that it held the requested recorded information, but believed that it was exempt. It applied section 21(1) [information accessible by other means] in its refusal notice and upheld this position … Continue reading University of Bristol (Decision Notice): ICO 20 Apr 2011
The complainant asked the council to provide copies of any application forms or questionnaires that had been submitted by candidates for the East Hertfordshire Independent Remuneration Panel since April 2010, redacted as appropriate. The council initially refused to provide any of the information on the basis that it was exempt under section 40(2) of the … Continue reading East Hertfordshire District Council (Decision Notice): ICO 15 Nov 2011
In September 2007, the complainant requested a copy of the 2006 report of the Office of the Surveillance Commissioner’s (OSC) Inspection Report relating to the BBC. The complainant also requested a copy of the OSC’s covering letter and the BBC response to the report. The public authority provided the complainant with the information requested but … Continue reading BBC (Decision Notice): ICO 6 May 2010
The complainant made a request under the Freedom of Information Act 2000 to the Liverpool Women’s NHS Foundation Trust for the text of any compromise agreements it had entered into with doctors and a list of exploratory or illustratory issues which were covered by the compromise agreements. Furthermore the complainant asked the Trust to provide … Continue reading Liverpool Womens NHS Foundation Trust (Decision Notice): ICO 17 Nov 2009
The complainant submitted a request to the London Borough of Wandsworth concerning documents relating to the Trewint Street bridge over the River Wandle. The public authority stated that it had released many details since the correspondence began between the two parties on this issue in 1983. It further said that much of the information was … Continue reading Wandsworth Council (Decision Notice): ICO 8 Mar 2011
The complainant requested information relating to the way in which the London Borough of Redbridge (‘the council’) handled a previous information request. The council initially said that the request was vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). However, the council subsequently complied with the request following a separate decision … Continue reading Redbridge London Borough Council (Decision Notice): ICO 9 Jul 2012
The complainant made a number of requests under the Freedom of Information Act 2000 for information about Road Licenses and Notices and Proceedings. The public authority did not answer some of the requests and for others denied that it held relevant recorded information. The complainant referred a number of matters to the Commissioner for him … Continue reading Traffic Commissioner for The West Midlands Traffic Area (Decision Notice): ICO 5 Oct 2011
The complainant requested information from Sheffield Homes relating to procedures at meetings. Sheffield Homes said that it did not hold the requested information. It subsequently identified that it did hold some relevant information and it provided that to the complainant. The Commissioner’s decision is that Sheffield Homes breached section 10(1) of the Freedom of Information … Continue reading Sheffield Homes (Decision Notice): ICO 17 Jan 2012
The complainant requested information from Gloucester City Council (the council) relating to internet visits on an officer by officer basis, although he did not require individual names or user IDs. The council refused to comply with the request, relying on the exclusion under section 12(1) and the exemption under section 40(2) of the Freedom of … Continue reading Gloucester City Council (Decision Notice): ICO 7 Aug 2013
The complainant has requested information relating to the amounts of payments through personal companies. The BBC failed to respond to this request for information and the Commissioner’s decision is that in doing so the BBC breached section 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires the public authority to provide the … Continue reading BBC (Other): ICO 25 Apr 2018
The complainant requested information held by several Universities, including Oxford University in relation to research it may have undertaken or be undertaking with primates. This included numbers and species of primates used in previous returns already provided to the Home Office along with a summary of any current research and the species being used. The … Continue reading University of Oxford (Decision Notice): ICO 31 Mar 2009
The complainant requested information held by several Universities, including King’s College London in relation to research it may have undertaken or be undertaking with primates. This included numbers and species of primates used in previous returns already provided to the Home Office along with a summary of any current research and the species being used. … Continue reading Kings College London (Decision Notice): ICO 31 Mar 2009
The complainant made a request under the Freedom of Information Act 2000 to the Priory Group for information relating to the total amount of funding that the NHS has paid to Dr Veale’s Body Dysmorphic Disorder (BDD) treatment programme at the Priory Hospital from 2000 to the time of the request. In particular the complainant … Continue reading Priory Group (Decision Notice): ICO 17 Feb 2009
The complainant asked DCMS for information about the government’s casino policy, which it subsequently clarified as being for ‘any objective external assessment that led to the adoption of first the 8-8-8 policy, and then 1-8-8 policy; and, any advice from officials to Ministers that led to these decisions being taken’. DCMS withheld the information by … Continue reading Department for Culture Media and Sport (Decision Notice): ICO 6 Apr 2009
The complainant requested information held by several Universities, including University College London in relation to research it may have undertaken or be undertaking with primates. This included numbers and species of primates used in previous returns already provided to the Home Office along with a summary of any current research and the species being used. … Continue reading University College London (Decision Notice): ICO 31 Mar 2009
The complainant submitted a request to the Environment Agency for the current draft of the proposed Environment Agency (Inland Waterways) Order it submitted to the Secretary of State for Environment Food and Rural Affairs. The Environment Agency initially refused to disclose the draft Order on the grounds that it did not hold it as it … Continue reading Environment Agency (Decision Notice): ICO 29 Mar 2011
The complainant requested a copy of a report into the alleged financial mismanagement by staff at a specified school. Brent Council refused the request on the basis of section 31(1)(g) with respect to 31(2)(b) and section 40. At its internal review, the Council considered that sections 31(1)(b) and (c) applied, while also maintaining its reliance … Continue reading Brent Council (Decision Notice): ICO 17 Nov 2010
The complainant requested under the Freedom of Information Act 2000 any communications between the public authority and ministers or officials in the Government of Iceland, the Icelandic FSA and the Central Bank of Iceland regarding Landsbanki that were forwarded to the Treasury between 4 October 2008 and 8 October 2008. The public authority provided some … Continue reading Financial Services Authority (Decision Notice): ICO 31 Aug 2011
The complainant requested information relating to the cost of sealing and checking taxi meters, along with copies of specified accounts. The complainant did not receive a substantive response within the statutory timeframe and therefore complained to the Commissioner. Prior to the Commissioner commencing his investigation, the Council provided the information to the complainant. The complainant … Continue reading Preston City Council (Decision Notice): ICO 15 Aug 2011
The complainant made a request under the Freedom of Information Act 2000 to Knowsley PCT for details of all the doctors who have been investigated by Knowsley PCT or referred to the National Clinical Assessment Service or the General Medical Council. The PCT refused to provide the requested information to the complainant as it stated … Continue reading Knowsley Primary Care Trust (Decision Notice): ICO 28 Jun 2010
The complainant made two requests for information concerning a medical examination on his late son on 13 August 1999, including the doctor’s name who conducted it. The public authority responded that it held no recorded information. The Commissioner determined that it was incorrect in this determination and therefore breached sections 1(1)(a) and (1)(1)(b) of the … Continue reading National Offender Management Service (Decision Notice) FS50190664: ICO 28 Sep 2009
The complainant submitted a request to Ballymoney Borough Council (the Council) under the Freedom of Information Act 2000 for information about the Council’s expenditure on legal fees for employment matters. The Commissioner has investigated the complaint and finds that the Council failed to provide the complainant with the information she requested or to issue a … Continue reading Ballymoney Borough Council (Decision Notice): ICO 30 Apr 2012
The complainant made a request in May 2009 for information relating to the 1981 hunger strike in the Maze prison. The Northern Ireland Office acknowledged the request and subsequently replied in June 2009 that section 27 of the Freedom of Information Act 2000 applied to some of the information. It went on to inform the … Continue reading Northern Ireland Office (Decision Notice): ICO 2 Feb 2010
ICO The complainant has requested information relating to the short-term holding facility at Dunkerque. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so the Home Office breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires the Home … Continue reading Home Office (Central Government) FS50658010: ICO 6 Apr 2017
ICO The complainant has requested information relating to Longport Freight Shed. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so Home Office breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires the Home Office to issue a … Continue reading Home Office (Central Government) FS50671327: ICO 6 Apr 2017
ICO The complainant has requested information relating to five men arrested in the Winchelsea beach area, on suspicion of entering the UK illegally. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so the Home Office breached sections 1(1) and 10(1) of the Freedom of … Continue reading Home Office (Central Government) FS50654483: ICO 16 Mar 2017
The complainant submitted a request to the South Eastern Health and Social Care Trust under the Freedom of Information Act 2000 for information about her post and the Agenda for Change process taking place within the Trust. The Commissioner has investigated the complaint and finds that the Trust failed to provide the complainant with the … Continue reading South Eastern Health and Social Care Trust (Decision Notice): ICO 15 Oct 2013
The complainant asked Lancashire County Council to provide all the correspondence it held between the Council’s Pensions Service and the Department for Work and Pensions regarding a particular issue. The Council responded that it did not hold the information requested. The Commissioner investigated and decided that the Council had not interpreted the request correctly because … Continue reading Lancashire County Council (Decision Notice): ICO 8 Nov 2010
ICO The complainant has requested information relating to pregnant women held in immigration detention. The Commissioner’s decision is that the Home Office has breached section 10(1) of the Freedom of Information Act 2000 because it did not provide a response to the request within 20 working days. The Home Office has now responded and the … Continue reading Home Office (Central Government) FS50649497: ICO 21 Dec 2016
ICO The complainant has requested information relating to funding for youth programmes. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so the Home Office breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires the Home Office to … Continue reading Home Office (Central Government) FS50646085: ICO 21 Dec 2016
ICO The complainant has requested information relating to the Home Office paying compensation for unlawfully detaining individuals under immigration powers. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so the Home Office breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 … Continue reading Home Office (Central Government) FS50652814: ICO 21 Dec 2016
ICO The complainant has requested information relating to the amount of people successfully intercepted at juxtaposed ports in France and Belgium between January and June 2016. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so the Home Office breached sections 1(1) and 10(1) of … Continue reading Home Office (Central Government) FS50650549: ICO 21 Dec 2016
The complainant made a request under the Freedom of Information Act 2000 (the ‘Act’) to the Imperial College London (the ‘college’) for information relating to its admissions guidelines. After considering the case the Commissioner is satisfied that the information requested is not held by the college. The Commissioner considers that the request was not however … Continue reading Imperial College London (Decision Notice): ICO 30 Oct 2008
The complainant has requested an investigation report and supporting documentation, for a specified case before the public authority’s Standards Committee. His complaint is that he has not received a response to his request. The Commissioner’s decision is that Nottingham City Council failed to comply with the requirement to respond to the complainant’s request within 20 … Continue reading Nottingham City Council (Decision Notice): ICO 22 Sep 2011
ICO The complainant has requested emails sent or received by particular named employees on particular subject matters. NHS England has failed to respond to this request for information. The Commissioner considers that NHS England breached section 10(1) FOIA in the handling of this request. The Commissioner requires the public authority to provide the complainant with … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)): ICO 15 Sep 2016
ICO The complainant has requested information relating to a contract recently awarded to Capita by NHS England to provide services under the general heading of Primary Care Services England (PCSE). NHS England has failed to respond to this request for information. The Commissioner considers that NHS England breached section 10(1) FOIA in the handling of … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)): ICO 25 Aug 2016
ICO The complainant has requested the attachments beginning with ‘7DS’ to emails provided in response to a separate FOIA request. NHS England has failed to respond to this request for information. The Commissioner considers that NHS England breached section 10(1) FOIA in the handling of this request. The Commissioner requires the public authority to provide … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)) FS50633751: ICO 4 Aug 2016
ICO The complainant has requested all papers in relation to the recent NHS England decision not to fund Deep Brain Stimulation (DBS) for Refractory Epilepsy as a specialised service. NHS England has failed to respond to this request for information. The Commissioner considers that NHS England breached section 10(1) FOIA in the handling of this … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)): ICO 20 Jun 2016
ICO The complainant made a request to NHS England for information about disruption to the NHS 111 telephone service. NHS England failed to respond to the request. The Commissioner’s decision is that NHS England has breached section 10(1) of FOIA by failing to respond to the request. The Commissioner requires NHS England to disclose the … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)): ICO 15 Jun 2016
ICO The complainant made a request to NHS England for information regarding a review into the deaths of people with mental health and learning difficulties at the Southern Health Trust as well as information on another review into the commissioning of services for people with learning difficulties and autism. NHS England failed to respond to … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)): ICO 23 Jun 2016
ICO The complainant has requested information relating to the transfer of medical records between NHS parties. The Commissioner’s decision is that in failing to respond to this request NHS England has breached section 10(1) of the FOIA. The Commissioner requires NHS England to respond to the request of 31 October 2015. FOI 10: Upheld [2016] … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)): ICO 13 Jun 2016
The complainant had made a number of requests to the public authority prior to this case. The first request dealt with in this Decision Notice (the original request’) was for all information which had been redacted from documents released as a result of one of the previous requests on the basis that it was not … Continue reading Department for Culture Media and Sport (Decision Notice): ICO 10 Dec 2009
The complainant made a request under the Freedom of Information Act 2000 to the Royal Mail for information relating to Post Offices in Norfolk. The Royal Mail refused the complainant’s request as it stated that some of the information requested was exempt from disclosure by virtue of section 43(2) of the Act. The Royal Mail … Continue reading Royal Mail (Decision Notice): ICO 9 Nov 2009
The complainant requested information from Stockport Metropolitan Borough Council relating to the issue of redundant school land not meeting expectations in the current financial crisis. The Council refused to comply with the request on the grounds that it considered it to be vexatious under section 14 of the Freedom of Information Act 2000. However, the … Continue reading Stockport Metropolitan Borough Council (Decision Notice): ICO 10 Nov 2009
The complainant asked the public authority for information about two firms of stockbrokers. The public authority did not hold information about one; provided a small amount of information about the other; and applied the exemptions under sections 44, 43 and 40 of the Freedom of Information Act 2000 to the remaining information. After the Commissioner’s … Continue reading Financial Services Authority (Decision Notice): ICO 18 Nov 2009
ICO The complainant requested from Cheshire West and Chester Council (‘the council’) confirmation that an agreement had been made and if so, a copy of the fully signed and certified lease agreed between Cheshire Academies Trust and the council. The complainant alleged that the council had not responded. The council explained to the Commissioner that … Continue reading Cheshire West and Chester Council (Local Government (County Council)): ICO 25 Jan 2016
The complainant asked Wolverhampton City Council for a copy of an internal audit report relating to a Council-owned property, the Tettenhall Institute. The Council relied on the exemption under section 30(2)(a)(iii) and considered that the public interest favoured maintaining the exemption. The Commissioner considered that the Council’s arguments were not sufficient to enable him to … Continue reading Wolverhampton City Council (Decision Notice): ICO 31 May 2011
The complainant submitted a request to Calderdale and Huddersfield NHS Foundation Trust for the results of an investigation. The public authority refused to disclose the information under section 41 of the Freedom of Information Act 2000. The Commissioner decided that the information that the public authority did hold was exempt from disclosure under section 41(1) … Continue reading Calderdale and Huddersfield NHS Foundation Trust (Decision Notice): ICO 7 Jan 2010
ICO The complainant requested information from Copeland Borough Council (‘the council’) relating to a collection of art works known as ‘The Copeland Collection’. The council sent a reply however it took longer than 20 working days to respond and it did not complete an internal review. The complainant complained about these issues and also alleged … Continue reading Copeland Borough Council (Local Government (Borough Council)): ICO 8 Oct 2015
ICO The complainant requested information from the Cabinet Office relating to meetings and correspondence from its internal groups responsible for elections. The Cabinet Office acknowledged the complainant’s request but has not issued a response which fulfils its obligations under the terms of the Freedom of Information Act 2000 (the Act). The Commissioner’s decision is that … Continue reading Cabinet Office (Central Government): ICO 16 Sep 2015
ICO The complainant requested information from North Lincolnshire Council (‘the council’) on the subject of what representations Leonard Cheshire Disability had made to the council regarding increases in the fees paid for the social care provided by them in order to pay carers the living wage. The council relied on the exemption under section 43(2) … Continue reading North Lincolnshire Council (Local Government (Unitary Council)): ICO 9 Jul 2015
ICO The complainant requested information from the Cabinet Office relating to the drafting of secondary legislation. The Commissioner’s decision is that the Cabinet Office has breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (the Act) because it has not issued the complainant with a response to his request within the statutory … Continue reading Cabinet Office (Central Government) FS50579607: ICO 16 Jun 2015
ICO Central government The complainant has requested information relating to Home Office officials who have been dismissed for inappropriate use of files. The Home Office (HO) failed to respond to this request for information and the Commissioner’s decision is that in doing so the HO breached section 10(1) of the Freedom of Information Act 2000 … Continue reading Home Office (Central Government): ICO 12 Jan 2015
ICO The complainant has requested information relating to the number of Irish citizens who have been considered suitable for Immigration Removal from the UK back to the Republic of Ireland under TERS (Tariff Expired Removal Scheme). The Home Office (HO) failed to respond to this request for information and the Commissioner’s decision is that in … Continue reading Home Office (Central Government): ICO 14 Jan 2015
The complainant requested information relating to the Council’s decision to end the Stamford Scholarship Scheme. The Council supplied some information but it refused to provide copies of legal advice and cited the exemption under section 42(1) of the Freedom of Information Act 2000. It said that the public interest did not favour disclosure of the … Continue reading Lincolnshire County Council (Decision Notice): ICO 16 Jun 2011
Following a trial, a juror wrote to the defendant’s mother to say that other jury members had not considered the case in a proper manner. He had been given written advice that he was not free to discuss a case with anyone. He appealed his conviction for contempt of court, saying that his intention had … Continue reading Attorney General v Scotcher: HL 19 May 2005
The complainant requested information from Cornwall Council (‘the council’) relating to a particular property. The council transferred the requests to Cornwall Housing Limited (‘Cornwall Housing’). Cornwall Housing provided some information but subsequently said that the requests were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The complainant argued that the … Continue reading Cornwall Council (Local Government (District Council)): ICO 12 May 2015
Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979
The complainant made a request to Royal Mail Group PLC under the Freedom of Information Act 2000 for information regarding how much undeliverable mail was sent for disposal by the National Returns Centre in each financial year from 2004/2005 to 2009/2010. The Royal Mail confirmed that it held part of the requested information but stated … Continue reading Royal Mail (Decision Notice): ICO 6 Jan 2011
The complainant requested information from Salford City Council (the Council) relating to its councillors and the Mayor of Salford. The Council initially refused the requests as vexatious under section 14(1) of the Freedom of Information Act 2000 (the Act). After an internal review the Council provided some of the relevant information it held, refused parts … Continue reading Salford City Council (Local Government (City Council)): ICO 24 Jun 2015
ICO The complainant requested a copy of the business case provided by the Department of Health to HM Treasury in 2002 in regard to the new contract for NHS consultants, together with HM Treasury’s response to the business case. The DoH directed the complainant to some information which was in the public domain, but refused … Continue reading Department of Health (Decision Notice): ICO 7 Sep 2009
ICO The complainant requested a copy of the Gateway review report produced in September 2006 regarding the Department of Health’s Modernising Medical Careers (MMC) programme. Some of the information was disclosed, however the majority of the requested information was withheld under section 35(1)(a) of the Freedom of Information Act 2000. The Commissioner has reviewed the … Continue reading Department of Health (Decision Notice): ICO 29 Jul 2009
ICO The complainant requested information from Taunton Deane Borough Council (‘the Council’) relating to documents leading to a claim made in an email that smoke detectors were required in bedrooms at a particular address. The Council refused to comply with the request on the grounds that it considered it to be vexatious under section 14 … Continue reading Taunton Deane Borough Council (Decision Notice): ICO 20 May 2009
ICO The complainant made a request under the Freedom of Information Act 2000 to the Department of Health for information concerning how the DoH reached its most recent decision to recommend that pregnant women and those trying to conceive should avoid alcohol. The DoH refused the complainant’s request as it stated that the information was … Continue reading Department of Health (Decision Notice): ICO 30 Apr 2009
ICO The complainant asked the Department of Health (‘the Department’) for a copy of the Gateway 4 review report for the Department’s Electronic Recruitment project. The Department provided the complainant with certain elements of the review report, but withheld some information citing the exemption contained in section 36(2)(b)(ii) of the Act. The Commissioner has decided … Continue reading Department of Health (Decision Notice): ICO 23 Mar 2009
ICO The complainant requested a copy of a contract agreed by the public authority for the provision of a national broadband network under the NHS National Programme for IT with certain information removed. The public authority initially refused to disclose the contract under sections 12 (cost of compliance exceeds the appropriate limit) and 43(2) (prejudice … Continue reading Department of Health (Decision Notice): ICO 29 Jan 2009
The complainant made a request for information to the London Borough of Brent via his account on the www.whatdotheyknow.com website. He requested that its response be provided in electronic form. The public authority expressed its willingness to provide the information to the complainant by way of an alternative email address, but claimed that it would … Continue reading Brent Council (Decision Notice): ICO 2 Dec 2010
ICO The complainant requested information from the Ministry of Justice (MOJ) about the issue of ‘third party capture’ by liability insurers. The authority provided some information in response to the request. However, it refused to provide a copy of the legal advice passed to the MOJ by the Financial Services Authority further to an Exemption … Continue reading Ministry of Justice (Decision Notice) FS50269559: ICO 3 Aug 2010
The complainant requested information from the London Borough of Merton (the Council) concerning proposals to make certain roles within the Council redundant. The Council initially refused to provide any information citing the exemptions under section 40(2) and 43(2) of the Freedom of Information Act 2000 (the FOIA). In relation to the latter exemption, it concluded … Continue reading Merton London Borough Council (Decision Notice): ICO 24 Aug 2010