[2013] UKFTT EA – 2012 – 0071 (GRC Bailii Freedom of Information Act 2000 Information Updated: 26 November 2021; Ref: scu.517817
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 has requested information relating to complaints/grievances about four managers at FOS. FOS refused to confirm or deny whether the requested information was held under section 40(5) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that FOS was correct to neither confirm nor deny whether the requested information was held … Continue reading Financial Ombudsman Service (Local Government (Other)): ICO 24 Jun 2015
The complainant has requested information about which company supplied indemnity cover to the [named company] during the period of 2009 and 2010. The Financial Conduct Authority (FCA) refused to provide the requested information under section 44(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the FCA correctly applied section 44(2) … Continue reading Financial Conduct Authority (Local Government (Other)): ICO 30 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 various items of information relating to railway sleepers placed along one edge of an access road into a car park owned by Eynsford Parish Council (‘the council’). The council said that the requests were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Information Commissioner’s decision is … Continue reading Eynsford Parish Council (Local Government (Parish Council)): ICO 23 Mar 2015
The complainant has requested from West Suffolk Council information relating to the identity of an individual who made the initial referral for a Tree Preservation Order that was subsequently made by the Council. The Council withheld the requested information under section 40(2) of the Freedom of Information Act 2000. The Commissioner subsequently identified that the … Continue reading West Suffolk Council (Local Government): ICO 28 Oct 2021
On 11 September 2007 the complainant requested from The Commission for Local Administration in England (‘CLAE’) copies of legal guidance provided to it by the Department for Communities and Local Government (the ‘DCLG’), the CLAE’s external auditors and/or the Information Commissioner (the ‘Commissioner’) relating to its handling of requests under the Freedom of Information Act … Continue reading Commission for Local Administration In England (Decision Notice): ICO 25 Mar 2008
Application was made for permission for an A2 use on land for which permission had previously been granted for A1 use. The Secretary of State reversed the inspector’s decision on the basis that he had failed to follow the necessary sequence of tests. Held: The questions at issue as to the appropriateness of the site … Continue reading JJ Gallagher Ltd v Secretary of State for Transport, Local Government and the Regions and another: QBD 23 Aug 2002
The complainant has requested information with regards to trustees. The council responded to the complainant, but the complainant did not consider the council was clear as to whether it held the information requested or not. The Commissioner’s decision is that the council has breached section 1(1) of the FOIA as it has not confirmed to … Continue reading Potto Parish Council (Local Government): ICO 19 Dec 2019
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 court had to decide to which of two local authorities, responsibility for supervising a care order should be assigned. The child had moved to live with his grandparents. Held: The judge had been correct to find that family circumstances might justify not following the rules in Northamptonshire and Plymouth, but the case was not … Continue reading H (Child), Re (Care Order: Appropriate Local Authority): CA 18 Nov 2003
The complainant requested the contact details of particular members of the remuneration panel at Fylde Borough Council (‘the council’) who the complainant referred to as ‘independent advisors’. The council refused to provide the information using section 40(2) of the Freedom of Information Act 2000 (‘the FOIA’). This exemption relates to personal data. The Commissioner’s decision … Continue reading Fylde Borough Council (Local Government (Borough Council)): ICO 25 Jun 2015
The complainant has requested information concerning the findings of a review carried out by external solicitors into the handling of an employment matter by Thanet District Council. The Council provided the complainant with some of the information requested but withheld some of the information within scope of the request under Section 42 (legal professional privilege) … Continue reading Thanet District Council (Local Government): ICO 16 Jun 2021
An improvement grant made in respect of a house in multiple occupation, became repayable in whole, where the owner of the freehold took up residence in any part of the property. In applying for the grant the owner certified that part of the property would be available for active to someone not a family member. … Continue reading Brent London Borough Council v Patel and Another: ChD 30 Nov 2000
The complainant requested information from Ribble Valley Borough Council (‘the Council’) about land at Chapel Hill, Longridge, in Lancashire. After initially considering the request under the Freedom of Information Act 2000 (FOIA), the Council provided some information, but withheld the majority of the requested information under section 31(1)(g) of the FOIA – Prejudicial to law … Continue reading Ribble Valley Borough Council (Local Government): ICO 24 Mar 2021
The complainant has requested biographical information relating to case examiners. The General Medical Council (GMC) refused to provide the requested information citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the GMC has correctly applied section 40(2) of FOIA to … Continue reading General Medical Council (Local Government (Other)): ICO 22 May 2017
The complainant submitted a two-part request to Hastings Borough Council (the council) for certain information which it had received from a particular geotechnical company. The council confirmed that it did not hold information relevant to part 1 of the complainant’s request. It then went on to refuse part 2 of the request, referring to a … Continue reading Hastings Borough Council (Local Government) IC-52107: ICO 26 Mar 2021
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state immunity. Held: A claim in libel was defeated by a claim of sovereign immunity. … Continue reading Holland v Lampen-Wolfe: HL 20 Jul 2000
The complainant has requested various information relating to the development of a crematorium. North Somerset Council refused the request as vexatious under section 14(1) of the Freedom of Information Act 2000, but subsequently informed the Commissioner that the request would fall under the Environmental Information Regulations 2004, and as such, sought to refuse the request … Continue reading North Somerset Council (Local Government): ICO 12 Sep 2019
The complainant submitted a number of requests to Taunton Deane Borough Council (the Council) relating to a grave as well as the Council’s Senior Bereavement Manager. The Council disclosed some information but withheld some under exemptions in the Freedom of Information Act 2000 (the Act): section 40(2) – third party personal data, and section 42(1) … Continue reading Taunton Deane Borough Council (Local Government (Borough Council)): ICO 18 May 2015
The complainant requested information about two different types of statutory notices issued by Hampshire County Council (the council) under the Highways Act 1980. The council issued a refusal notice to the complainant, initially citing section 12(1) of the Freedom of Information Act 2000 (FOIA). During the Commissioner’s investigation the council revised its position, confirming that … Continue reading Hampshire County Council (Local Government): ICO 24 Mar 2021
The applicant challenged refusal of permission for his proposed one bedroom ‘earthship dwelling’. He ran an ostrich farm on the land, and wished to occupy it instead of the caravan presently occupies with temporary permission. Held: The appeal failed. The test of the inspector’s report was that the reasons given have to deal with the … Continue reading Rencher-Paine v Secretary of State for Communities and Local Government and Another: Admn 2 Mar 2011
The complainant has requested all minutes relating to meetings involving the ‘East Yorkshire Parent Carer Forum’ and East Riding of Yorkshire Council from a period of over two years. The Council stated that the entirety of this information was withheld under the exemption provided by section 36(2)(c) of the Freedom of Information Act 2000. The … Continue reading East Riding of Yorkshire Council (Local Government): ICO 11 Mar 2021
The complainant requested information relating to the proof which the council had of the ownership of a piece of land subject to a planning application in 2000. The council provided details of the planning application however it redacted the name provided in the declaration of the ownership of the property on the basis that that … Continue reading Huntingdonshire District Council (Local Government) IC-43727: ICO 17 Feb 2021
The complainant requested information from Winster Parish Council (‘the Council’) relating to the cutting and collection of arisings from Winster Common. The Commissioner’s decision is that the request should have been handled under the Environmental Information Regulations 2004 (EIR) rather than the Freedom of Information Act 2000 (FOIA). The Commissioner requires the Council to take … Continue reading Winster Parish Council (Local Government): ICO 13 Jun 2022
The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation. Held: The respondent’s rejection of the recommendations in some cases lacked cogency and fell short of the requirement.Carnwath LJ said: ”Discussion: In considering the application of Bradley to … Continue reading Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009
Local authorities ran classes in which aerobics teachers used music for lessons. No licence was obtained for the performance of the music. They claimed to be ‘a club, society or other organisation the main objects of which were charitable or otherwise concerned with the advancement of religion, education or social welfare.’ In effect this was … Continue reading Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD 23 Nov 2000
The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption of the path, but had refused to quash the Order itself. The claimant said … Continue reading Jones v Welsh Assembly Government: Admn 15 Dec 2008
The complainant requested information relating to a planning application, held by Building Control, from Milton Keynes Council (‘the Council’). The Council initially responded under the Freedom of Information Act 2000 (‘the FOIA’) and provided some information, but withheld other information under various exemptions. After reconsidering the request under the EIR, the Council’s position was that … Continue reading Milton Keynes Council (Local Government): ICO 21 Jul 2020
A proposed ring road had been cancelled. The landowners applied for certificates of appropriate alternative development. The Minister confirmed the negative certificates which had been issued by the local planning authority. It was contended that the question whether planning permission might reasonably have been expected to be granted should be considered not as at the … Continue reading Jelson v Minister of Housing and Local Government: CA 1969
The claimant took part in a planning appeal, objecting to a development. After the appeal, the inspector agreed different conditions, but without allowing the claimant to be involved. He appealed. Held: The inspector was obliged to deal fairly. The claimant was not entitled as of right to attend but had done so, and the issues … Continue reading Jory v Secretary of State for Transport, Local Government and the Regions and another: Admn 12 Nov 2002
The complainant requested information from Milton Keynes Council (‘the council’) about whether there had been an application for adverse possession of a particular area of land. The council refused to respond to the request on the basis that it was vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Commissioner’s … Continue reading Milton Keynes Council (Local Government (District Council)): ICO 21 Apr 2015
The complainant requested information from Newport City Council (the ‘Council’) regarding correspondence between an applicant and planning officers. The Council initially considered the information was exempt from disclosure under Section 40(2) (personal information) of the Freedom of Information Act 2000 (FOIA). During the course of the Commissioner’s investigation the Council amended its position relying on … Continue reading Newport City Council (Local Government): ICO 19 May 2022
Permission was sought for a McKenzie friend to address the court. Peter Gibson LJ said: ‘In accordance with the overriding objective of the CPR and to avoid the waste of today’s hearing, attended as this court had earlier directed, by counsel for the defendants, we took the exceptional course in this highly unsatisfactory situation of … Continue reading Mensah v Islington Council and Another: CA 1 Dec 2000
The complainant requested information relating to Stoke-on-Trent City Council’s (the Council) Framework Agreement for the provision of domiciliary care and carer support for younger adults and older people. The Council provided what it considered to be the extent of the information held. Some information was redacted under section 40(2) of the Freedom of Information Act … Continue reading Stoke-On-Trent City Council (Local Government (City Council)): ICO 18 Mar 2015
The complainant requested information relating to council tax from Thurrock Council (the Council). The Council provided some information and stated that nothing further was held. During the course of the Commissioner’s investigation further information was provided to the complainant. The Commissioner’s decision is that it is likely on the balance of probabilities that the Council … Continue reading Thurrock Council (Local Government (Borough Council)): ICO 10 Mar 2015
A petrol station operated with an area to display and sell cars. Sales stopped in 1961 when the owner died. His son was thought too young and inexperienced son to be involved in car sales. Sales were resumed in 1965 when a new owner acquired the site. The court was asked whether that 1965 resumption … Continue reading Hartley v Minister of Housing and Local Government: CA 1970
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
A driver had crashed through a barrier before a bridge, and descended into the path of a train. Ten people died. He now sought a contribution order against the Secretary of State for the condition of the barrier which was said to be faulty. Held: ‘ . . . in building Little Heck Bridge on … Continue reading Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003
Regulations specifying the tolls for the Humber Bridge did not mention a charge for large buses. Held: The same rules had to be applied in construing statutory instruments as applied in construing statutes. The explanatory note issued with the Regulation made it clear beyond peradventure that the ommission was a clerical error, and the Regulation … Continue reading The Confederation of Passenger Transport UK v The Humber Bridge Board and the Secretary of State for Transport Local Government and the Regions: CA 25 Jun 2003
Local councillors who sat as governors of one school should not have voted on a motion regarding the closure of a neighbouring school. They had a clear, if indirect, financial interest in the issue and should have declared the interest and declined to vote. Membership of a school governors council was not listed in the … Continue reading Regina v Kirklees Metropolitan Borough Council ex parte Beaumont and others: QBD 22 Nov 2000
ECJ (Judgment) Failure of a Member State to fulfil its obligations – Directive 93/38/EEC – Public works contracts in the water, energy, transport and telecommunications sectors – Electrification and street lighting works in the departement of the Vendee – Definition of work. Citations: [2000] EUECJ C-16/98 Links: Bailii Jurisdiction: European Cited by: Cited – Azam … Continue reading Commission v France C-16/98: ECJ 5 Oct 2000
Parents sought to oblige the education authority to place their child at a school which could satisfy the special needs identified in the statement, and as expressed to be preferred by them. The authority resisted on the ground that it was not an efficient use of resources. Held: The statute set up separate schemes for … Continue reading Burridge v London Borough of Harrow and others: HL 27 Jan 2000
The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who is not an occupier.’ Judges: Lord Justice Peter Gibson, Sir Christopher Staughton Citations: [2000] EWCA Civ 357, … Continue reading Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000
The defendant had been investigated for fraud against the claimant. He had disclosed documents to the police, but now complained at their use in the civil proceedings against him. Held: The document had not been given to the police under compulsion, reducing their obligations. It was possible that they might have shown it to the … Continue reading Preston Borough Council v McGrath: CA 12 May 2000
The court considered and restated the criteria for liability set out in X (Minors). Judges: Lord Justice Robert Walker, Lord Justice May and Lord Justice Tuckey Citations: [2000] EWCA Civ 72, [2001] Fam 313 Links: Bailii Jurisdiction: England and Wales Citing: Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v … Continue reading DS RL v Gloucestershire County Council and London Borough of Tower Hamlets and London Borough of Havering: CA 14 Mar 2000
Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a personal financial advantage. He had been found to have breached the relevant code of practice and … Continue reading Gregory v Portsmouth City Council: HL 10 Feb 2000
The disposal of land in a conveyance, for the purposes of the Act, takes place on the transfer and not on exchange of contracts. The authority set out to sell land by auction but before the auction decided to accept an offer from the tenants. Before exchange the applicants offered a larger sum, but the … Continue reading Regina (Structadene Limited) v Hackney London Borough Council: Admn 19 Oct 2000
The claimant challenged a scheme for licensing door staff on licensed premises within the city. Held: Given the length of time for which the scheme had been in place, it was now inappriate to grant relief even if the scheme igt have been unlawful. Judges: Maurice Kay J Citations: [2000] EWHC Admin 321 Links: Bailii … Continue reading Regina v Liverpool City Council ex parte Barry: Admn 7 Apr 2000
A local authority served notices on a property owner alleging that they were unlicensed sex establishments. The magistrate confirmed closure. The owner appealed. Held: The statute gave two grounds for appeal, and an appeal on other grounds was not to be allowed. The fact that a court would have wide discretion on a successful appeal … Continue reading Regina v Horseferry Road Magistrates’ Court and Westminster City Council ex parte Rezouali; Westminster City Council v Mendoza: Admn 31 Mar 2000
Street artists had operated in Leicester Square for many years without either licenses or being prosecuted. The respondent introduced a scheme to regulate them, and the applicants sought to challenge it by way of judicial review, alleging a failure to consult, and the obstruction of their rights of establishment under European law. Held: To the … Continue reading Regina on Application of Dinev and Others v Westminster City Council: Admn 24 Oct 2000
The Bank’s application for planning permission was refused on the grounds that the development might prejudice the possible future widening of a road. The local authority could have prescribed a building line in accordance with a provision of the Highways Act, 1959, but in that event would have had to pay compensation for the injurious … Continue reading Westminster Bank Limited v The Minister for Housing and Local Government, Beverley Borough Council: HL 1971
The applicants were immigrants awaiting determination of their applications for exceptional leave to remain, and who came to suffer from serious illness. Each applied for and was refused assistance from their local authority. Held: The refusals were unlawful. Where circumstances of need arose over and above needs arising from lack of accommodation and funds, then … Continue reading Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha: CA 7 Sep 2000
Local Authorities who found themselves obliged to provide care for former mental patients were not free to charge for the services. The section imposing the obligation could not be looked at as a gateway provision before services were provided under other statutory provisions. The references by other sections to services provided under this section made … Continue reading Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 Sep 2000
The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not otherwise have done. The duty was a target duty, … Continue reading Larner v Solihull Metropolitan Borough Council: CA 20 Dec 2000
A house had been unused since 1960, and was bought in 1990. It had become delapidated and the applicant wished to rebuild. The applicant was entitled to permission only if he could show the original residential use had not been lost. Held: The residential use had been abandoned. The test was an objective one, looking … Continue reading Hughes v Secretary of State for the Environment, Transport and the Regions and Another: CA 19 Jan 2000
When a local authority came to make the decision about the extent of the local connection of the homelessness applicant with the area, the assessment was to be made as regards the situation at the date of that decision. Where there was a review, the material date was the date of the review. Where an … Continue reading Ealing London Borough Council v Surdonja etc: CA 21 Jan 2000
The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed. Held: The discretion given to magistrates to award such costs as it feels are just and reasonable does not mean … Continue reading Bradford City Metropolitan District Council v Booth: QBD 10 May 2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000
The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. After the grant of the tenancy, the Association had changed in … Continue reading Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000
Two senior and long term employees of the Council proposed voluntary early redundancy. After discussions, their contracts were varied with enhanced pay so that they would also have enhanced pensions and redundancy payments. Such enhancing agreements were not part of any long term policy of the Council, but were negotiated ‘one-off’ at a time when … Continue reading Hinckley and Bosworth Borough Council v Shaw: QBD 2000
Where an activity had been continuing without planning permission for 10 years it was no obstacle to obtaining a certificate of lawful use that the activity had been illegal because it had been carried out without a waste management licence. A certificate once granted is conclusive answer to any enforcement notice subsequently issued and is … Continue reading Epping Forest District Council v Philcox: CA 13 Apr 2000
A tennis coach wanted employment with the borough council as a coach. It made inquiries of another council and found that he had been suspected of improper conduct towards young girls. It not only refused him a job but imposed a ban upon him teaching in their public tennis courts interfering with the existing and … Continue reading Regina v Broxtowe Borough Council ex parte Bradford: CA 2000
Austlii (Federal Court of Australia) TORT – Negligence – non-feasance by public authorities – non-exercise by local government council and State government to minimise faecal contamination of lake where oysters grown commercially – oysters carrying hepatitis A virus – consumer of oysters contracting hepatitis A – whether duty of care owed to be discharged by … Continue reading Graham Barclay Oysters Pty Ltd v Ryan: 9 Aug 2000
A was a parent of a child. The school complained of A’s behaviour when visiting the school, and was refused a licence to enter the premises without being accompanied. The behaviour continued, and an injunction was obtained. Held: The order was discharged on appeal because it could not be shown that the headmaster had taken … Continue reading Wandsworth London Borough Council v A: CA 20 Jan 2000
Where a local authority raised the care charges for facilities and services provided to disabled people charging different rates according to the benefits received, and where some benefits were received according to the level of disability, that differentiation did not amount to disability discrimination. The differences arose form the different levels of benefits paid to … Continue reading Regina v Powys County Council, Ex Parte Hambidge (No 2): CA 16 Mar 2000
When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as to allow further building. He had obtained planning permission for the proposed development. When … Continue reading Regina v Braintree District Council, ex parte Malcolm William Halls: CA 1 Mar 2000
The council had issued notices requiring renovation works. The property owner applied for grants to cover such works, but the application was refused on the basis that no estimate accompanied the application. It was held that the grants were intended to be mandatory. The council had discretion to accept applications without this information, and in … Continue reading Regina v Greenwich London Borough Council, Ex Parte Glen International Ltd and Another: CA 29 Mar 2000
Where a child coming into care had had connection with two local authorities beforehand, the primary statutory responsibility for care would be determined by assessing which was the authority with a connection to the child immediately before the period to be disregarded under the Act for any temporary placement. The court reaffirmed the simple test … Continue reading Plymouth City Council v C and Another: CA 21 Mar 2000
A guardian ad litem, representing one child, was entitled to see a report, prepared by the child protection committee of the local authority, which related to the death of the child’s sibling. Such a report constituted a report prepared by the authority whilst exercising a statutory function assigned to it. No question of policy could … Continue reading In Re R (A Child) (Care Proceedings: Disclosure): CA 18 Jul 2000
A youth had left care, and been given a secure tenancy. He was convicted of an offence, including one for having stolen goods at the flat. He was sentenced to six months detention, and the council applied for possession. On release he asked for the possession to be suspended, but the order was made. On … Continue reading Grogan v Greenwich London Borough Council: CA 2 Mar 2000
Councillors who were regular attenders at a football club, or who had season tickets, should declare that interest when it came to voting on a contentious planning application made by that club. Traditions of party members voting along party lines on sub-committees exercising statutory functions were capable of amounting to maladministration. The commissioner could investigate … Continue reading Regina v Local Commissioner for Administration in the North and North East England, ex parte Liverpool City Council: CA 3 Mar 2000
The plaintiff claimed damages for personal injuries arising from medical treatment which he had received at a United States military hospital in the United Kingdom while a serving member of the United States Air Force. Held: Section 16(2) applied and therefore the case fell to be decided at common law. The acts complained of took … Continue reading Littrell v Government of the United States of America and Another (No 2): CA 24 Nov 1993
Dismissed Citations: [2018] UKFTT 2017 – 0211 (GRC) Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 24 April 2022; Ref: scu.618438
The second respondent sought a certificate from the Council determining that the lawful use of its store extended to sales of unlimited categories of goods including food. A certificate to that effect was refused by the Council, but granted by a planning inspector on appeal, and upheld by the lower courts. The Council, as local … Continue reading London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019
A hackney council vehicle licence holder had sufficient locus standi as a person aggrieved to appeal against a condition sought to be imposed by the local authority on the licensing of private hire vehicle licenses. Accordingly the Magistrates should hear his complaint and objection. The statute was not narrowly drafted so as to exclude the … Continue reading Regina v Swansea City and Council, Ex Parte Davies: QBD 7 Jul 2000
It was not an abuse of power by a local authority who had been asked to pay the costs of its officers and members successfully defending themselves against an action by the district auditor for malpractice, first to verify that it had any legal duty or power to provide such an indemnity. However such an … Continue reading Regina v Westminster City Council, Ex Parte Union of Managerial and Professional Officers and Others: QBD 13 Jun 2000
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The local authority objected, and an inquiry was held. The inspector held that the green belt policy itself would not be affected, but a sale would impinge on the management of the park where … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, Ex Parte O’Byrne: QBD 8 Jun 2000
The powers given to local authorities over children in care and the arrangements for contact are compliant with the human rights act. The balancing act between the child’s best interests and those of the mother had been correctly applied. Citations: Times 22-Jun-2000 Statutes: Human Rights Act 1998 Children, Local Government, Human Rights Updated: 08 April … Continue reading In Re F (Minors) (Care Proceedings): Contact): FD 22 Jun 2000
A decision of an adjudicator given under the section was not final. It was not in the nature of an arbitration and therefore an appeal against the adjudication did lie to the County Court. A court would not normally allow the same issue to be determined both by the arbitrator and a court, but an … Continue reading Herschel Engineering Ltd v Breen Property Ltd: QBD 10 May 2000
Where a local authority directly paid accommodation and subsistence expenses incurred by councillors in attending conferences in the course of their duties, the expenses were not limited by the Act in the way they would be if the councillors had had to claim them back themselves. There was on overriding provision limiting all such payments. … Continue reading Grubb v Pricewaterhousecoopers and Another: QBD 17 Oct 2000
For a local authority to be liable for damage to the property of a person applying as a homeless person, the authority had to be properly fixed with notice of the threat to the property. A general or fanciful risk was insufficient. An applicant having left her home and applying to be re-housed complained of … Continue reading Deadman v Southwark London Borough Council: CA 31 Aug 2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000
The complainant requested copies of the legal advice sought by the Department for Communities and Local Government relating to the issue of whether Energy Performance Certificates for private dwellings contain personal data according to the definition in the Data Protection Act 1998. DCLG withheld the legal advice using section 42(1) of the Freedom of Information … Continue reading Department for Communities and Local Government (Decision Notice): ICO 13 Sep 2011
Extensive grounds of a house had permissions subject to a condition that they should not be used for landing etc of helicopters. For several years the owner flew helicopters from the property relying upon provisions allowing temporary use. His application for permanent permission was refused. The appeal failed because the inspector had properly assessed the … Continue reading South Oxfordshire District Council v Secretary of State for the Environment Transport and the Regions and another: QBD 13 Jan 2000
ICO The complainant has requested information about whether the GMC had received complaints about a particular doctor. The GMC refused to confirm or deny whether the requested information was held under section 40(5) of the Freedom of Information Act 2000 (FOIA).The Commissioner’s decision is that the GMC was correct to neither confirm nor deny whether … Continue reading General Medical Council (Local Government (Other)): ICO 23 May 2016
Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000
EAT (Part Time Workers) PRACTICE AND PROCEDURE – Parties – PRACTICE AND PROCEDURE – Costs Whether a non-lead Claimant ought not to be bound by an earlier Employment Tribunal decision; see ET Rule 36(3). True construction of Regulation 5(2)(a) of the Part-Time Workers Regulations 2000, allowed to proceed to a Full Hearing of the appeals … Continue reading Engel v Ministry of Justice and Department for Communities and Local Government: EAT 26 May 2016
Following the conclusion of a public inquiry concerning the proposed Port of Exeter Harbour Revision Order, the complainant asked to be provided with a copy of the Inspector’s report before the Secretary of State for Transport makes his decision about whether or not to approve it. The Planning Inspectorate initially dealt with the request under … Continue reading Department for Communities and Local Government (Decision Notice): ICO 26 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
ICO The complainant has requested various items of information in relation to highways, access and other material planning matters concerning the development of new housing on a specified area of land in Newport, Pembrokeshire. The complainant expressed a preference to receive the information electronically. Pembrokeshire County Council (‘the Council’) informed the complainant that the information … Continue reading Pembrokeshire County Council (Local Government (County Council)): ICO 12 Nov 2015
ICO Local government (Parish council) The complainant requested to know the reason for the exclusion of the press and public from parts of the meetings of Codsall Parish Council (‘the council’) as well as the outcomes or resolutions. The council indicated the general reason why the press and public had been excluded but it said … Continue reading Codsall Parish Council (Local Government (Parish Council)): ICO 1 Oct 2015
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 has requested communications between two named organisations and the Charity Commission’s Chief Executive, Chairman, Legal Director, Director of Investigations, Monitoring and Enforcement and the Chief Operating Officer. The Charity Commission provided the complainant with some of the information he requested. It withheld the remaining information under section 31(1)(g) with subsection (2)(a), (c), … Continue reading Charity Commission (Local Government (Other)): ICO 29 Sep 2015
ICO The complainant has requested information about doctors administratively erased from the Medical Register over the last 5 years for failing to pay the required registration fee (Annual Retention Fee (ARF). The GMC refused to comply with the request under section 12 of the Freedom of Information Act 2000 (FOIA) as it said it would … Continue reading General Medical Council (Local Government (Other)) FS50578888: ICO 3 Aug 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 has requested information as to how many doctors had been dismissed from their employment for ‘gross misconduct’ in the period 2012-2014. The GMC refused to comply with the request under section 12 of the Freedom of Information Act 2000 (FOIA) as it said it would exceed the cost limit to do so. … Continue reading General Medical Council (Local Government (Other)): ICO 27 Jul 2015
ICO (Central Government) The complainants requested information from the Department for Communities and Local Government (‘DCLG’) relating to a complaint they had made about Arun District Council (‘the council’). DCLG refused to respond to the requests on the basis that they were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). … Continue reading Department for Communities and Local Government – FS50559640: ICO 23 Jul 2015
ICO The complainant has requested information about an investigation in relation to [named charity]. The Charity Commission provided the complainant with some of the information he requested. It withheld the remaining information under section 31(1)(g) with subsection (2) (b), (c), (g) and (h) and section 40(2) and 42 of the Freedom of Information Act 2000 … Continue reading Charity Commission (Local Government (Other)): ICO 19 May 2015
