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 Information Tribunal appeal EA/2015/0135 withdrawn.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 requested information relating to the attendance of the Prime Minister and Home Secretary at an immigration raid. The Home Office refused to disclose this information and cited the exemptions provided by sections 36(2)(b)(ii) (inhibition to the free and frank exchange of views) and 23(5) (information relating to, or supplied by, security bodies) of the FOIA. The Commissioner’s decision is that the Home Office cited section 36(2)(b)(ii) correctly in relation to the majority of the information and so it was not obliged to disclose that information. He also finds that section 23(5) was engaged so the Home Office was not obliged to confirm or deny whether it held any further information. However, section 36(2)(b)(ii) was not engaged in relation to some of the information withheld and the Home Office is now required to disclose that information. The Commissioner requires the Home Office to disclose the relevant paragraph from the 22 July 2014 email in relation to which section 36(2)(b)(ii) was not engaged. 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 23: Not upheld FOI 36: Partly upheld

[2015] UKICO FS50563631
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555404

ICO The complainant has requested health and safety information and correspondence concerning the Tarzan Swing operated by Adventure Forrest Limited at Delamere Forest in Cheshire. Cheshire West and Chester Council has confirmed that it holds information falling within the scope of the complainant’s request but has refused to disclose this in reliance on the exemptions provided by sections 31(1)(c) and 44(1)(c) of the FOIA. The Commissioner’s decision is that Cheshire West and Chester Council has correctly applied section 31(1)(c) to the withheld information. The Commissioner does not require the Council to take any further action in this matter.
FOI 31: Not upheld

[2015] UKICO FS50566294
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555382

[2015] UKICO FER0564309
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555385

ICO The complainant requested from the London Borough of Southwark (‘the Council’) information about work undertaken by a contractor on a particular Travellers’ site. The Council provided some information but withheld details of variations to the costings for the work under section 43(2). The Commissioner’s decision is that the Council has incorrectly applied section 43(2) to the withheld information. The Commissioner requires the Council to disclose to the complainant the information that it withheld under section 43(2).
FOI 43: Upheld

[2015] UKICO FS50570511
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555356

ICO The complainant requested all communications between Fiona Woolf and the Home Secretary and the Permanent Secretary of the Home Office between 3 September 2014 and the date of the request. The Home Office refused to disclose this information and cited the exemption provided by section 36(2)(c) (prejudice to the effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that the Home Office cited this exemption correctly and so it was not obliged to disclose this information.
FOI 36: Not upheld

[2015] UKICO FS50567981
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555406

ICO The complainant requested names and professional addresses of all doctors licensed to prescribe certain specified substances. The Home Office refused to disclose this information under section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that section 40(2) was cited correctly so the Home Office was not obliged to disclose this information.
FOI 40: Not upheld

[2015] UKICO FS50534959
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555402

ICO The complainant requested information on the costs and attendees of BBC functions during the political party conferences. The BBC confirmed that they did not hold any further information. The complainant considered that more information must be held by the BBC. The Commissioner’s decision is that the BBC does not hold any further information in this case. The Commissioner does not require the BBC to take any steps.
FOI 1: Not upheld

[2015] UKICO FS50574830
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555369

ICO The complainant requested various items of information from East Devon District Council (‘the council’) relating to the council’s proposed relocation from Knowle. The council responded to the requests by supplying internet links to information it had already published on its website. It subsequently said that some information was excepted under regulation 12(4)(e), 12(5)(b) and 12(5)(e) of the Environmental Information Regulations 2004 (‘the EIR’). These exceptions relate to internal communications, information that would adversely affect the course of justice and the confidentiality of commercial information. The council also referred to the exemption under section 21 of the Freedom of Information Act 2000 (‘the FOIA’). The Commissioner found breaches of regulation 5(1) and 5(2) of the EIR for the failure to make information available. He found a breach of regulation 9(1) because of the council’s failure to provide reasonable advice and assistance. Additional breaches under regulation 14(2) and 14(3)(a) and (b) were found for the failure to justify a refusal to provide information. Finally, there was a breach of regulation 11(4) for the failure to conduct an internal review within 40 working days. The Commissioner has not ordered any steps to take for reasons that are explained in the decision notice.
EIR 5(1): Upheld EIR 2: Upheld EIR 11(4): Upheld EIR 14: Upheld EIR 14(3)(a): Upheld EIR 14(3)(b): Upheld

[2015] UKICO FS50550485
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555395

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 (FOIA). The Commissioner’s decision is that the Charity Commission has correctly applied section 31(1)(g) with subsection 2(h) FOIA to the withheld information. The Commissioner requires no steps to be taken.
FOI 31: Not upheld

[2015] UKICO FS50566981
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555380

ICO The complainant has requested information about the number of honours awarded to serving civil servants in the last five years. By the date of this notice the Cabinet Office had yet to provide a substantive response to the request. The Information Commissioner’s decision is that the Cabinet Office breached section 10 of the FOIA in that it has failed to provide a response to the request within the statutory timescale. The Commissioner requires the Cabinet Office to issue a response to the request under the FOIA by either complying with section 1(1) or issuing a valid refusal notice.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50569096
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555376

ICO The complainant submitted a request to the public authority for access to a file relating to the New Year’s Honours List for 1992. The public authority denied the request in reliance on the exemptions at sections 37(1)(b) and 40(2) FOIA. The Commissioner’s decision is that the public authority was entitled to withhold file T 352/53 in reliance on the exemption at section 37(1)(b) FOIA. No steps required.
FOI 37: Not upheld

[2015] UKICO FS50565704
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555375

ICO The complainant requested the phone number of the unit or department within the Cabinet Office responsible for handling requests made under the Freedom of Information Act 2000 (the Act). By the date of the decision notice the complainant had not received a response to his request. The Commissioner’s decision is that the Cabinet Office has breached sections 10 of the Act as it failed to respond to the complainant’s request within 20 working days. The Commissioner requires the public authority to issue a response to the complainant’s request in accordance with the Act by either complying with section 1(1) or issuing a valid refusal notice.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50573978
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555377

ICO The complainant requested information relating to litigation he had taken against the Home Office. The Home Office stated that it did not hold some of this information. In relation to other parts of the request it now states that it should have asked the complainant to clarify his request. The Commissioner’s decision is that the Home Office stated correctly that it did not hold some of the information requested. However, the Commissioner has also found that the Home Office breached section 16(1) of the FOIA through a failure to comply with its duty to provide advice and assistance and section 17(5) by failing to specify in correspondence with the complainant a provision that it later cited.
FOI 16: Partly upheld FOI 17: Partly upheld

[2015] UKICO FS50564814
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555405

ICO The complainant requested a file listed at the National Archives, but retained by the Home Office, that relates to the 1969 investiture of the Prince of Wales. Much of the content of the file was disclosed to the complainant, with the remainder withheld under the exemptions provided by the following sections of the FOIA: 23(1) (information relating to, or supplied by, security bodies), 31(1)(a) and (b) (prejudice to the prevention or detection of crime and to the apprehension or prosecution of offenders), 40(2) (personal information). The Commissioner’s decision is that sections 23(1) and 40(2) were cited correctly. For the one document withheld under sections 31(1)(a) and (b), the Commissioner finds that those exemptions were not engaged. The Home Office is now required to disclose this information. The Commissioner requires the Home Office disclose document number 60. 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 23: Not upheld FOI 31: Upheld FOI 40: Not upheld

[2015] UKICO FS50554689
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555403

ICO (Local Government (City Council)) The complainant has requested information relating to population and household growth as it relates to long term school place planning. Leeds City Council disclosed some information and withheld other information under the exception for material in the course of completion (regulation 12(4)(d) of the EIR). The Commissioner’s decision is that Leeds City Council has correctly applied regulation 12(4)(d) to withhold the requested information. The Commissioner does not require the public authority to take any steps.
EIR 12(4)(d): Not upheld

[2015] UKICO FS50571592
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555330

ICO The complainant requested copies of minutes and emails about the proposed Election TV debates. 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 was excluded from FOIA. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

[2015] UKICO FS50570746
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555368

The complainant has requested information from Liverpool City Council (‘the council’) about parking policy. The council disclosed some information, but withheld the remainder under section 21(1) of the Freedom of Information Act (‘the FOIA’). The complainant disputed the application of section 21(1), and whether all relevant information had otherwise been identified. The Commissioner’s decision is that section 21(1) is engaged, and that no further information is held that falls within the scope of the request. The Commissioner does not require any steps to be taken. This decision notice is currently under appeal to the Tribunal.
FOI 21: Not upheld

[2015] UKICO FS50570570
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555333

The complainant has requested details of any planning history for a specific property prior to online records. The Commissioner’s decision is that Cherwell District Council was correct to refuse to provide the information under Regulation 6(1)(b) of the EIR as the information is already publicly available and easily accessible to the complainant in another form or format. He does not require any steps to be taken to comply with the legislation.
EIR 6: Not upheld

[2015] UKICO FER0571475
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555381

ICO The complainant has requested information relating to the deportation of two individuals. 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 section 40(5) correctly and so it was not obliged to confirm or deny whether it held this information.
FOI 40: Not upheld

[2015] UKICO FS50574021
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555321

ICO The complainant requested information relating to a previous FOI request he made to the Home Office. The Home Office refused to disclose that information and cited the exemptions provided by sections 36(2)(b)(i) (inhibition to the free and frank provision of advice) and 36(2)(c) (other prejudice to the effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that the Home Office cited section 36(2)(c) correctly and so it was not obliged to disclose this information.
FOI 36: Not upheld

[2015] UKICO FS50571310
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555320

ICO The complainant requested templates of letters used to inform applicants whether their immigration application has been successful. The Home Office refused to disclose these templates and cited 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 this exemption correctly and so it was not obliged to disclose this information.
FOI 31: Not upheld

[2015] UKICO FS50565569
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555316

ICO The complainant requested information relating to the funding of the Metropolitan Police Service Special Demonstration Squad. The Home Office refused to confirm or deny whether it held this information and cited the exemption provided by section 31(3) (prejudice to law enforcement) of the FOIA. The Commissioner’s decision is that the Home Office cited this exemption incorrectly and so it is now required to provide a fresh response to the request. The Commissioner requires the Home Office to provide a fresh response under the FOIA to the complainant’s information request. This response must not refuse to confirm or deny whether the requested information is held.
FOI 31: Upheld

[2015] UKICO FS50567283
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555318

ICO The complainant requested the total payments made to the previous operators of two Immigration Removal Centres (IRCs) for the final year of the contracts. The Home Office refused to disclose this information under the exemption provided by section 43(2) (prejudice to commercial interests) of the FOIA. The Commissioner’s decision is that the Home Office cited section 43(2) correctly and so it was not obliged to disclose this information.
FOI 43: Not upheld

[2015] UKICO FS50566256
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555317

ICO The complainant requested information about compensation payments that had been made for unlawful detention during the period 2009 to 2011. The Home Office refused to disclose this information under section 12(1) of the FOIA as it estimated that the cost of compliance with the request would exceed the appropriate limit. 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.
FOI 12: Not upheld

[2015] UKICO FS50559708
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555315

ICO The complainant requested information relating to guidance issued to immigration officials concerning the implications of a court case. A delay ensued which the complainant alleged was the result of the Home Office failing to send a request for clarification when it claimed it had done so. Upon responding to the request, the Home Office disclosed the majority of the information, but withheld names of officials under the exemption provided by section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that on the balance of probabilities the Home Office had sent a request for clarification at the time it claimed to have done and so there is no breach of the FOIA in relation to this allegation by the complainant. The Commissioner also finds that the Home Office cited section 40(2) correctly, but that it breached section 17(1) of the FOIA by failing to respond within 20 working days following the eventual provision of a clarified request by the complainant. That breach does not necessitate remedial action.
FOI 40: Not upheld

[2015] UKICO FS50544707
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555314

ICO The complainant requested information relating to immigration law. The Home Office did not respond to this request in line with the FOIA as it stated that it dealt with it as an enquiry, rather than as a request for recorded information. The Commissioner’s decision is that in failing to deal with the complainant’s request in accordance with the FOIA, the Home Office breached section 1(1) of the FOIA. It is now required to respond in accordance with the FOIA. The Commissioner requires the Home Office issue a response to the complainant’s information request under the FOIA.
FOI 1: Upheld

[2015] UKICO FS50568921
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555319

[2015] UKICO FS50552572
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555327

ICO The complainant has requested access to all documentation held by the BBC which in any way relates to the 1995 edition of Panorama which included an interview with the Princess of Wales. It said that it had already provided the complainant with all information it held relevant to the scope of the request, but reissued this information to the complainant. During the course of the Commissioner’s investigation it provided the complainant with two further pieces of information. It confirmed that it did not hold any further information under section 1(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner considers that the BBC was correct to confirm that it did not hold any further information under section 1(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires no steps to be taken.
FOI 1: Upheld

[2015] UKICO FS50567020
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555271

ICO The complainant has requested information relating to the Cabinet Office’s work with the Behavioural Insights Team. The Cabinet Office (CO) failed to respond to this request for information and the Commissioner’s decision is that in doing so the CO breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the CO to respond to the request.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50565962
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555279

ICO The complainant has requested correspondence and other information connected with the drafting of legislation whereby the Duchy of Cornwall is not criminally liable under the provisions of the Data Protection Act 1998. The Cabinet Office refused to provide this citing section 35 (government policy exemption) and section 42 (legal professional privilege exemption) as its basis for doing so. It upheld this position at internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 42 as its basis for withholding the requested information. No steps are required. Information Tribunal appeal EA/2015/0098 dismissed.
FOI 42: Not upheld

[2015] UKICO FS50554507
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555277

ICO The complainant has requested all information on any contingency plans. 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.
FOI 1: Not upheld

[2015] UKICO FS50570042
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555272

ICO The complainant requested for each of the Immigration Removal Centres (IRCs) for which the Home Office (HO) is responsible, its performance against the published Operating Standards for IRCs and the number of performance points deducted in terms of the performance regime set by the contracts or service level agreements (SLAs), and any associated financial deductions applied to the service providers. The Commissioner did not uphold HO’s application of the section 43(2) and section 41(1) FOIA exemptions to the performance information held and also to the performance points information held except that which would make public parts of the business models used by HO and its contractors. He did however uphold HO’s application of the section 43 FOIA exemption to information the disclosure of which would reveal parts of the business models used by HO and its contractors. He also decided that the balance of the public interest favoured maintaining the exemption for this information. The Commissioner also decided that a small amount of information should be redacted from the information to be disclosed where not doing so would disclose personal information proper to be withheld under the section 40(2) FOIA exemption. For the avoidance of doubt the Commissioner set out his decision in detail in a confidential schedule which has been provided to HO only. HO provided the Commissioner, for the purposes of his investigation, with the requested information for three IRCs – those at Colnbrook, Brook House and Yarl’s Wood – for him to consider as a ‘test case’ which he has done. He now requires HO to apply disclosure principles set out in this Decision Notice to the corresponding information held by HO for its other IRCs, whether publicly or privately operated. The Commissioner requires HO to disclose to the complainant the performance information and the performance points information specified in the confidential schedule to this decision. Also, to apply the same principles to the corresponding information held about other IRCs but which HO did not provide to the Commissioner for his consideration.
FOI 41: Upheld FOI 43: Partly upheld

[2015] UKICO FS50533359
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555313

ICO The complainant requested details about the number of medical members of the Mental Health Review Tribunal who had applied to extend their appointment. The Ministry of Justice (MoJ) provided exact figures where the numbers exceeded five but refused to provide figures less than five on the basis that individuals could be identified and section 40(2) was therefore engaged. The Commissioner’s decision is that MoJ has correctly applied section 40(2) to withhold figures less than five. This decision notice is currently under appeal to the Tribunal. He requires no steps to be taken as a result of this decision.
FOI 40: Not upheld

[2015] UKICO FS50563030
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555223

[2015] UKICO FS50573246
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555227

[2015] UKICO FER0563467
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555264

The complainant has requested information relating to the register of staff interests. The Commissioner’s decision is that the Parliamentary and Health Service Ombudsman does not hold any further information within the scope of the request. The Commissioner does not require any steps to be taken as a result of this decision notice.
FOI 1: Not upheld

[2015] UKICO FS50561790
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555239

[2015] UKICO FS50549513
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555213

ICO The complainant requested the response from the Home Office to the recommendation that the qualifying period for the special constable long service medal be reduced to five years. The Home Office refused to disclose this information and cited the exemption provided by section 35(1)(a) (formulation or development of government policy) of the FOIA. The Commissioner’s decision is that section 35(1)(a) was cited correctly and so the Home Office was not obliged to disclose this information.
FOI 35: Not upheld

[2015] UKICO FS50553530
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555206

ICO The complainant requested a copy of a notice that he believed had been served upon the telecommunications service provider Talktalk requiring it to retain communications data. The Home Office refused to confirm or deny whether it held this information and cited the exemptions provided by the following sections of the FOIA: 24(2) (national security), 31(3) (prejudice to law enforcement), 43(3) (prejudice to commercial interests). The Commissioner’s decision is that the Home Office applied section 24(2) correctly and so it was not obliged to confirm or deny whether it held the requested information.
FOI 24: Not upheld

[2015] UKICO FS50544470
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555205

ICO The complainant has requested information relating to the performance assessment of a doctor carried out by the General Medical Council (GMC). During that assessment the complainant provided a statement which the doctor then commented on. It is the doctor’s comments on her statement that the complainant has requested. The GMC refused to provide the information under section 40(2) on the basis the comments constituted the personal data of the doctor and the disclosure would breach the principles of the Data Protection Act 1998 (DPA). The Commissioner’s decision is that section 40(2) is engaged and that the GMC was entitled to refuse the request. The Commissioner does not require the public authority to take any further action in this matter.
FOI 40: Not upheld

[2015] UKICO FS50558655
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555196

[2015] UKICO FS50566659
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555229

ICO The complainant has requested any correspondence between senior BBC staff members and members of the Dame Janet Smith Review team (or Counsel / Secretariat to the Review) that relates to the scheduled publication date of the review findings. The BBC refused to provide the requested information under section 36(2)(b)(i) and (ii), section 36(2)(c) and section 40(2) FOIA. The Commissioner’s decision is that the BBC has correctly applied section 36(2)(b)(ii) and section 40(2) FOIA to the withheld information. The Commissioner requires no steps to be taken.
FOI 36: Not upheld FOI 40: Not upheld

[2015] UKICO FS50565090
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555270

ICO The complainant requested a file listed by the National Archives, but retained by the Home Office, that concerned Scottish devolution. The Home Office initially refused the request under section 22(1) (information intended for future publication) of the FOIA, but withdrew that exemption at internal review. Although it was not relying on any grounds from the FOIA to continue to withhold the information, it stated that circumstances meant that it was unable to disclose this information, but that it would imminently be available at the National Archives (TNA). This information remained unavailable by the date of this decision notice. The Commissioner’s decision is that in failing to disclose the requested information within 20 working days of receipt of the request, the Home Office breached sections 1(1)(b) and 10(1) of the FOIA. The Commissioner has also found the Home Office in breach of the section 16(1) duty to provide advice and assistance and it is now required to take action to remedy that breach. The Commissioner requires the Home Office to provide advice to the complainant on how his request can be progressed with the appropriate public authority in the current circumstances.
FOI 1: Upheld FOI 10: Upheld FOI 16: Upheld

[2015] UKICO FS50560776
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555207

[2015] UKICO FS50558362
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555230

[2015] UKICO FS50558777
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555214

ICO The complainant requested details of tribunal cases where any of the parties were represented by a named barrister. The Ministry of Justice (the ‘MOJ’) refused to provide the information applying section 40(5)(b)(i) of FOIA, the neither confirm nor deny provision for personal information. The Commissioner finds that the MOJ wrongly relied on section 40(5) because it would not be unfair to confirm whether the named barrister, if he exists, was involved with any cases. The Commissioner therefore requires the public authority to issue a fresh response to the request
FOI 40: Upheld

[2015] UKICO FS50564314
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555224

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

[2015] UKICO FS50566444
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555225

[2015] UKICO FS50564106
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555201

ICO The complainant has requested to know how many teachers were reported following and investigation by the council and the reasons why they were reported. The council initially responded by neither confirming nor denying holding the information. During the Commissioner’s investigation the council amended its response. It provided some information but refused the remaining under section 40(2) and 41 of the FOIA. The complainant asked the Commissioner to consider if the council was correct to refuse the information and whether any more was held. The Commissioner’s decision is that the council was correct to rely on section 40(2) of the FOIA to withhold the information, so did not go on to consider section 41 of the FOIA. The Commissioner also determined that the council held no other information with regards to the request. Lastly the Commissioner found that the council breached section 10(1) of the FOIA, as it did not provide its full response within the required timeframe of the FOIA. As a full response has now been provided, the Commissioner does not require the council to take any steps.
FOI 40: Partly upheld

[2015] UKICO FS50556415
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555190

[2015] UKICO FS50549551
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555158

ICO The complainant has requested from the London Borough of Camden (‘the Council’) information relating to the repair and refurbishment of his home. The Commissioner’s decision is that the Council has provided the complainant with all the recorded information it holds that falls within the scope of his requests. The Commissioner requires the Council to take no steps.
FOI 1: Upheld

[2015] UKICO FS50552629
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555174

Local Government (City Council)

[2015] UKICO FS50527003
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555177

ICO The complainant requested the cost of a joint celebration in January 2015. 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.
FOI 1: Not upheld

[2015] UKICO FS50570138
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555162

ICO The complainant has requested information about the Public Duty Costs Allowance. The Cabinet Office wrote to advise that further time was required to consider the balance of the public interest test in relation to the application of section 35(1)(a). By the date of this notice the Cabinet Office had yet to provide a substantive response to this request. The Information Commissioner’s decision is that the Cabinet Office breached section 17(3) of the FOIA in that it has failed to provide a response to the request within a reasonable timescale. The Commissioner requires the Cabinet Office to provide the complainant with a substantive response to the request for information. In the event that the Cabinet Office decides to withhold any information then the complainant should be provided with a refusal notice giving a full explanation as to why the information is not being disclosed, including details of any public interest considerations.
FOI 1: Upheld FOI 10: Upheld FOI 17: Upheld

[2015] UKICO FS50566237
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555169

The complainant has made 3 separate requests for information in relation to a community transport service provider being used by Cambridgeshire County Council (the council). The council has refused to provide the information to these 3 requests, relying on section 14(1) of the FOIA as it deemed the requests to be vexatious. The Commissioner’s decision is that the council has correctly relied on section 14(1) of the FOIA to refuse the 3 requests. The Commissioner does not require the council to take any steps.
FOI 14: Not upheld

[2015] UKICO FS50553252
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555172

ICO The complainant submitted a request to the public authority for the cost of the legal assistance provided to witnesses for the Leveson Inquiry. The Commissioner’s decision is that the public authority was not entitled to withhold the information requested on the basis of section 22(1) FOIA (information intended for future publication). The Commissioner requires the public authority disclose to the complainant the cost of the legal assistance provided by the public authority (through Treasury Solicitors) to witnesses for the Leveson Inquiry. Information Tribunal appeal EA/2015/0093 withdrawn.
FOI 22: Upheld

[2015] UKICO FS50527839
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555164

ICO The complainant requested a copy of a Joint Intelligence Committee report pertaining to Exercise Able Archer . The Commissioner’s decision is that the public authority was entitled to withhold the information requested on the basis of the exemptions at sections 23(1) and 24(1) FOIA. No steps required. This decision notice is currently under appeal to the Tribunal.
FOI 23: Not upheld FOI 24: Not upheld

[2015] UKICO FS50559792
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555168

ICO The complainant has made a number of requests to the London Borough of Camden (the Council) for information relating to the North London Waste Plan. Some of these were complied with by the Council to the complainant’s satisfaction. However, the complainant has asked the Commissioner to consider three requests in response to which the Council has explained that it does not hold further information and one request where the Council withheld the requested information under the ‘course of justice’ (regulation 12(5)(b)) exception in the EIR. On the not-held question, the Commissioner has decided on the balance of probabilities that the Council has provided all relevant records and therefore discharged its obligations under the EIR. With regard to the fourth request and the application of regulation 12(5)(b), the Commissioner has found that the exception is not engaged. He therefore requires the Council to disclose the information to ensure compliance with the legislation. Information Tribunal appeal EA/2015/0089 dismissed.
EIR 12(5)(b): Partly upheld

[2015] UKICO FER0536590
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555173

ICO The complainant has requested correspondence and other information connected with the drafting of legislation whereby the Duchy of Cornwall is not criminally liable under the provisions of the Water Industry Act 1991. The Cabinet Office refused to provide this citing section 35 (government policy exemption) and section 42 (legal professional privilege exemption) as its basis for doing so. It upheld this position at internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 42 as its basis for withholding the requested information. No steps are required. Information Tribunal appeal EA/2015/0074 dismissed.
FOI 42: Not upheld

[2015] UKICO FS50554096
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555166

ICO The complainant has requested information from the DoH in its capacity as the holder of the legacy records of former Primary Care Trusts (PCT) and PCT Clusters. The DoH said that it would exceed the cost limit under section 12 FOIA to comply with the request. The Commissioner’s decision is that the DoH has correctly applied section 12 FOIA in this case. The Commissioner requires no steps to be taken
FOI 12: Not upheld

[2015] UKICO FS50561104
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555186

ICO The complainant has requested records of exchanges between Tony Blair and George W Bush that took place in the run up to the invasion of Iraq in March 2003. The Cabinet Office cited provisions of section 27 (International relations exemption) as its basis for refusing to provide this information. It upheld this position following internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 27(1)(a) and section 27(1)(c) as its basis for refusing to provide the requested information. No steps are required.
FOI 27: Not upheld

[2015] UKICO FS50550937
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555165

ICO The complainant requested information relating to a specified court. The Ministry of Justice (the ‘MOJ’) failed to respond to him until the Commissioner’s intervention. In its response, the MOJ advised that it did not consider the request constituted a valid request under FOIA and instead handled it as a ‘normal course of business’ request. The Commissioner’s decision is that the MOJ has handled the request properly. He does not require it to take any steps in order to comply with the legislation. Information Tribunal appeal EA/2015/0053 dismissed.
FOI 16: Not upheld

[2015] UKICO FS50561738
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555122

ICO On 5 August 2014 the complainant asked Nottingham City Council for a list of empty and/or derelict commercial, industrial and residential properties. The Council complied with the complainant’s request on 10 December 2014. The Commissioner therefore finds that the Council has contravened section 10 of the FOIA by failing to respond to the request within the twenty working days compliance time provided by this section. The Commissioner does not require the Council to take any steps in this matter.
FOI 10: Upheld

[2015] UKICO FS50562164
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555134