[2015] UKICO FS50581222
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555688

ICO The complainant has requested information about BBC employees. The BBC provided some information but has refused to comply fully with the request because it says to do so would exceed the appropriate limit, under section 12 of the FOIA. The Commissioner’s decision is that the BBC has correctly applied section 12 of the FOIA because it would exceed the appropriate limit to determine whether it held the remainder of the information requested at parts 1, 2 and 5 of the request, and any of the information requested at parts 3 and 4. He also finds the BBC breached section 10 of the FOIA because it did not comply with section 1(1) within 20 working days. The Commissioner does not require the BBC to take any further steps.
FOI 10: Upheld FOI 12: Not upheld

[2015] UKICO FS50569953
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555689

ICO The complainant has requested information relating to a report into the murder of WPC Yvonne Fletcher. The Cabinet Office refused to provide it under section 23(1) (security bodies), section 27 (international relations), section 31 (investigations information) and section 40(2) (unfair disclosure of personal data). It upheld this at internal review although failed to communicate this to the complainant in a timely manner. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 23 as a basis for withholding all the requested information. No steps are required. This decision notice is currently under appeal to the Tribunal.
FOI 23: Not upheld

[2015] UKICO FS50571873
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555693

ICO The complainant has requested information about complaints and grievances raised within three identified teams with Hackney Homes, which is part of the London Borough of Hackney (the ‘Council’). The Council provided some information. However it withheld part of the request under section 40(2) of the FOIA and explained that some of the required information is not held. The Commissioner’s decision is that the Council is correct to apply section 40(2) to the withheld information and that it does not hold the remaining information. No further steps are required.

[2015] UKICO FS50555985
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555721

ICO The complainant has requested information relating to the Morecambe Bay Investigation (MBI). The DoH said that it did not hold the information requested by the complainant under section 1(1)(a) FOIA. The Commissioner considers that the DoH was correct to confirm that it did not hold the requested information under section 1(1)(a) of the FOIA. The Commissioner requires no steps to be taken. This decision notice is currently under appeal to the Tribunal.
FOI 1: Not upheld

[2015] UKICO FS50581133
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555712

ICO The complainant requested from Kent Police (the ‘police’) six original official police receipts and some relevant photocopies. The police relied on the section 40(5)(a) FOIA exemption to neither confirm nor deny holding the requested information. This is on the basis that, if the requested information were held, it would be the complainant’s personal data. Following his investigation, the Commissioner is satisfied that the requested information, if held, would be the complainant’s personal data and he does not require the police to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld

[2015] UKICO FS50579330
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555626

ICO The complainant has requested the details of all doctors used as clinical advisers by the Parliamentary and Health Service Ombudsman (PHSO) including their GMC (General Medical Council) registration numbers. The PHSO provided an anonymised list of the doctors’ specialities and qualification but withheld the remaining information under section 40(2) – personal information. During the Commissioner’s investigation the PHSO also applied section 38 – endangerment to health and safety and also refused the request under section 14(1) on the grounds that it believed the request was vexatious. The Commissioner’s decision is that the PHSO is entitled to rely on section 14(1) to refuse the request. The Commissioner does not require the public authority to take any further action in this matter.
FOI 14: Not upheld

[2015] UKICO FS50566223
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555647

The complainant has requested aggregate pricing information relating to South Western Ambulance Service NHS Foundation Trust’s (the Trust) procurement of vehicle spare parts to support its Mercedes ambulances. The Trust refused to disclose the requested information under section 43(2) FOIA. The Commissioner’s decision is that the Trust has incorrectly applied section 43(2) FOIA to the withheld information in this case. The Commissioner requires the public authority disclose each bidders total for the parts listed, not the individual item pricing. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 43: Upheld

[2015] UKICO FS50578668
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555655

ICO The complainant requested information about oral hearings for prisoners from the Ministry of Justice (the ‘MOJ’) who provided some of the information requested, but withheld the remainder under section 40(2) of the FOIA, the exemption for personal information. The Commissioner’s decision is that, based on the information the MOJ provided to him during his investigation, it has given an incorrect figure to the complainant in response to part one of the request. He also finds that section 40(2) is not engaged in respect of part two of the request. The Commissioner requires the MOJ to issue a fresh response to part one of the request set out in paragraph 5; issue a fresh response to part two of the request set out in paragraph 5, which does not rely on section 40(2). The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 40: Upheld

[2015] UKICO FS50577254
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555634

ICO The complainant requested certain information following his appeal of a previous FOIA request to the First Tier Tribunal. The Ministry of Justice (the ‘MOJ’) initially refused to provide the requested information on the basis of section 21 (information reasonably accessible by other means), but later relied on section 32 (court records). The Commissioner’s decision is that the MOJ has correctly relied on section 32(1)(a) to withhold the requested information. He does not require the MOJ to take any steps.
FOI 32: Not upheld

[2015] UKICO FS50578923
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555636

[2015] UKICO FS50570186
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555627

ICO The complainant has requested a copy of an agreement between Nottingham City Council and Nottingham Forest Football Club in the Community regarding the operation of a sports zone. Nottingham City Council disclosed some information but withheld other information under the exception for adverse affect to the confidentiality of commercial information (regulation 12(5)(e) of the EIR. The Commissioner’s decision is that Nottingham City Council: wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14 and failed to demonstrate that the exception in regulation 12(5)(e) was engaged. The Commissioner requires the public authority to disclose the information withheld under regulation 12(5)(e). The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
EIR 5(1): Upheld EIR 14: Upheld EIR 12(5)(e): Upheld

[2015] UKICO FS50576439
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555645

[2015] UKICO FS50569377
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555670

ICO The complainant requested certain information following his appeal of a previous FOIA request to the First Tier Tribunal. The Ministry of Justice (the ‘MOJ’) initially refused to provide the requested information on the basis of section 21 (information reasonably accessible by other means), but later relied on section 32 (court records). The Commissioner’s decision is that the MOJ has correctly relied on section 32(1)(a) to withhold the requested information. He does not require the MOJ to take any steps.
FOI 32: Not upheld

[2015] UKICO FS50574217
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555633

The complainant has requested information about a complaint he submitted to the Council concerning an incident he says he witnessed which raised health and safety in the workplace issues. Suffolk County Council (‘the Council’) would neither confirm nor deny holding the requested information by virtue of sections 40(5) (personal information). The Commissioner’s decision is that the section 40(5)(a) exemption is engaged. The Commissioner does not require the Council to take any steps as a result of this decision.
FOI 40: Not upheld

[2015] UKICO FS50574792
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555660

ICO The complainant has requested information from the Ministry of Justice (MoJ) about photography in prisons. To date he has not received a substantive response. The Commissioner’s decision is that MoJ has failed to provide a response to the request within the statutory time frame of 20 working days. He requires it to comply with the request or issue a valid refusal notice as set out in section 17 of the FOIA. MoJ must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Upheld

[2015] UKICO FS50578478
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555635

The complainant has requested information from the University of Bristol (‘the University’) relating to animal experiments. The Commissioner’s decision is that the University correctly applied section 12 of FOIA to the request. The Commissioner requires the public authority to take no steps. This decision notice is currently under appeal to the Tribunal.
FOI 12: Not upheld

[2015] UKICO FS50569289
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555668

[2015] UKICO FS50571721
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555628

ICO The complainant has requested information from Transport for London (TfL) about private hire licences, enforcement matters and meeting minutes. TfL acknowledged the request but did not go on to provide the complainant with a response. The Commissioner’s decision is that Transport for London has breached section 10 of the FOIA because it did not respond to the complainant’s request within the 20 working days that is a requirement of the Act. Transport for London has advised the Commissioner that it has now responded to the request. Consequently, the Commissioner does not require it to take any further steps.
FOI 10: Upheld

[2015] UKICO FS50583314
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555666

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) of the Freedom of Information Act 2000 (‘the FOIA’). This exemption relates to commercial interests. At the start of the Commissioner’s investigation, the council decided to withdraw its reliance on the exemption and disclose the information. The Commissioner finds that the council breached sections 1(1)(b), 10(1) and 17(1) of the FOIA. There are no steps to take.
FOI 1: Upheld FOI 10: Upheld FOI 17: Upheld

[2015] UKICO FS50580382
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555643

[2015] UKICO FS50578327
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555644

The complainant requested various items of information in respect of two letters he had received from the Chairman of the Isle of Anglesey Council’s Standards Committee. The Council provided some information but refused the rest by virtue of section 36(2)(c), section 41 and section 42(1) of the FOIA. It also stated that it did not hold some of the information. The Commissioner’s decision is that the Isle of Anglesey County Council correctly withheld information in respect of section 41 and section 42(1) of the FOIA. However, it incorrectly withheld information on the basis of section 36(2)(c) of the FOIA. The Isle of Anglesey Council also incorrectly informed the complainant that it did not hold information in respect of items III and VII of his request. The Commissioner requires the public authority to issue a fresh response in respect of items III and VII of the request compliant with section 1(1) of the FOIA and provide the information it holds in respect of items II and V of the request. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.
FOI 36: Upheld FOI 41: Not upheld FOI 42: Not upheld

[2015] UKICO FS50552416
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555623

The complainant requested information about the application of section 14 of the FOIA to previous requests for information he had submitted. The Commissioner’s decision is that Pennard Community Council (‘the Council’) has failed to respond to the request within the statutory time for compliance. This is a breach of section 10 of FOIA. The Commissioner requires the Council provide the complainant with a response to his request which complies with the requirements of section 1(1) of the FOIA, or issue a valid refusal notice. The Council must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50585308
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555648

ICO The complainant requested information from the Ministry of Justice (the ‘MOJ’) about regulations governing prisoners having their photographs taken. By the date of this notice, the MOJ had yet to provide a substantive response to this request. The Commissioner’s decision is that the MOJ breached section 10 of the FOIA in that it failed to provide a valid response to the request within 20 working days of receipt. The Commissioner requires the MOJ to issue a response to the request set out in paragraph 5. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Upheld

[2015] UKICO FS50582418
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555637

ICO The complainant has requested information about the C10 bus service. TfL refused to comply with the request under section 14(1) of the Freedom of Information Act 2000 (FOIA) as it considered it to be vexatious. The Commissioner’s decision is that TfL has correctly applied section 14(1) FOIA. The Commissioner requires no steps to be taken.
FOI 14: Not upheld

[2015] UKICO FS50580886
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555665

The complainant has requested copies of all emails involving the Chief Medical Officer relating to Ebola within particular time periods. The DoH refused to provide the requested information under sections 22, 27, 35(1)(a), 38, 40(2) and 43 of the FOIA. The Commissioner’s decision is that the DoH has correctly applied section 35(1)(a) FOIA to all the withheld information. The Commissioner requires no steps to be taken.
FOI 35: Not upheld

[2015] UKICO FS50567271
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555588

ICO The complainant has requested correspondence between the Prince of Wales and the GMC over the last two decades. The GMC confirmed that some information was held which was already in the public domain. It refused to confirm or deny whether any further information was held under section 37(2) FOIA. The Commissioner’s decision is that the GMC has correctly applied section 37(2) FOIA in this case. The Commissioner requires no steps to be taken.
FOI 37: Not upheld

[2015] UKICO FS50581432
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555598

The complainant made a request to the Dorset County Hospital NHS Foundation Trust (‘the Trust’) for information related to a tender concerning the Trust’s Pathology Service. The Trust disclosed some of the requested information but other information was withheld under the section 42 (legal professional privilege), section 43(2) (commercial interests) and section 36(2)(b)(i) and (ii) (free and frank exchange of views/provision of advice) exemptions. The Commissioner’s decision is that the section 36(2)(b)(i) and (ii), and section 42 exemptions were correctly applied and the public interest in maintaining the exemption outweighed the public interest in disclosure. However the Commissioner also found that for a small amount of redacted information and where section 43(2) was the only exemption that was applied, the exemption was not engaged. The Commissioner requires the public authority to provide the complainant with copies of the minutes and agendas falling within the scope of part 6 of the request with the information previously redacted under section 43(2) disclosed. The public authority must take these steps within 35 calendar days of the date of this Decision Notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court (or the Court of Session in Scotland) pursuant to section 54 of the Act and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.
FOI 36: Not upheld FOI 42: Not upheld FOI 43: Upheld

[2015] UKICO FS50565255
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555589

ICO The complainant has requested information from Land Registry about land owned by British and overseas companies. Land Registry initially refused the request relying on FOIA section 21 – information accessible to applicant by other means. During the course of the Commissioner’s investigation, Land Registry stated that it did not wish to rely on section 21 to refuse the request but would instead rely on section 31 – law enforcement. Land Registry notified the complainant accordingly. The Commissioner’s decision is that Land Registry has correctly applied section 21 to the request and his investigation will not therefore consider the application of section 31. He does not require Land Registry to take any further steps.
FOI 21: Not upheld

[2015] UKICO FS50558762
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555609

[2015] UKICO FS50579495
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555580

ICO The complainant requested a report of an investigation into the restraining whilst in hospital of an immigration detainee, who died shortly after the restraint was removed. The Home Office refused to disclose this information and cited the exemption provided by section 38(1)(a) (endangerment to health and safety) of the FOIA. The Commissioner’s decision is that section 38(1)(a) is not engaged in relation to some of the content of the report, and, in relation to the remainder of the content, that this exemption is engaged and the public interest in the maintenance of the exemption outweighs the public interest in disclosure. The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation. Disclose the following parts of the report: Cover sheet and contents (pages 1 and 2), Paragraphs 1.1 to 1.5 – executive summary, Paragraph 2 – terms of reference, Paragraphs 3.1 to 3.2 – methodology, Paragraphs 8.1 to 8.16 – recommendations. The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.
FOI 38: Partly upheld

[2015] UKICO FS50568265
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555612

ICO The complainant requested information relating to the citizenship status of the Prime Minister of Australia. The Home Office refused to confirm or deny whether it held this information and cited the exemption provided by section 40(5) (personal information) of the FOIA. The Commissioner’s decision is that the Home Office cited this exemption correctly and so it was not obliged to confirm or deny holding this information. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld

[2015] UKICO FS50580832
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555616

[2015] UKICO FS50547872
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555599

ICO The complainant requested information relating to the formation of the terms of reference of the non-statutory child abuse inquiry that was underway at the time of the request. The Home Office refused this request under section 35(1)(a) of the FOIA. The Commissioner’s decision is that the Home Office cited section 35(1)(a) correctly and so it was not obliged to disclose the requested information.
FOI 35: Not upheld

[2015] UKICO FS50577297
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555614

ICO The complainant has requested information from the General Medical Council (GMC) about medical practitioners with criminal convictions who are still practicing. The GMC provided some information to the complainant. It withheld some which it says is the personal data of third persons and exempt from disclosure under section 40(2) of the FOIA, by virtue of section 40(3)(a)(i). The Commissioner finds that the GMC breached section 10 of the FOIA as it did not provide a response to the complainant’s request within the 20 working days that is a requirement of the Act. The Commissioner has also decided that the GMC has correctly withheld the requested information under section 40(2), by virtue of section 40(3)(a)(i), because to disclose it would contravene Data Protection Act. The Commissioner does not require the GMC to take any further steps.
FOI 10: Upheld FOI 40: Not upheld

[2015] UKICO FS50567423
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555596

ICO Local Government (Borough Council) – The complainant has requested from the London Borough of Hammersmith and Fulham (‘the Council’) all information relating to planning applications of a property. The Commissioner’s decision is that the Council has provided the complainant with all the information it holds that falls within the scope of the request. However, the Council has breached regulation 5(1) and regulation 5(2) of the EIR because it did not respond to the request within the timescale for compliance. The Council has also breached regulation 11(4) of the EIR as it failed to carry out an internal review within 40 working days as set out in the legislation. As a full response has now been provided, the Commissioner requires the Council to take no steps.
EIR 5(1): Upheld EIR 5(2): Upheld EIR 11(4): Upheld

[2015] UKICO FS50559111
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555600

ICO The complainant requested a copy of a referral made to the IPCC in relation to the death of an infant. The IPCC refused to disclose this information under the exemptions provided by sections 40(2) (personal information) and 44(1)(c) (contempt of court) of the FOIA. The Commissioner’s decision is that these exemptions were cited correctly and so the IPCC was not obliged to disclose this information.
FOI 40: Not upheld FOI 44: Not upheld

[2015] UKICO FS50580468
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555621

ICO (Central Government) The complainant has requested information relating to a meeting between HRH the Prince of Wales and Brandon Lewis MP. The Department for Communities and Local Government applied the exemptions for communications with the Heir to the Throne at section 37(1)(aa), for personal data at section 40(2), and for information provided in confidence at section 41. The Commissioner’s decision is that the Department for Communities and Local Government has correctly applied the exemption at section 37(1)(aa) of the FOIA. He has not therefore not therefore considered the application of the exemptions at section 40(2) and 41 of the FOIA.
FOI 37: Not upheld

[2015] UKICO FS50571913
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555578

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. The Commissioner’s decision is that the DWP has correctly applied section 12 FOIA in this case. The Commissioner requires no steps to be taken.
FOI 12: Not upheld

[2015] UKICO FS50580352
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555597

ICO The complainant requested a list of key decisions considered by East Devon District Council (the council). The complainant was not satisfied that the council’s initial response provided him with the requested information. Following an internal review the complainant was provided with the information required, however he was not satisfied with the time the council took to provide the information or conduct an internal review. The Commissioner’s decision is that the council has breached section 10(1) of the FOIA as it did not provide the required information within the 20 working day timeframe permitted by the FOIA. As the council has now provided the requested information, the Commissioner does not require it to take any steps.
FOI 10: Upheld

[2015] UKICO FS50580809
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555593

ICO The complainant has requested information about a ‘file amnesty’ exercise referred to in the Wanless and Whittam Review. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so it breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the Home Office to respond to the request. The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50577333
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555615

ICO The complainant requested information relating to immigration. The Home Office failed to respond to this request. The Commissioner’s decision is that the Home Office breached sections 1(1) and 10(1) of the FOIA in failing to respond and it is now required to provide a response. The Commissioner requires the Home Office to respond to the request. The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50586304
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555618

ICO The complainant has requested information with regards to a police investigation that was carried out in relation to alleged corruption concerning an ex-councillor. Following East Devon District Council (the council) response, the complainant considered that the council held more information than that provided and was not satisfied with the time it took to provide the information it has. The Commissioner’s decision is that the council has provided all the information it holds within the scope of the request. He has also found that the council has breached section 10(1) of the FOIA in not providing all of the information it held within the required 20 working days from receipt of the request. As the council has now provided all the information it holds, he does not require it to take any steps.
FOI 1: Partly upheld FOI 10: Upheld

[2015] UKICO FS50574816
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555592

ICO The complainant requested statistical information from the Violent and Sex Offender Register (ViSOR). The Home Office stated that, as it managed ViSOR for the police rather than for its own purposes, it did not hold the information on ViSOR for the purposes of the FOIA. The Commissioner’s decision is that at the time of the request the Home Office did hold the information on ViSOR for the purposes of the FOIA and so it was in breach of section 1(1)(a) of the FOIA in stating that this information was not held. It is now required to provide a fresh response to the request on the basis that the requested information is held and either disclose the requested information, or specify the section of the FOIA under which this information is withheld. The Commissioner requires the Home Office to provide a response to the request that is compliant with section 1(1) of the FOIA. The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.
FOI 1: Upheld

[2015] UKICO FS50570940
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555613

ICO The complainant has requested information relating to Elaine Antoinette Parent. 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 FOIA. The Commissioner requires the Home Office to respond to the request. The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50581899
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555617

[2015] UKICO FER0574247
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555554

ICO The complainant requested a copy of a specific piece of legal advice from the London Borough of Camden (the ‘Council’). The advice was internal legal advice given in an email in 2009. The Council provided the requested information to the complainant in June 2015 but with third party personal data redacted under section 40(2) of the FOIA. The Commissioner’s decision is that the Council has correctly applied section 40(2) to the withheld information. There are no further steps to be taken. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld

[2015] UKICO FS50575139
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555563

[2015] UKICO FS50576394
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555543

ICO The complainant has requested information relating to Sir Jeremy Heywood’s meetings with a number of newspapers. This information was described in five requests. The Cabinet Office initially refused under section 23 (security bodies) and section 35 (formulation/development of government policy) but amended its position with regard to section 35 at internal review. Instead it sought to rely on provisions of section 36 (effective conduct of public affairs). During the course of the Commissioner’s investigation, it asserted that it did not hold the information described in the first of the five requests. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 23 and section 36 as a basis for withholding the requested information. He is also satisfied that the Cabinet Office does not hold the information described in the first of the five requests. No steps are required.
FOI 23: Not upheld FOI 36: Not upheld

[2015] UKICO FS50556590
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555557

ICO The complainant has requested correspondence on the commissioning of flood survey work between Wiltshire Council (‘the Council’) and their contractors in the bottom area of Urchfont. The Council provided several emails within the scope of the request and stated no further information was held. The Commissioner’s decision is that the Council has provided all the information it holds within the scope of the request.
EIR 5(1): Not upheld

[2015] UKICO FER0576182
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555540

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’). The Commissioner considered that the requests should have been considered under the terms of the Environmental Information Regulations 2004 (‘the EIR’). The Commissioner found that a significant amount of the information was the complainants’ personal data and should have been considered under the separate subject access rights provided by the Data Protection Act 1998 (‘the DPA’). The Commissioner found that the remaining information was excepted under regulation 12(4)(b) of the EIR and the public interest favoured maintaining the exception. There are no steps to take.
EIR 12(4)(b): Not upheld

[2015] UKICO FS50559640
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555577

ICO The complainant has requested copies of emails which relate to the Leader of the Council’s Twitter account dating from 28 September 2014 to 11 January 2015. The Commissioner’s decision is that Cheshire East Council has correctly applied sections 36(2)(b) and 36(2)(c) to the emails which the complainant seeks and it is therefore entitled to withhold them. The Commissioner does not require the public authority to take any further action in this matter.
FOI 36: Not upheld

[2015] UKICO FS50576432
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555566

ICO The complainant submitted a request to the Cabinet Office seeking a copy of any legal advice it held on the potential impact of the Transatlantic Trade and Investment Partnership. The Cabinet Office refused to confirm or deny whether it held any information on the basis of section 42(2), the legal professional privilege exemption. The Commissioner has concluded that section 42(2) is not engaged. The Commissioner requires the public authority to confirm or deny whether information falling within the scope of the request is held, and disclose or refuse any information identified. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 42: Upheld

[2015] UKICO FS50570791
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555558

ICO The complainant has made a multipart request for information about any positive action taken by Transport for London (TfL) to encourage people from ethnic minorities to become taxi drivers. TfL interpreted the request as being for information about an initiative which the London Development Agency had run and explained that, as it had not been responsible for that scheme, it did not hold the requested information. During the Information Commissioner’s investigation TfL argued that it had not carried out any form of positive action itself and therefore it did not hold the requested information in any event. The Information Commissioner’s decision is that ultimately TfL met its obligations under section 1 of FOIA to inform the complainant whether or not it held the requested information except in respect of one element. TfL breached section 1 by failing to provide information on where the complainant could submit a compensation claim to. However as the complainant has now acquired the necessary contact details for making a legal claim against the authority the Information Commissioner does not require TfL to take any further action in this matter. This decision notice is currently under appeal to the Tribunal.
FOI 1: Partly upheld

[2015] UKICO FS50566301
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555534

The complainant has requested information about particular BBC teams that had responded to a staff survey in 2012. The BBC refused to disclose the information and cited the FOIA exemptions under sections 21 (information reasonably accessible to the requester by other means) and 40(2) of the FOIA (third person personal data) as its basis for doing so. The Commissioner’s decision is as follows: The BBC correctly applied the exemption under section 21 to part of the request. The BBC correctly applied the exemption under section 40(2) to the remainder of the information as it is the personal data of third persons. The public interest favours maintaining the exemption. The Commissioner does not require the public authority to take any further steps.
FOI 21: Not upheld FOI 40: Not upheld

[2015] UKICO FS50577021
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555547

ICO The complainant has requested information on 11+ examination test results and other information related this process in the Buckinghamshire Area over a number of years from Buckinghamshire County Council (‘the council’). The council refused to comply with the request, relying on section 14(1) (vexatious requests). The Commissioner’s decision is that the council was correct to apply section 14(1) to the request. The Commissioner does not require the council to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 14: Not upheld

[2015] UKICO FS50551781
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555556

ICO The complainant has requested information about the travel expenses of James Harding, the Director of News and Current Affairs from 1 January 2014 to the date of the request. The BBC refused to comply with the request under section 14 FOIA. The Commissioner’s decision is that the BBC has incorrectly applied section 14 FOIA to the request. The Commissioner requires the public authority to respond to the request, either by disclosing the requested information or explaining why an exemption applies to prevent disclosure. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 14: Upheld

[2015] UKICO FS50579033
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555548

[2015] UKICO FS50568736
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555541

ICO The complainant has requested information relating to a lease and transfer agreement between Cheshire West and Chester Council and Cheshire Academies Trust. The information concerns Boughton Heath Primary School. The Commissioner’s decision is that Cheshire West and Chester Council has contravened section 10 of the FOIA by failing to respond to the complainant’s request within the twenty working days compliance period. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. The Council is required to respond to the complainant’s request. The Council must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Upheld

[2015] UKICO FS50585190
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555571

[2015] UKICO FS50570175
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555542

ICO The complainant complained that Oxford City Council had not responded to his request in relation to a roof garden. During the Commissioner’s investigation, Oxford City Council responded to the request. The Commissioner’s decision is that Oxford City Council was late in responding to the complainant’s request. The Commissioner considers that OCC has breached regulations 5(1) and (2). He does not require Oxford City Council to take any further steps as a result of this decision.
EIR 5(1): Upheld EIR 5(2): Upheld

[2015] UKICO FS50568137
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555522

ICO The complainant requested a document titled ‘Country Returns Documentation Guide’ that lists the documentation requirements other countries have in place in order to accept the return of their citizens. The Home Office disclosed this document, but withheld some of the content under the exemption provided by section 31(1)(e) (prejudice to the operation of the immigration controls) of the FOIA. The Commissioner’s decision is that the Home Office cited section 31(1)(e) correctly and so it was not obliged to disclose the withheld content. This decision notice is currently under appeal to the Tribunal.
FOI 31: Not upheld

[2015] UKICO FS50575601
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555499

ICO (Central Government) The complainant has requested information from the Land Registry relating to her boundaries. Land Registry has responded to the request by addressing the points as ‘business as usual’ rather than responding to the request under the FOIA. The Commissioner’s decision is that the Land Registry was correct not to address the request under the FOIA. The Commissioner does not require the public authority to take any steps.
FOI 1: Not upheld

[2015] UKICO FS50566539
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555493

The complainant submitted a request on 23 March 2015 for information about a named person. Plymouth City Council responded outside the 20 working day limit, as set out in section 10. The Commissioner’s decision is that Plymouth City Council has breached section 10 of the FOIA. The Commissioner does not require Plymouth City Council to take any steps as a result of this decision.
FOI 10: Upheld

[2015] UKICO FS50580723
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555524

ICO The complainant has made two requests for information relating to an investigation conducted by Durham County Council (the council) into a specified pupil referral unit (the PRU). The council refused the requests as it considered them both to be vexatious under section 14 of the FOIA. The Commissioner’s decision is that the council has correctly applied section 14 to the requests. He therefore does not require the council to take any steps in this case.
FOI 14: Not upheld

[2015] UKICO FS50569248
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555475

The complainant has requested information relating to illegal migrants who have been granted Discretionary Leave and in particular those who benefited from paragraph 353B of the Immigration Rules (Exceptional Circumstances). The Home Office refused this request on cost grounds under section 12(1) of the FOIA. The Commissioner’s decision is that the Home Office applied section 12(1) of the FOIA correctly and so it was not obliged to comply with the complainant’s information request. However, the Commissioner also finds that the Home Office failed to provide adequate advice and assistance to the complainant under section 16(1) of the FOIA. The Commissioner requires the Home Office to take reasonable steps to advise and assist the complainant with a view to refining the request to bring it within the cost limit. The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
FOI 12: Not upheld

[2015] UKICO FS50565262
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555498

ICO The complainant requested information about a tender bid process in 2010 for legal aid work from the Legal Aid Agency, which is an executive agency of the Ministry of Justice (the ‘MOJ’). The request was refused on the basis that the MOJ deemed it vexatious in accordance with section 14(1) of FOIA because the complainant was acting as part of a campaign. In addition, the MOJ sought to rely on sections 44(1)(c), prohibitions on disclosure, contempt of court and 43(2), commercial interests in withholding the requested information. The Commissioner’s decision is that the MOJ has incorrectly applied section 14(1) of FOIA to this request. He finds, however, that the MOJ was correct to rely on section 44(1)(c). As a result the Commissioner has not gone on to consider the MOJ’s reliance on section 43(2). This decision notice is currently under appeal to the Tribunal.
FOI 44: Not upheld

[2015] UKICO FS50565043
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555511

[2015] UKICO FS50569882
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555492

The complainant requested the salaries of thirty members of academic staff within the King’s College London (KCL) philosophy department. KCL refused to disclose this information and cited the exemption provided by section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that section 40(2) is engaged and so KCL was not obliged to disclose this information.
FOI 40: Not upheld

[2015] UKICO FS50553915
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555503

ICO The complainant requested salary information relating to thirty members of academic staff within the King’s College London (KCL) philosophy department. KCL refused to disclose this information and cited the exemption provided by section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that section 40(2) is engaged and so KCL was not obliged to disclose this information.
FOI 40: Not upheld

[2015] UKICO FS50560266
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555504

ICO The complainant has requested various items of information regarding summonses to the Magistrates Court in relation to Council Tax over a specified period. Gravesham Borough Council refused the request by virtue of section 14(1) of the FOIA on the grounds that it was vexatious. The Commissioner has considered the representations made to him by Gravesham Borough Council and has decided that it has incorrectly applied section 14(1) of the FOIA to the complainant’s request. The Commissioner requires the public authority to disclose to the complainant any recorded information it holds which is relevant to his request, or it should issue a new refusal notice which is compliant with the provisions of section 17 of the FOIA. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 14: Upheld

[2015] UKICO FS50566546
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555485

ICO The complainant requested information about a tender bid process in 2010 for legal aid work from the Legal Aid Agency, which is an executive agency of the Ministry of Justice (the ‘MOJ’). The request was refused on the basis that the MOJ deemed it vexatious in accordance with section 14(1) of FOIA because the complainant was acting as part of a campaign. In addition, the MOJ sought to rely on sections 44(1)(c), prohibitions on disclosure, contempt of court and 43(2), commercial interests in withholding the requested information. The Commissioner’s decision is that the MOJ has incorrectly applied section 14(1) of FOIA to this request. He finds, however, that the MOJ was correct to rely on section 44(1)(c). As a result the Commissioner has not gone on to consider the MOJ’s reliance on section 43(2). This decision notice is currently under appeal to the Tribunal.
FOI 44: Not upheld

[2015] UKICO FS50571713
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555512

ICO The complainant has requested in relation to two Immigration Removal Centres, self-audit reports prepared by the contractors running those centres. The Home Office withheld this information under the exemptions provided by sections 41(1) (information provided in confidence) and 43(2) (prejudice to commercial interests) of the FOIA. The Commissioner’s decision is that section 41(1) was not engaged and that section 43(2) was engaged, but that the public interest in the maintenance of the exemption did not outweigh the public interest in disclosure of the information. The Commissioner has also proactively considered section 40(2) (personal information) and found this engaged in relation to a small amount of the content of the reports. The Home Office is now required to disclose the reports with the minor content in relation to which section 40(2) is engaged redacted. The Commissioner requires the Home Office to disclose the two reports, with names of detainees redacted. The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld FOI 41: Upheld FOI 43: Upheld

[2015] UKICO FS50557400
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555496

ICO The complainant requested information about legal aid costs relating to a number of cases involving named individuals. The Ministry of Justice (the ‘MOJ’) neither confirmed nor denied holding the requested information citing section 40(5) (personal information) of the FOIA. The Commissioner’s decision is that the MOJ was entitled to rely on section 40(5)(b)(i). He requires no steps to be taken.
FOI 40: Not upheld

[2015] UKICO FS50576722
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555515

ICO The complainant has requested information relating to proposed financial support of South Yorkshire Police and Crime Commissioner (SYPCC) from the Home Office. SYPCC failed to respond to this request for information and the Commissioner’s decision is that in doing so SYPCC breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires SYPCC to respond to the request. SYPCC must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50567948
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555528

The complainant requested information concerning an application for a licence to carry out animal testing. The Home Office refused to disclose this information and cited the exemptions provided by sections 44(1)(a) (statutory prohibition to disclosure) and 38(1) (endangerment to health and safety) of the FOIA. The Commissioner’s decision is that section 44(1)(a) was cited correctly and so the Home Office was not obliged to disclose the requested information. The Commissioner does not require the Home Office to take any steps to ensure compliance with the legislation.
FOI 44: Not upheld

[2015] UKICO FS50560795
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555497

The complainant requested information relating to the Rehabilitation Programme, including reports of business readiness. The Ministry of Justice (MoJ) confirmed that it held some relevant information but refused to disclosed it citing sections 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and exchange of views) and 36(2)(c) (other prejudice to the effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that section 36(2)(c) is not engaged and that, with respect to some of the information withheld by virtue of section 36(2)(b), the public interest favours disclosure. The Commissioner also found a small amount of information should have been withheld by virtue of section 40(2) (personal information). The Commissioner requires MoJ to disclose the information incorrectly withheld under sections 36(2)(b) and (c), with the personal data in relation to which section 40(2) is engaged redacted. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 36: Upheld FOI 40: Not upheld

[2015] UKICO FS50556043
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555510

ICO The complainant requested information about Employment Tribunal jurisdictional cases from the Ministry of Justice (the ‘MOJ’). By the date of this notice, the MOJ had yet to provide a substantive response to this request. The Commissioner’s decision is that the MOJ breached section 10 of the FOIA in that it failed to provide a valid response to the request within 20 working days of receipt. The Commissioner requires the MOJ issue a response to the request set out in paragraph 5. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Upheld

[2015] UKICO FS50575545
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555514

ICO The complainant has requested information relating to allegations against a named individual. Sussex Police failed to respond to this request for information and the Commissioner’s decision is that in doing so Sussex Police breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires Sussex Police to respond to the request. Sussex Police must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50570884
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555533

[2015] UKICO FS50543288
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555408

ICO The complainant requested information relating to polling conducted about the Scottish independence referendum. The Cabinet Office confirmed that it held information relevant to the request but needed further time to consider the balance of the public interest. The Commissioner’s decision is that Cabinet Office has breached section 10 of the Freedom of Information Act 2000 (the Act) as it has not provided a full response within the statutory time limit. The Commissioner requires the public authority issue a response to the complainant’s request in accordance with the Act by either complying with section 1(1)(b) or issuing a valid refusal notice. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50572275
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555448

ICO Central Government – The complainant requested information from the Ministry of Justice (MoJ) relating to emails about the death of a named individual. MoJ failed to respond to this request for information and the Commissioner’s decision is that in doing so MoJ breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the public authority to respond to the request.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50575402
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555413

ICO The complainant requested legal advice received by the College of Policing (the College) on the issue of making the ‘disapproved register’ of former police officers publicly available. The College refused to disclose this information under the exemption provided by section 42(1) (legal professional privilege) of the FOIA. The Commissioner’s decision is that the College cited section 42(1) correctly and so it was not obliged to disclose this information.
FOI 42: Not upheld

[2015] UKICO FS50579963
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555458

ICO Local Government (City Council) – The complainant has requested information from Sheffield City Council (the Council) about footpaths which cross his land. The Council has treated the request as manifestly unreasonable in accordance with section 12(4)(b). The Commissioner’s decision is that Sheffield City Council has correctly engaged regulation 12(4)(b). He does not require the Council to take any further steps.
FOI 12: Not upheld

[2015] UKICO FS50558170
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555424

ICO The complainant has requested information about expenses claims made by Tony Hall, Director General from 10 September 2013 to the date of the request. The BBC refused to provide the requested information under sections 14, 21, 22, 38 and 40(2) FOIA. It also said that some information was not subject to FOIA as it is held for the purposes of ‘journalism, art or literature’. The Commissioner’s decision is that the BBC has correctly applied section 22 and section 40(2) FOIA to some of the withheld information. The BBC correctly stated that some information was held for the purposes of journalism, art or literature and therefore the BBC was not obliged to comply with Parts I to V of FOIA. The BBC incorrectly applied section 14 to the request and section 21, section 38 and section 40(2) FOIA to some of the withheld information. The Commissioner requires the public authority to disclose the information withheld under section 38 FOIA and the names of attendees and menu information withheld under section 40(2) FOIA. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 14: Upheld FOI 21: Upheld FOI 22: Not upheld FOI 38: Upheld FOI 40: Not upheld

[2015] UKICO FS50564162
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555437

ICO The complainant requested information relating to legal aid payments made in respect of Michael and Mairead Philpott. Ministry of Justice (MoJ) confirmed it held the requested information but refused to provide it citing section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that MoJ incorrectly withheld the information relating to Mr and Mrs Philpott and their legal representatives by virtue of section 40(2). The Commissioner requires the public authority to disclose the withheld information. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 40: Upheld

[2015] UKICO FS50563489
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555412

ICO The complainant has requested information about particular episodes of the BBC television programmes ‘HARDtalk’ and ‘Notorious’. The BBC explained that this information is covered by the derogation and excluded from the FOIA. The Commissioner’s decision is that the BBC holds the requested information for the purposes of ‘journalism, art or literature’ and it does not fall inside the FOIA. He therefore upholds the BBC’s position and does not require the BBC to take any further steps. Information Tribunal appeal EA/2015/0135 withdrawn.
FOI 1: Not upheld

[2015] UKICO FS50566640
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555438

ICO The complainant has requested information relating to a decision made in response to a complaint from 1978. The Crown Prosecution Service (CPS) failed to respond to this request for information and the Commissioner’s decision is that in doing so the CPS breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the CPS to respond to the request. The CPS must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50572290
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555465

The complainant has requested information relating to a particular aspect of an investigation carried out by the Charity Commission for Northern Ireland (CCNI) into Lough Neagh Rescue Service. The CCNI responded by stating that the requested information was either exempt information under section 21 (‘information accessible to the applicant by other means’) of FOIA or was otherwise not held. The complainant has not disputed the application of section 21 of FOIA but has instead argued that the CCNI would hold additional information that had not been identified. The Commissioner’s decision is that on the balance of probabilities the CCNI does not hold further information and therefore he does not require any steps to be taken as a result of this notice
FOI 1: Not upheld FOI 21: Not upheld

[2015] UKICO FS50565417
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555454

The complainant has made a request to Cambridgeshire County Council (‘the council’) for information relating to a bus service. The council has not responded to the request. The Commissioner’s decision is that the council has breached section 10. The Commissioner requires the council to respond to the request in accordance with its obligations under the FOIA. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Upheld

[2015] UKICO FS50571718
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555452

ICO The complainant submitted a request to the Cabinet Office seeking information about the establishment of the Iraq Inquiry, including how its remit was decided, how members were selected and why the format of a Privy Councillor-led inquiry was chosen. The Cabinet Office argued that the withheld information was exempt from disclosure on the basis of section 35(1)(a) of FOIA, the government policy exemption. The Commissioner is satisfied that the requested information falls within the scope of the exemption. He has also concluded that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. This decision notice is currently under appeal to the Information Tribunal.
FOI 35: Not upheld

[2015] UKICO FS50556426
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555447

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 time limit. The Commissioner requires the public authority to issue a response to the complainant under the Act. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50579607
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555449

ICO The complainant has requested the minutes of two meetings held between Jeremy Hunt and Kaiser Permanente in January and March 2014. In addition, he requested communications held between Jeremy Hunt, and his special advisers and Kaiser Permanente representatives. The DoH said that it did not hold the information requested by the complainant under section 1(1)(a) FOIA. The Commissioner considers that the DoH was correct to confirm that it did not hold any information under section 1(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires no steps to be taken.
FOI 1: Not upheld

[2015] UKICO FS50567568
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555473

Central Government – The complainant requested information from the Ministry of Justice (MoJ) relating to incidents in specified prisons over the period 19 December 2014 to 2 January 2015. The MoJ failed to respond to this request for information and the Commissioner’s decision is that in doing so MoJ breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires MoJ to respond to the request.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50579620
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555414

ICO The complainant requested copies of correspondence between officials and the Secretary to the Sir John Chilcot led Iraq Inquiry. The Commissioner’s decision is that the public authority was entitled to rely on the exemptions at sections 22(1), 35(1)(a) and 40(2) FOIA to withhold information within the scope of the request. The Commissioner however finds the public authority in breach of section 17(1)(b) FOIA. No steps required.
FOI 17: Upheld FOI 22: Not upheld FOI 35: Not upheld FOI 40: Not upheld

[2015] UKICO FS50547943
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555446