Category: Information

Department for Environment Food and Rural Affairs (Decision Notice): ICO 3 Mar 2006

ICO DEFRA stated that they had not received the complainant’s request for information which was sent on 19 January 2005. They also failed to comply promptly when sent a copy of the request by the Information Commissioner on 30 August 2005. However, the Decision Notice has now been complied with.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2006] UKICO FS50074584
Bailii
England and Wales

Information

Updated: 16 December 2021; Ref: scu.533373

Department for Work and Pensions (Decision Notice): ICO 24 Feb 2006

The Complainant sent a request for information to the CSA on 12 May 2005, asking for certain legislation, guidance and policy documents. Following the intervention of the Information Commissioner the complainant received a response on 9 December 2005. The Commissioner has therefore decided that the CSA breached the Act by not responding within 20 working days.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2006] UKICO FS50102162
Bailii
England and Wales

Information

Updated: 16 December 2021; Ref: scu.533353

Hackney London Borough Council (Decision Notice): ICO 23 Jan 2006

ICO The complainant submitted requests on 12 April, 19 May and 27 May 2005, asking for information about the standards that apply to deem that a vehicle is travelling in a bus lane. Two of these requests were delivered by hand, while one was posted. The Council stated that they did not receive any of the requests. The information requested was provided to the complainant after the Commissioner forwarded to the Council a copy of the request on 12 April. The Commissioner is of the opinion that the requests were received by the Council, especially in view of the fact that two were hand-delivered. The Commissioner therefore concludes that the request, dated 12 April 2005 was received and that the Council did not respond until 12 October 2005. On this basis the Council failed to respond within the prescribed period of 20 working days.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2006] UKICO FS50078394
Bailii
England and Wales

Information

Updated: 16 December 2021; Ref: scu.533344

Coal Authority (Decision Notice): ICO 15 Feb 2012

The complainant has requested information from The Coal Authority about postcodes for which coal mining and brine searches are required in England and Wales. The Information Commissioner’s decision is that the public authority did not deal with the request for information in accordance with the Environmental Information Regulations 2004 (the EIR) in that it did not apply the correct legislation when handling the request. He therefore requires The Coal Authority either to provide the information requested in compliance with regulation 5(1) or issue a valid refusal notice that complies with regulation 14 of the EIR.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld

[2012] UKICO FS50428155
Bailii
Environmental Information Regulations 2004
England and Wales

Information

Updated: 16 December 2021; Ref: scu.529171

Cyngor Cymuned Llandysul (Decision Notice): ICO 1 Mar 2006

ICO The complainant requested the sight documentation relating to the placement of a BT pole and land ownership. The council offered photocopies of the documentation at 10 pence per sheet but refused sight of the information. The Commissioner has decided that the Council should have given preference to the complainant’s request to see the information, and has therefore upheld the complaint.
Section of Act/EIR and Finding: FOI 11 – Complaint Upheld

[2006] UKICO FS50069396
Bailii
England and Wales

Information

Updated: 16 December 2021; Ref: scu.533371

Warrenpoint Harbour Authority (Other): ICO 7 Oct 2021

1. Summary wording for website: The complainant has requested information from Warrenpoint Harbour Authority (WHA) regarding communications between it and various third parties with reference to current Tribunal proceedings 2. The Commissioner’s decision is that WHA has correctly applied section 12(1) of the FOIA to the complainant’s request. 3. However, the Commissioner finds WHA in breach of its obligation under section 16 of the FOIA to provide advice and assistance to the complainant. 4. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
WHA should offer further advice and assistance to help the complainant narrow or refine his request, further to its duty under section 16(1) of the FOIA. 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 12: Complaint partly upheld FOI 16: Complaint partly upheld

[2021] UKICO IC-70344
Bailii
England and Wales

Information

Updated: 16 December 2021; Ref: scu.669680

South and East Belfast Health and Social Services Trust (Decision Notice): ICO 8 Dec 2005

ICO On 01/08/05 the complainant requested information relating to her mother’s care, and a complaint made against the Trust by herself. This information was not provided until 04/11/05, exceeding the 20 day time limit.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2005] UKICO FS50089177
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533338

Ministry of Defence (Decision Notice): ICO 1 Dec 2005

ICO The complainant requested her late father’s full naval service and medical records. The MoD provided, albeit late, the certificate of service and attestation pack. The medical records had earlier been provided to the complainant’s mother and the complainant stated that she did not want duplicates of the same information and so this was not provided. The complainant contends that the full service and medical records were not provided. The MoD contend that they have provided all of the information which they hold and that typically, for Royal Marines serving between 1938 and 1948, they would not hold any further information. The Commissioner is satisfied with the assurances provided by the MoD. The Commissioner’s decision is that the MoD has provided all the information held in relation to the request but failed to do so within 20 working days.
FOI 1: Not upheld

[2005] UKICO FS50080313
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533328

Llandudno Town Council (Decision Notice): ICO 7 Dec 2005

ICO The complainant requested information regarding the costs and receipts of all matters to do with the Town Twinning arrangements for the year 1 April 2004 until 31 March 2005. The Town Council provided this information but did so outside the 20 working day time limit.
FOI 10: Upheld

[2005] UKICO FS50083727
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533326

Cardiff Council (Decision Notice): ICO 7 Dec 2005

ICO On 28/01/05 the complainant requested documents relating to the National School for Children with Cerebral Palsy. In its response, dated 07/03/05, CCC stated that it was necessary to consider the public interest in relation to this request, citing the exemption at section 36 of the Act, and indicated that it expected to be able to provide the outcome of their consideration of the public interest by 18/03/05. CCC neither advised the complainant of a decision nor released the information by 13/03/05 and still has not done so at the date of issuing the Decision Notice, despite the Commissioner’s intervention. The Commissioner requires CCC to provide the complainant with either the information requested or a notice detailing why it is in the public interest to withhold or not confirm whether they hold the information.
FOI 1: Upheld

[2005] UKICO FS50073291
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533322

University of Ulster (Decision Notice): ICO 8 Dec 2005

On 30/05/05 the complainant requested financial information on the University’s swimming, diving and hydrotherapy pools. This information was not provided until 07/11/05, exceeding the 20 working day time limit.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2005] UKICO FS50093281
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533340

Newcastle Upon Tyne NHS (Decision Notice): ICO 7 Dec 2005

ICO The complainant requested information from the Trust relating to the date on which its policy for handling vexatious complaints was introduced, and also the location of other information provided was not that which he had requested. The Commissioner has found the response of the public authority did provide the complainant with the information requested. The Information Tribunal has ruled on this decision and has dismissed this appeal.
FOI 10: Not upheld

[2005] UKICO FS50070880
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533330

Sandwell Metropolitan Council (Decision Notice): ICO 7 Dec 2005

ICO The complainant requested information relating to the inspection of a children’s play area. The Council provided some of the information; however, they were unable to locate the relevant reports for two specific weeks and explained this to the applicant. In addition they stated that they would not continue to search for the relevant reports. The complainant did not receive the outstanding information and so re-iterated his initial request. Following an investigation and internal review by the Council, it was found that inspections were not carried out on the weeks in question and so there was no further information to provide. The Commissioner is satisfied with the assurances of the public authority that the outstanding information was not held.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

[2005] UKICO FS50087297
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533336

Home Office (Decision Notice): ICO 2 Nov 2005

ICO Central government – On 03/01/05 the complainant requested information concerning immigration policy. The Home Office did not respond until 19/09/05, when it declined to provide the information as doing so would exceed the prescribed cost limit. The Home Office asked the complainant to refine his request in order to attempt to bring it within the cost limit. He did so, however he was then informed that the information sought was exempt and subject to public interest arguments. The Home Office has breached the time for compliance under the Act and has advised the ICO that it expects to provide a substantive response to the complainant by 14/12/05. FOI 10: Upheld

[2005] UKICO FS50073711
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533297

Department for Work and Pensions (Decision Notice): ICO 24 Nov 2005

The complainant made a number of requests for information from the Child Support Agency (CSA) – part of the Department of Work and Pensions – on three separate dates. The complainant alleged that the CSA failed to provide him with all the information requested and that the information was not provided within 20 working days. The Commissioner has decided that two of these requests were in fact requests for his own personal data and therefore exempt under section 40(1) of the Act. A request was also made for a copy of the CSA’s publication scheme which the Commissioner has decided is accessible by other means and therefore exempt under section 21 of the Act. The Commissioner also considers that one of the questions was not a valid FOI request. However, the CSA did fail to respond to one of the complainant’s requests within 20 working days.
FOI 1: Not upheld FOI 10: Upheld

[2005] UKICO FS50065750
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533288

Ministry of Defence (Decision Notice): ICO 8 Nov 2005

ICO The complainant requested the logbooks of an ex-serviceman. There were two aspects to the complaint. Firstly, the complainant felt that the initial response by the MoD was ambiguous and did not comply with the duty to confirm or deny. The MoD confirmed both to the complainant and the Commissioner that the intention of their statement was to communicate a denial that the information was held. With regard to this aspect of the complaint, the Commissioner was satisfied that the MoD did comply with the Act. The second aspect to the complaint related to the veracity of the MoD’s denial that the information was held. The MoD explained why the information was not held and the Commissioner was satisfied with the steps taken by the MoD to ascertain whether the information was held. The Decision Notice found that the MoD was not in breach of Section 1.
FOI 1: Not up

[2005] UKICO FS50074781
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533306

East Riding of Yorkshire Council (Decision Notice): ICO 30 Nov 2005

ICO The applicant requested information regarding the Hornsea Rail Trail and received a partial response within the statutory period of twenty working days. When the complainant pursued the failure of ERYC to provide all of the information, the request was widened further on two occasions. Following the intervention of the Commissioner, ERYC provided a full response to the information request, however the Commissioner has decided that by virtue of the fact that they failed to provide the information requested within twenty working days a breach has occurred.
FOI 10: Upheld

[2005] UKICO FS50074966
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533292

Cardiff Council (Decision Notice): ICO 25 Nov 2005

ICO The Complainant requested information relating to a landfill site on 4/3/05. Even after the intervention of this Office, the Council has not responded to the request. The Decision Notice requires the Council to respond to the request within 30 days of the Decision Notice.
FOI 10: Upheld

[2005] UKICO FS50071182
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533284

Guildford Borough Council (Decision Notice): ICO 8 Aug 2005

ICO The complainant requested information relating to the dates on which recycling boxes were delivered to his neighbours and alleged that the information was provided late and was incomplete. The Commissioner’s decision was that the information was not provided within the statutory time period, but the Commissioner was satisfied with the assurance of the Council that all relevant information had been provided.
FOI 1: Not upheld

[2005] UKICO FS50071067
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533244

Standards for England (Decision Notice): ICO 1 Aug 2005

ICO The complainant requested information relating to the investigation of a complaint about him. The Standards Board refused this request on the grounds the information consisted of personal data, some relating to the complainant and some relating to third parties, and that in either case disclosure would breach the Data Protection Act. Having conducted an internal review, the Board also cited additional exemptions, namely those covering information subject to legal professional privilege and information whose disclosure is prohibited by law. The Commissioner considered that the public authority had handled the request correctly and that it was entitled to rely upon the exemptions cited. The complainant has lodged an appeal.
FOI 40: Not upheld

[2005] UKICO FS50064699
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533252

Camden Council (Decision Notice): ICO 10 Oct 2005

ICO The complainant requested a record of activity relating to a parking ticket and an explanation of what LBC inferred from it. LBC has assured the Commissioner that the Parking Attendant pocket book notes constitute the record of activity, a point initially disputed by the complainant, and a letter sent to the complainant on 20 January 2005 covered the second part of his request. The Parking Attendant’s notes were provided to the complainant on 23 March 2005, outside the 20 working days allowed.
FOI 10: Upheld

[2005] UKICO FS50069224
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533264

Cardiff Council (Decision Notice): ICO 19 Oct 2005

ICO On 05/01/05 the complainant requested documents relating to the consideration of a particular employee’s position within CCC, that employee’s employment tribunal and the outcomes of that tribunal. In their response, CCC stated that it was necessary to consider the public interest in relation to this request and indicated that they expected to be able to provide the outcome of their consideration of the public interest by 11/02/05. No reference was made to the particular exemption(s) the public interest test was being applied to CCC had neither advised the complainant of a decision nor released the information by the 11/02/05 and still had not done so at the date of issuing the Decision Notice. The Commissioner requires CCC to provide the complainant with either the information requested or a notice detailing why it is in the public interest to withhold or not confirm whether they hold it.
FOI 1: Upheld FOI 17: Upheld

[2005] UKICO FS50069730
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533265

Cabinet Office (Decision Notice): ICO 24 Jun 2005

ICO The complainant requested information relating to emails both to and from Andrew Adonis’ Downing Street computer, as well as copies of correspondence between Mr Adonis and the Prime Minister, all since 1st July 2004. The Cabinet Office failed to respond within 20 working days. However, as the Cabinet Office subsequently did respond, the Decision Notice did not identify any steps to be taken.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2005] UKICO FS50071460
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533219

Department for Work and Pensions (Decision Notice): ICO 27 Jun 2005

ICO Complainant requested specific information concerning the discontinuance of benefit payment by order book. The request was dated 6th January 2005. The DWP did not respond until 27th April 2005 when, following intervention by the ICO, it sent general information to the complainant but failed to address the majority of the issues raised in his request. The Decision Notice required the DWP to deal with the request and, if it considered that the information was exempt, to issue a Refusal Notice.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 17 – Complaint Upheld

[2005] UKICO FS50062398
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533220

Home Office (Decision Notice): ICO 12 Jul 2005

ICO The complainant requested information relating to Nazi war criminals living in the UK. The Home Office failed to respond to the complainant’s request for information within the statutory time period but subsequently issued a satisfactory Refusal Notice. The Decision Notice identified the breach but no further steps were required.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2005] UKICO FAC0066292
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533233

Cornwall Council (Decision Notice): ICO 5 Jul 2005

ICO The complainant requested a copy of an approved drawing of a street plan and alleged that the Council wrongly stated that the information specified in their request was not held. The drawing did come into the Council’s possession and was subsequently provided to the complainant. The ICO is however satisfied with the Council’s assurances that it did not hold the information at the time of its response to the initial request. The complainant lodged an appeal with the Tribunal, which was subsequently dismissed. The Information Tribunal has ruled on this decision and has dismissed this appeal.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

[2005] UKICO FS50075186
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533230

BBC (Decision Notice): ICO 16 Oct 2007

ICO The complainant requested details of the gross remuneration paid to the 20 highest paid ‘entertainers’ on the BBC for the previous three years. The BBC refused to provide the information on the basis it was held for the purposes of journalism, art and literature. The BBC also explained that even if this request fell within the scope of the Act, it would need to clarify with the complainant what he meant by the phrase ‘entertainer’ as it was not a term used by the BBC. Having considered the purposes for which the information is held the Commissioner is satisfied that it falls within the scope of the Act. Consequently, the Commissioner has decided that the BBC should contact the complainant in order to clarify his request in line with its duty under section 16 of the Act.
FOI 16: Upheld

[2007] UKICO FS50070467
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533081

East Riding of Yorkshire Council (Decision Notice): ICO 27 Sep 2007

ICO The complainant requested information from East Riding of Yorkshire Council (the Council) relating to its health and safety policy and procedures, particularly where the policies and procedures address how risk is assessed and managed. The Council refused to comply with the request on the grounds that it considered it to be vexatious under section 14 of the Act (vexatious or repeated requests). The Commissioner found that, given the history of the correspondence between the complainant and the Council regarding the issue of risk assessment, the request in question would impose a significant burden on the public authority in terms of expense and distraction and that it is designed to cause disruption and annoyance, has the effect of harassing the public authority and could be fairly characterised as obsessive. Therefore he decided that the Council was correct to apply the exemption under section 14(1) of the Act. The Commissioner also found that the Council had failed to respond to the request within 20 working days, and therefore had breached section 17(5) of the Act (refusal of request). The Council is not required to take any further steps in respect of this complaint. Information Tribunal appeal number EA/2007/0109 has been dismissed.
FOI 14: Not upheld

[2007] UKICO FS50154968
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533063

Redcar and Cleveland Borough Council (Decision Notice): ICO 17 Sep 2007

ICO The complainant requested information relating to a planning application to demolish property used by Redcar and Cleveland College (the ‘College’) for redevelopment purposes. Redcar and Cleveland Borough Council (the ‘Council’) claimed that most of the information sought was already available for public inspection. It asserted that the remainder consisted of – pre-application discussions – carried out with the College in confidence. It refused to supply this information, citing exemptions at section 41 and section 43 of the Freedom of Information Act 2000 (the ‘Act’). The Information Commissioner considered that the Environmental Information Regulations 2004 (the ‘EIR’) was the appropriate access regime in respect of the information, but agreed with the Council’s re-assessment that the non-disclosure exception at regulation 12(5)(f) applied.
Section of Act/EIR and Finding: EIR 12.5.f – Complaint Not upheld

[2007] UKICO FER0066999
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533074

Ministry of Justice (Decision Notice) FS50150314: ICO 16 Oct 2007

ICO The complainant asked the public authority for the audio record of a court hearing in which he had been a party. The public authority withheld the information on the basis of sections 32 and 21 of the Freedom of Information Act 2000 (‘the Act’). The Commissioner decided that neither section was engaged and that the public authority should therefore disclose the requested information to the complainant. He also decided that the public authority had delayed in providing the complainant with its refusal notice, in breach of breach of section 17(1) of the Act, and also in providing its internal review decision. This decision notice is currently under appeal to the Information Tribunal.
FOI 10: Upheld

[2007] UKICO FS50150314
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533098

Ministry of Justice (Decision Notice) FS50118883: ICO 16 Oct 2007

ICO The complainant, through his solicitors, asked the public authority for the audio record of his trial. The public authority withheld the information on the basis of sections 32 and 21 of the Freedom of Information Act 2000 (‘the Act’). The Commissioner decided that neither section was engaged and that the public authority should therefore disclose the requested information to the complainant. He also decided that the public authority had delayed in providing the complainant with its refusal notice, in breach of section 17(1) of the Act. This decision notice is currently under appeal to the Information Tribunal.
FOI 10: Upheld

[2007] UKICO FS50118883
Bailii
England and Wales

Information

Updated: 15 December 2021; Ref: scu.533097

Home Office (Decision Notice): ICO 4 Jul 2007

ICO The complainant requested anonymised information relating to two infringements of the Animal (Scientific Procedures) Act 1986 and a letter sent from the Home Office to the Crown Prosecution Service. The Home Office refused to disclosure the information under sections 30, 36, 38 and 44 of the Act. The Commissioner investigated and found that section 30 and 36 were engaged but that the public interest in maintaining the exemption did not outweigh the public interest in disclosure; that section 38 was engaged but that the public interest lay in maintaining the exemption and that section 44 was engaged. The Commissioner requires the Home Office to disclose the information withheld under sections 30 and 36 to the complainant within 35 calendar days from date of this notice. An appeal was made to the Tribunal but later withdrawn.
Section of Act/EIR and Finding: FOI 30 – Complaint Upheld, FOI 36 – Complaint Upheld, FOI 38 – Complaint Upheld, FOI 44 – Complaint Upheld

[2007] UKICO FS50108125
Bailii
Animal (Scientific Procedures) Act 1986
England and Wales

Information

Updated: 15 December 2021; Ref: scu.532999