Category: Information

Hastings Borough Council (Local Government): ICO 1 Oct 2018

The complainant has requested information relating to a viability report and associated documents for a site in Hastings. The council refused the request on the basis that Regulation 12(5)(e) of the EIR applies (commercial confidentiality). The Commissioner’s decision is that the council was correct to apply the exception to some of the information, however it was not correct to apply the exception to the entirety of the viability report and its appendices. She has also decided that the public interest rests in withholding the information which she has identified as falling within the scope of the exception. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the information outlined in the annex to this decision notice.
EIR 12(5)(e): Complaint partly upheld

Citations:

[2018] UKICO fer0721611

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 04 September 2022; Ref: scu.628509

Sefton Metropolitan Borough Council (Local Government): ICO 18 Jun 2019

The complainant has requested information relating to applications and approvals for work to be carried out on a watercourse. Sefton Metropolitan Borough Council disclosed some information but confirmed that it did not hold a specific receipt. The Commissioner’s decision is that Sefton Metropolitan Borough Council was correct to state that it does not hold the requested information. The Commissioner therefore considers that Sefton Metropolitan Borough Council has not breached regulation 12(4)(a) (Information not held at the time of the request) of the EIR. The Commissioner does not require Sefton Metropolitan Borough Council to take any steps as a result of this decision.
EIR 12(4)(a): Complaint not upheld

Citations:

[2019] UKICO fer0736588

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 September 2022; Ref: scu.639193

Kent County Council (Local Government): ICO 18 Jun 2019

The complainant has requested information relating to the Sandwich Rail Infrastructure Project. Kent County Council disclosed some information and withheld other information under the exceptions for commercial confidentiality (regulation 12(5(e)) and interests of the information provider (regulation 12(5)(f)). The Commissioner’s decision is that Kent County Council has correctly applied regulation 12(5)(e) to withhold the information. The Commissioner does not require the public authority to take any steps.
EIR 12(5)(e): Complaint not upheld

Citations:

[2019] UKICO fer0809509

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 September 2022; Ref: scu.639167

Hackney London Borough Council (Local Government (Borough Council)): ICO 5 May 2015

The complainant has requested the council to disclose a list of the prices paid for properties bought back by the council for the Woodberry Down regeneration project. The council initially applied section 12 of the FOIA to this request. This was later withdrawn when the complainant requested information to be supplied within the cost limit. The council responded again and released some information to the complainant. The council advised the complainant that it had withheld the outbound part of each postcode, as it considered this information was exempt from disclosure under section 40 of the FOIA. The Commissioner has reviewed the case and he is satisfied that section 40 of the FOIA applies to the remaining withheld information. As a result, the Commissioner does not require any further action to be taken.
FOI 40: Not upheld

Citations:

[2015] UKICO FS50561244

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 September 2022; Ref: scu.555401

NHS North Tyneside Clinical Commissioning Group (Health (NHS)): ICO 19 May 2015

The complainant has requested information about a panel hearing regarding Continuing Healthcare retrospective funding arrangements for a deceased individual. NHS North Tyneside Clinical Commissioning Group (‘CCG’) refuses to provide the requested information. It says the information is the personal data of a third person and exempt from disclosure under section 40(2) of the FOIA. The Commissioner’s decision is that the requested information is not personal data and is consequently not exempt under section 40(2). In the particular circumstances of this case, the Commissioner took the decision to proactively consider section 41(1) of the FOIA (information provided in confidence) in relation to this request. He has concluded that the information can be withheld from disclosure on the basis of this exemption because it is information provided in confidence. The Commissioner does not require the public authority to take any further steps.
FOI 41: Not upheld

Citations:

[2015] UKICO FS50568280

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 September 2022; Ref: scu.555417

Rochdale Metropolitan Borough Council (Local Government (Borough Council)): ICO 26 May 2015

The complainant requested copies of correspondence between Rochdale Borough Council (the Council) and an allotment society. The Council refused to provide the requested information citing sections 40 (personal information) and 41 (information provided in confidence) of FOIA. During the course of the Commissioner’s investigation, some information was disclosed to the complainant. The Commissioner has investigated the Council’s application of section 40. The Commissioner’s decision is that the Council correctly relied on section 40(2) of the FOIA to refuse the request. The Commissioner does not require the Council to take any steps.
FOI 40: Not upheld

Citations:

[2015] UKICO FS50572430

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 September 2022; Ref: scu.555423

Great Yarmouth Borough Council (Local Government (Borough Council)): ICO 12 May 2015

The complainant has made a request to Great Yarmouth Borough Council (‘the council’) for information relating to financial assistance for property development. The council disclosed some information and withheld the remainder under the exemption provided by section 40(2) of the Freedom of Information Act (‘the FOIA’). The complainant disputed the application of section 40(2), and whether all relevant information had been identified. The Commissioner’s decision is that the council has correctly withheld the information under section 40(2), and that all information has otherwise been disclosed. The Commissioner does not require any steps to be taken.
FOI 40: Not upheld

Citations:

[2015] UKICO FS50551547

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 September 2022; Ref: scu.555400

Devon County Council (Decision Notice) FS50430745: ICO 17 Sep 2012

The complainant has requested information about the inspection and maintenance records for a pedestrian footbridge. Some information was disclosed in response to the request but the complainant is not satisfied that all the information held by the council has been disclosed to him. The Information Commissioner’s decision is that Devon County Council has disclosed all the information it holds which is described in the complainant’s request. The Commissioner does not require the public authority to take any further steps to ensure compliance with the legislation.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

Citations:

[2012] UKICO FS50430745

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 September 2022; Ref: scu.529822

NHS North Yorkshire and York Primary Care Trust (Decision Notice): ICO 4 Sep 2012

The complainant requested information regarding allegations made against a GP at a practice in Richmond, North Yorkshire. The NHS North Yorkshire and York Primary Care Trust disclosed the majority of the requested information, however it withheld the remainder, citing sections 30, 31 and 40 of FOIA as a basis for non-disclosure. The Commissioner’s decision is that section 40(2) by virtue of section 40(3)(a)(i) applies to the entirety of the withheld information. Therefore the Commissioner orders no steps to be taken. The Commissioner also finds that the Trust breached section 17(1) of FOIA.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 40 – Complaint Not upheld

Citations:

[2012] UKICO FS50430137

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 September 2022; Ref: scu.529848

Chichester District Council v II Lynne Friel (Environmental Information Regulations 2004): FTTGRC 16 Mar 2011

FTTGC EIR regulation 12(4)(e) internal communications
EIR regulation 12(5)(d) confidentiality
EIR regulation 12(5)(e) commercial or industrial information

Citations:

[2011] UKFTT EA – 2010 – 0153 (GRC

Links:

Bailii

Statutes:

Environmental Information Regulations 2004

Information

Updated: 03 September 2022; Ref: scu.430598

Suede/ Mytravel Et Commission (Law Governing The Institutions): ECJ 3 Mar 2011

ECJ Appeal – Access to documents – Regulation (EC) No 1049/2001 – Refusal of access – Exception relating to the protection of the decision-making process – Exception relating to the protection of court proceedings and legal advice – Overriding public interest in disclosure – Documents relating to Commission decisions on concentrations – Acquisition of First Choice plc by Airtours plc.

Citations:

C-506/08, [2011] EUECJ C-506/08 – O, [2011] EUECJ C-506/08

Links:

Bailii, Bailii

Jurisdiction:

European

Information

Updated: 03 September 2022; Ref: scu.430347

Brown, Regina (on The Application of) v Upper Tribunal (Administrative Appeals Chamber): Admn 11 Dec 2013

Request to the Attorney General’s office under the Freedom of Information Act (or ‘FOIA’) for disclosure of particular information relating to the practice by which the courts exercise their judicial powers to seal royal wills.

Judges:

Phillips

Citations:

[2013] EWHC B46 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 02 September 2022; Ref: scu.570904

Plymouth City Council (Local Government (City Council)): ICO 19 May 2015

The complainant has requested score sheets from a firework display competition in 2013. Plymouth City Council (the ‘Council’) advised him that it does not hold the requested information, as it is held by a third party in its own right. The Commissioner’s decision is that the Council does not hold the requested information and he requires no steps to be taken.
FOI 1: Not upheld

Citations:

[2015] UKICO FS50574178

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.555422

Kislingbury Parish Council (Local Government (Borough Council)): ICO 12 May 2015

The complainant requested information from Kislingbury Parish Council (‘the council’) relating to an area known as ‘the Old Pond site’. The council supplied some information. The complainant alleged that more was held. The Commissioner investigated and found that more information falling within the scope of the request was held. The Commissioner accepts that on the balance of probabilities no further information is now held. He finds that the council breached regulation 5(1) and 5(2) of the Environmental Information Regulations 2004 (‘the EIR’) for failing to disclose all the information it held. The Commissioner requires the council to make the additional information falling within the scope of this request available to the complainant in his preferred format or either electronic or paper hardcopies. This refers to the information obtained from the council’s solicitor, the invoice for the sum of pounds 1848, the invoice for the sum of pounds 300 and the relevant parts of the speadsheets recording the receipt of these amounts. 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 5(2): Upheld

Citations:

[2015] UKICO FS50553366

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.555407

Pennard Community Council (Local Government (Other)): ICO 19 Mar 2015

The complainant requested information about all motions discussed at meetings of Pennard Community Council (‘the Council’) and the minutes of the open and closed session of the meeting on 29 September 2014. The Council failed to respond within the statutory 20 working days prescribed by the FOIA. The Commissioner’s decision is that the Council breached section 10(1) of the FOIA as it did not respond to the request within the timescale for compliance. As a substantive response has now been provided to the complainant, he does not require any remedial steps to be taken.
FOI 1: Upheld FOI 10: Upheld

Citations:

[2015] UKICO FS50573149

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.555240

Mellis Parish Council (Local Government (Parish Council)): ICO 12 May 2015

The complainant has requested meeting recordings made on a recording device. Mellis Parish Council (the council) determined that although the recordings were made by the clerk of the council, it did not hold these recordings for the purposes of the FOIA. The Commissioner’s decision is that the recordings were made by the clerk for personal reasons and therefore the council does not hold the recordings for the purposes of the FOIA. The Commissioner does not require the council to take any steps.
FOI 1: Not upheld

Citations:

[2015] UKICO FS50572125

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.555411

Derbyshire Healthcare NHS Foundation Trust (Health (NHS)): ICO 13 May 2015

The complainant has requested information from Derbyshire Healthcare NHS Foundation Trust (‘the Trust’) about its Psychotherapy Service Team Leader position. The Trust first said it was withholding the relevant information it holds as it is the personal data of a third person. It then said it did not hold the specific information the complainant had requested. During the course of the Commissioner’s investigation, the Trust released to the complainant relevant information that it holds. The complainant is not satisfied that the Trust has disclosed all the information that it holds that relates to her request. The Commissioner’s decision is that the Trust has disclosed all the information that it holds that falls within the scope of the request and has met its obligations under section 1 of the FOIA (right to access information). The Trust did, however, take longer than 20 working days to disclose this information and has therefore breached section 10 (time for compliance). The Commissioner does not require the Trust to take any further steps.
FOI 1: Not upheld FOI 10: Upheld

Citations:

[2015] UKICO FS50570013

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.555393

Home Office (Decision Notice): ICO 3 Sep 2012

The complainant has requested information about border controls in Northern Ireland. The Information Commissioner’s decision is that UK Border Agency (UKBA) has applied section 31(1)(e) appropriately, but it breached some of its procedural obligations.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 31 – Complaint Not upheld

Citations:

[2012] UKICO FS50434234

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.529830

North Yorkshire Police (Decision Notice): ICO 10 Sep 2012

The complainant has requested information about revenue received by the public authority from what she termed ‘all sources’. The public authority found the request to be vexatious. The Information Commissioner has considered the request and has not found it to be ‘vexatious’. He therefore requires the public authority comply with section 1(1) of the FOIA or issue a valid refusal notice complying with section 17(1).
Section of Act/EIR and Finding: FOI 14 – Complaint Upheld

Citations:

[2012] UKICO FS50448626

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.529850

Derby City Council (Decision Notice): ICO 29 Aug 2012

The complainant requested any business plans and financial forecasts related to a proposed multi-use arena, velodrome and aquatics centre development. Derby City Council (DCC) identified the information as environmental and refused to provide it relying on regulation 12(4)(d) – information still in the course of completion. The Commissioner’s decision is that DCC correctly identified the requested information as environmental and was correct to apply regulation 12(4)(d) concerning information still in the course of completion when refusing to comply with the request. The Commissioner does not require DCC to take any remedial steps to ensure compliance with the legislation.
Section of Act/EIR and Finding: EIR 12.4.d – Complaint Not upheld

Citations:

[2012] UKICO FER0440226

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.529725

Plymouth Teaching Primary Care Trust (Decision Notice): ICO 4 Sep 2012

The complainant has requested information relating to the provision of augmentative and alternative communication devices by the Plymouth Teaching Primary Care Trust (the ‘PCT’). The Commissioner’s decision is that, on the balance of probabilities, no recorded information is held by the PCT. The Commissioner requires no further steps to be taken.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

Citations:

[2012] UKICO FS50450336

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.529856

Shephard v Information Commissioner (The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009): FTTGRC 2 Dec 2010

Appeal out of time – application for permission to appeal against a decision of the First Tier Tribunal (Information Rights)

Citations:

[2010] UKFTT EA – 2010 – 0094 (GRC

Links:

Bailii

Statutes:

The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009

Information

Updated: 01 September 2022; Ref: scu.428854

Ilona Meryl Long v Information Commissioner: FTTGRC 14 Oct 2010

The claimant had requested all documentation relating to the treatment of her deceased husband by the respondent. The respondent had refused the request as vexatious, saying that it had already disclosed such material.
Held: Her appeal disclosed no error of law and failed.

Citations:

[2010] UKFTT EA – 2010 – 0156 (GRC

Links:

Bailii

Statutes:

Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009, Freedom of Information Act 2000 14

Information

Updated: 01 September 2022; Ref: scu.428836

Home Office v Information Commissioner: FTTGRC 20 Aug 2010

Right to rely before the Tribunal on exemptions not specified in the Notice of Refusal nor considered in the Information Commissioner’s Decision Notice. Sections 2(2), 17 and 58 of FOIA.
Application of section 40 of FOIA to names of civil servants by and to whom submissions to ministers are sent.
Whether legal professional privilege (s.42) applies to material derived from legal advice and, if it does, whether the public interest favours disclosure.
Ministerial communications: s.35(1)(b) and the convention of collective responsibility

Citations:

[2010] UKFTT 302 (GRC)

Links:

Bailii

Statutes:

Freedom of Information Act 2000

Information

Updated: 01 September 2022; Ref: scu.428811

Arnold Martyres v Information Commissioner (Environmental Information Regulations 2004): FTTGRC 6 Jul 2010

Eonmental Information Regulations 2004 – Information Not held r.3 and r.12 – Format and means of Communication r.6 – Advice and Assistance r. 91 EA/2009/0101 – The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 – Overriding objective and Parties’ obligation to co-operate with the Tribunal r.2 – Disclosure Evidence and Submissions r.15

Citations:

[2010] UKFTT EA – 2009 – 0101 (GRC

Links:

Bailii

Statutes:

Environmental Information Regulations 2004

Information, Environment

Updated: 01 September 2022; Ref: scu.428805

Bristol City Council v Ic (Environmental Information Regulations 2004): FTTGRC 24 May 2010

Environmental Information Regulations 2004 – Public interest test, Reg 12(1)(b) – Presumption in favour of disclosure, Reg 12(2) – Exceptions, Regs 12(4) and (5) – Confidential information (5)(e)

Citations:

[2010] UKFTT EA – 2010 – 0012 (GRC

Links:

Bailii

Statutes:

Environmental Information Regulations 2004

Environment, Information

Updated: 01 September 2022; Ref: scu.428789

Elmbridge Borough Council v Information Commissioner and Gladedale Group Ltd (Environmental Information Regulations 2004) (Rev 1): FTTGRC 4 Jan 2011

FTTGRC Exceptions, Reg 12(5)(e) – Confidential information; Reg 12(5)(f) – Interests of an individual.

Citations:

[2011] UKFTT 2010 – 0106 (GRC)

Links:

Bailii

Statutes:

Environmental Information Regulations 2004

Environment, Information

Updated: 01 September 2022; Ref: scu.428730

British Broadcasting Corporation v Information Commissioner (Freedom of Information Act 2000): FTTGRC 8 Feb 2010

FTTGRC Freedom of Information Act 2000 – Authorities to which Act has limited application – whether information held for purposes other than those of journalism, art or literature – FOIA s 7(1) – FOIA Sch 1 Pt VI.

Citations:

[2010] UKIT 2009 – 0015, [2010] UKFTT EA – 2009 – 0015 (GRC

Links:

Bailii

Statutes:

Freedom of Information Act 2000

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.428769

Sheffield City Council (Local Government): ICO 20 Jan 2021

The complainant has requested from Sheffield City Council (SCC) information, in general terms, about the medical qualifications of staff working in its Adult Social Care Commissioning Team (ASCCT). SCC refused to comply with the request on the grounds that it engaged sections 14(1) (Vexatious requests) and 14(2) (Repeated requests) of the FOIA. The Commissioner’s decision is that SCC was not entitled to rely on sections 14(1) or 14(2) of the FOIA to refuse the request. The Commissioner requires SCC to issue a fresh response to the request that does not rely on sections 14(1) or 14(2) of the FOIA.
FOI 14: Complaint upheld

Citations:

[2021] UKICO IC-44291

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.658014

Wrexham County Borough Council (Local Government): ICO 1 Oct 2019

The complainant requested various information in respect the Welsh Government’s TrawsCyrmru bus network including a feasibility study into the introduction of a possible new TrawsCymru bus route in North Wales during the period 2016 to 2018. Wrexham County Borough Council initially refused to confirm or deny whether it held information in respect of item 12 but did not cite an exemption. Following the intervention of the Commissioner, the Council confirmed that it was relying on section 43(2) to refuse the information in respect to item 12 and the complainant’s follow on questions to item 11. The Commissioner’s decision is that Wrexham County Borough Council has complied with its obligations in respect of section 1(1) of the FOIA in respect of item 11 of the original request but has breached section 1(1) in respect of the subsequent follow on questions. The Commissioner has also concluded that the Council was not entitled to rely on section 43(2) to refuse information in respect of item 12 and the complainant’s follow on questions to item 11.
FOI 43: Complaint upheld FOI 1: Complaint upheld

Citations:

[2019] UKICO fer0762130

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 September 2022; Ref: scu.643531

Taunton Deane Borough Council (Local Government (Borough Council)): ICO 18 May 2015

The complainant submitted a number of requests to Taunton Deane Borough Council (the Council) relating to a grave as well as the Council’s Senior Bereavement Manager. The Council disclosed some information but withheld some under exemptions in the Freedom of Information Act 2000 (the Act): section 40(2) – third party personal data, and section 42(1) – legal professional privilege. The Commissioner’s decision is that Council has correctly withheld information under sections 40(2) and 42(1). No steps are required.
FOI 40: Not upheld FOI 42: Not upheld

Citations:

[2015] UKICO FS50554597

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 August 2022; Ref: scu.555426

Cabinet Office (Central Government) FS50559592: ICO 22 Apr 2015

The complainant has requested Cabinet papers on the subject of the funeral of Diana, Princess of Wales. The Cabinet Office relied on section 35(3) as a basis for refusing to confirm or deny whether it held the requested information. It upheld this at internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 35(3) as a basis for refusing to confirm or deny whether it holds the requested information. No steps are required.
FOI 35: Not upheld

Citations:

[2015] UKICO FS50559592

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 August 2022; Ref: scu.555278

Corelli College (Education (College)): ICO 26 Aug 2015

The complainant has requested information from Corelli College (‘the College’) about Wi-Fi provision. The Commissioner’s decision is that the College has correctly applied section 14(1) of the FOIA to the request. The Commissioner requires the College to take no steps.
FOI 14: Not upheld

Citations:

[2015] UKICO FS50582149

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 August 2022; Ref: scu.555702

Charity Commission (Decision Notice): ICO 2 Aug 2012

The complainant requested information from the Charity Commission relating to a complaint it had received about the administration of a charitable trust. The Commissioner’s decision is that the Charity Commission was entitled to rely on section 41 of the FOIA (confidential information) to withhold the disputed information. The Commissioner does not require the Charity Commission to take any steps as a result of this decision. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR and Finding: FOI 41 – Complaint Not upheld

Citations:

[2012] UKICO FS50446593

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 August 2022; Ref: scu.529705