Author: admin

BBC (Decision Notice): ICO 6 Jun 2011

The complainant requested the compensation for loss of office or termination payments provided to senior managers at the BBC who had been made redundant in each of the previous three years. As part of the request, the BBC was asked to provide the name of the manager, their position and job title and the payment that the manager had received. The BBC responded by releasing the total payments received by each of the 115 managers covered by the scope of the request. However, the BBC refused to provide further details relating to the managers on the basis that this information constituted the managers’ personal data and that this data was exempt information for the purposes of section 40(2) (third party personal data) of the Freedom of Information Act 2000. The Commissioner considers that the BBC has correctly applied section 40(2) of the Act and has therefore not upheld the complaint.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld
References: [2011] UKICO FS50360146
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.530503

Wright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills: Admn 16 Nov 2006

The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated retrospectively.
Held: An entry could be made on the list for an offence which predated the Act. The temporary nature of the provisional listing did not mean that the applicants’ human rights were not engaged. They were, and the procedures adopted did infringe those rights because of the absence of any independent tribunal to which the people affected could complain. The availability of judicial review was insufficient to cure the defect.
References: [2006] EWHC 2886 (Admin), Times 27-Nov-2006, [2007] 1 All ER 825
Links: Bailii
Judges: Stanley Burnton J
Statutes: Care Standards Act 2000 82, European Convention on Human Rights 6
Jurisdiction: England and Wales
This case cites:

  • Cited – Antonelli v Secretary of State for Trade and Industry CA 31-Jul-1997 (Gazette 17-Sep-97, Times 03-Oct-97, , [1997] EWCA Civ 2282, [1998] QB 948)
    The Secretary of State had the right to take account of a foreign criminal conviction against property, when assessing the fitness of a Estate Agent to act as such, even though the offence also took place before the Act came into effect. The statute . .
  • Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992 (, [1992] 3 WLR 1032, [1993] AC 593, [1993] 1 All ER 42, , [1992] UKHL 3, [1993] IRLR 33, [1993] RVR 127, [1992] STC 898, [1993] ICR 291)
    The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
  • Cited – Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000 (Times 13-Dec-00, , , , [2000] UKHL 61, [2001] 2 AC 349, [2001] 1 All ER 195, [2001] 2 WLR 15, (2001) 33 HLR 31, [2000] NPC 139, [2000] EGCS 152, [2000] EG 152, [2001] 1 EGLR 129)
    The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
  • Cited – Regina v Worcester County Council Secretary of State for Department of Health ex parte S W Admn 2-Oct-2000 (, [2000] EWHC Admin 392, [2000] HRLR 702)
    The court considered the lawfulness of a non-statutory list of people who might not be employed to work with children, the Consultancy Service Index. . .
  • Cited – Konig v Federal Republic of Germany ECHR 28-Jun-1978 ((1978) 2 EHRR 170, 6232/73, , [1978] ECHR 3, , [1978] ECHR 3, , [1980] ECHR 2)
    The reasonableness of the duration of proceedings must be assessed according to the circumstances of each case, including its complexity, the applicant’s conduct and the manner in which the administrative and judicial authorities dealt with the . .
  • Cited – Le Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981 (7238/75, 6878/75, (1981) 4 EHRR 1)
    Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have . .
  • Cited – Gautrin And Others v France ECHR 20-May-1998 ((1998) 28 EHRR 196, 21257/93, , [1998] ECHR 39, 21258/93, 21259/93)
    Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1 (public hearing); Violation of Art. 6-1 (impartial tribunal); Pecuniary damage – claim . .
  • Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003 (, Gazette 18-Sep-03, Times 11-Jul-03, , [2003] UKHL 40, [2003] 3 WLR 568, [2004] 1 AC 816, [2003] 2 All ER (Comm) 491, [2003] HRLR 33, [2003] UKHRR 1085, [2003] 4 All ER 97)
    The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .
  • Cited – Golder v The United Kingdom ECHR 21-Feb-1975 (4451/70, [1975] 1 EHRR 524, , [1975] ECHR 1, )
    G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
  • Cited – Countryside Alliance and Others, Regina (on the Application of) v Attorney General Another, Secretary of State for Environment, Food and Rural Affairs CA 23-Jun-2006 (, [2006] EWCA Civ 817, Times 30-Jun-06, , [2006] EWCA Civ 1096, [2006] 3 WLR 1017, [2007] Eu LR 139, [2007] QB 305, [2006] HRLR 33, [2006] UKHRR 927)
    The claimants sought to challenge the validity of the 2004 Act under human rights law and on European law grounds. A variety of effects of the Act were alleged. It was said that it would prevent landowners enjoying their own land, and that the Act . .
  • Cited – Zlinsat, Spol. SRO v Bulgaria ECHR 15-Jun-2006 (57785/00, , [2006] ECHR 627, , )
    The Sofia Public Prosecutor’s Office had ordered the suspension of the performance of a privatisation contract relating to an hotel. The office had acted under its criminal jurisdiction and had also brought a civil action. There had been no finding . .
  • Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005 (, [2005] EWHC 1677 (Admin), Times 03-Aug-05, [2006] EuLR 178)
    The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . .
  • Cited – Rainys And Gasparavicius v Lithuania ECHR 7-Apr-2005 (70665/01 ; 74345/01, , [2005] ECHR 226, , [2005] ECHR 226)
    ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 14+8; Not necessary to examine Art. 8; No violation of Art. 10 nor of Art. 14+10; Pecuniary damage – financial award; Non-pecuniary damage – . .
  • Cited – Tarnesby v Kensington and Chelsea Health Authority (Teaching) HL 1981 ([1981] ICR 615)
    Dr Tarnesby, a part-time consultant psychiatrist’s name was for a time suspended from the Medical Register after the appropriate Medical Authority had found him guilty of infamous conduct in a professional respect. The Hospital Board, his employer, . .
  • Cited – Sidabras and Dziautas v Lithuania ECHR 27-Jul-2004 (59330/00, , [2004] ECHR 395, 55480/00, (2004) 42 EHRR 104)
    Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in . .
  • Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001 (Times 10-May-01, Gazette 14-Jun-01, , , [2001] 2 AC 295, [2001] 2 WLR 1389, [2001] 2 All ER 929, [2001] UKHL 23)
    The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
  • Cited – Secretary of State for the Home Department v International Transport Roth Gmbh and others CA 22-Feb-2002 (Times 26-Feb-02, , [2002] EWCA Civ 158, [2002] 3 WLR 344, [2003] QB 728)
    The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The . .
  • Cited – Markass Car Hire Ltd v Cyprus ECHR 2-Jul-2002 (51591/99, , , [2002] ECHR 549, , [2001] ECHR 897)
    The complaint was as to the length of the proceedings to set aside an ex parte interim order. The order was obtained on 31 March 1998 and under it the applicant was required to hand over to the plaintiff cars worth over andpound;Cyprus 500,000. It . .

This case is cited by:

  • Appeal from – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another CA 24-Oct-2007 (, [2007] EWCA Civ 999, Times 16-Nov-07, [2008] 1 QB 422, [2008] 2 WLR 536, (2008) 11 CCL Rep 31, [2008] UKHRR 294, [2008] 1 All ER 886)
    Where it was proposed to provisionally list care workers as been prevented from undertaking work with vulnerable adults or children, that worker should be given opportunity to make representations first. Provisional listing did engage article 6, but . .
  • At first instance – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009 (, [2009] UKHL 3, , , (2009) 12 CCL Rep 181, (2009) 106 BMLR 71, 26 BHRC 269, [2009] UKHRR 763, [2009] PTSR 401, [2009] HRLR 13, [2009] 1 AC 73, [2009] 2 WLR 267, [2009] 2 All ER 129)
    The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .

These lists may be incomplete.
Last Update: 25 October 2020; Ref: scu.246075

BBC (Decision Notice): ICO 10 Mar 2011

The complainant requested the details of how much money had been spent and was expected to be spent by the BBC on its coverage of the Papal visit to Britain by Pope Benedict XVI. The BBC stated that the requested information fell outside the scope of the Act because it is information held for the purposes of journalism, art or literature. The Commissioner’s decision is that the requested information is genuinely held for the purposes of journalism. Therefore the BBC is not obliged to comply with Parts I to V of the Act.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld
References: [2011] UKICO FS50352659
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.530273

Driver and Vehicle Licensing Agency (Decision Notice): ICO 2 Jun 2011

The complainant requested a copy of the DVLA’s vehicle database. The DVLA relied on section 12(1) of the Act in refusing the request. The Commissioner has investigated, and has found that the work that would be required to obtain the requested information would exceed the cost limit and that the public authority was correct in relying on section 12(1). He has also found that the public authority has complied with its obligations under section 16(1). The Commissioner requires no steps to be taken.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld, FOI 16 – Complaint Not upheld
References: [2011] UKICO FS50345802
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.530538

TG (Considering Policies) Nigeria: IAT 28 Jan 2005

It will only be in the most unusual circumstances that the Tribunal will be able to decide that removal would be contrary to the policy. This is because in operating the policy the Secretary of State makes clear that he considers a range of factors beyond the child’s length of residence in the United Kingdom. Further, these are often factors that may be contentious and about which the Secretary of State is likely to have special knowledge.
References: [2005] UKIAT 00024
Links: Bailii
Judges: Mr J Perkins (Vice President)
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.222485

BBC (Decision Notice): ICO 27 Jul 2011

The complainant requested information about the BBC publishing an article on its website. The BBC provided some information, but explained that the remainder fell outside the scope of the Act because it is information held for the purposes of journalism, art or literature. After carefully considering the arguments of both sides, the Commissioner’s decision is that the requested information was genuinely held for the purposes of journalism. Therefore the BBC is not obliged to comply with Parts I to V of the Act. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld
References: [2011] UKICO FS50371328
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.530636

Forest of Dean District Council (Decision Notice): ICO 6 Jun 2011

The complainant requested pre-planning application advice referred to in two planning applications. The Council provided some information but withheld other information under regulation 12(5)(f). The Commissioner has investigated and found that regulation 12(5)(f) is not engaged and accordingly he has ordered disclosure of the withheld information. The Commissioner has also identified a number of procedural breaches in the handling of the request.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 12.5.f – Complaint Upheld
References: [2011] UKICO FER0360556
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.530553

Karis and Another v Lewis: CA 21 Dec 2005

References: [2005] EWCA Civ 1627, [2005] EWCA Civ 1637
Links: Bailii, Bailii
Jurisdiction: England and Wales
This case cites:

These lists may be incomplete.
Last Update: 25 October 2020; Ref: scu.237501

Department of The Environment Northern Ireland (Decision Notice): ICO 22 Jun 2011

The complainant requested information provided by the Department to its legal adviser when seeking legal advice on a planning issue. The Department withheld the requested information in reliance on the exception at regulation 12(4)(e) of the EIR. The Commissioner finds that the exception was correctly applied, and does not require any steps to be taken. Information Tribunal appeal number EA/2011/0147 dismissed.
Section of Act/EIR and Finding: EIR 12.4.e – Complaint Not upheld, EIR 14 – Complaint Upheld
References: [2011] UKICO FER0327603
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.530536

Alzheimers Society v Customs and Excise: VDT 25 Sep 2003

ZERO-RATED SUPPLY – Construction of a day centre for a charitable purpose – whether alteration/extension to existing building – Yes – whether annexe – No – Appeal dismissed – VAT Act 1994 Schedule 8 Group 5 Notes (16) and (17)
References: [2003] UKVAT V18318
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.221258

BBC (Decision Notice): ICO 9 Nov 2011

The complainant requested the annual budget of Radio Cornwall and the salary bands of each of its members of staff. The BBC stated that the requested information fell outside the scope of the Act because it is information held for the purposes of journalism, art or literature. The Commissioner’s decision is that the requested information is genuinely held for the purposes of journalism. Therefore the BBC is not obliged to comply with Parts I to V of the Act.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld
References: [2011] UKICO FS50386740
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.531045

Abbahall Ltd v Smee: CA 19 Dec 2002

The parties were respective owners of interests in flying freehold flats. An order had been made allowing access to make repairs to the roof, and the claimant now appealed an order requiring it to pay a greater part of the costs because of the other owner’s impecuniosity.
Held: The roof served to protect both parties, and it was artificial to distinguish as to benefit, and in principle the burden should be shared equally. The respondent’s duty was to make a contribution to the cost of repairs. Those responsibilities could not vary according to the relative financial positions of the owners from time to time. Appeal allowed.
References: Times 28-Dec-2002, Gazette 13-Mar-2003, [2002] EWCA Civ 1831, [2003] 2 EG 103, [2003] 1 All ER 465, [2003] 28 EG 114, [2003] 1 WLR 1472, [2003] 2 EGLR 66, [2003] HLR 40
Links: Bailii
Judges: Chadwick LJ, Munby J
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.420970

Wyre Borough Council (Decision Notice) FS50324562: ICO 25 May 2011

The complainant submitted two requests for information relating to council lawnmowers. The public authority responded, disclosing some information, but subsequently refused to conduct an internal review on the grounds that the requests were vexatious, under section 14(1) of the Act. The Commissioner finds that the requests were incorrectly refused as vexatious and requires the public authority to provide a response to the complainant which complies with the requirements of section 1 of the Freedom of Information Act 2000.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 14 – Complaint Upheld, FOI 17 – Complaint Upheld
References: [2011] UKICO FS50324562
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.530495

BBC (Decision Notice) FS50510015: ICO 18 Dec 2013

The complainant has requested ticket information for the Radio One Hackney Weekend 2012. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld
References: [2013] UKICO FS50510015
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.528951

BBC (Decision Notice) FS50509741: ICO 18 Dec 2013

The complainant has requested a transcript of a news item. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld
References: [2013] UKICO FS50509741
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.528950

Sahib Foods Limited (In Liquidation) v Paskin Kyriakides Sands (A Firm): CA 19 Dec 2003

References: [2003] EWCA Civ 1832, [2003] EWCA Civ 1920
Links: Bailii, Bailii
Judges: Lord Justice Clarke Lord Justice Potter Lord Justice Ward
Jurisdiction: England and Wales
This case cites:

These lists may be incomplete.
Last Update: 25 October 2020; Ref: scu.189917

Plimley v Foroushani (As Administrator of Simin Golestani-Araghi, Deceased: FTTPC 4 Feb 2019

Application to enter a restriction against the title of a property bought under the right to buy provisions by the Applicant’s former partner, now deceased. The property was bought in 2004 and the registered proprietor died 2017. The Respondent was her son. It appeared from the solicitors’ purchase file that it was always intended that the deceased) would be the sole legal and beneficial owner. Applicant did apply for a joint mortgage with the deceased, but in the event the mortgage was executed by her only. There was no satisfactory evidence of any payments made by the Applicant referable to the purchase. His application was dismissed.
References: [2019] UKFTT 164 (PC)
Links: Bailii
Judges: Ms Ann McAllister
Jurisdiction: England and Wales

Last Update: 24 October 2020; Ref: scu.644619