Category: Information

Health and Social Care Board (Decision Notice): ICO 28 Sep 2011

The complainant requested information regarding the number of people from Northern Ireland who received treatment at a specified London clinic in 2010. The Health and Social Care Board (‘HSCB’) refused to disclose the requested information as it stated that it was exempt under section 41(1) of the Act (information provided in confidence). The Commissioner finds that the exemption at section 41(1) is engaged in relation to the requested information. The Commissioner also finds that the HSCB breached section 17(1) of the Act in its handling of the request. The Commissioner requires no steps to be taken. Information Tribunal appeal EA/2011/0243 allowed.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 41 – Complaint Not upheld

Citations:

[2011] UKICO FS50367720

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.530849

Staffordshire Police (Decision Notice): ICO 13 Jun 2011

The complainant requested information regarding guidance or instructions sent to or given out by Staffordshire Police (the Police) in respect of ticket touting at various events. The Police stated that this was information not held by it, following section 1(1)(a) of the Act. The Commissioner accepts that the Police performed appropriate searches to determine if it held relevant information. The Commissioner has decided that, on the balance of probabilities, the Police do not hold any relevant information and were correct to state this in its refusal notice.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

Citations:

[2011] UKICO FS50349797

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.530616

Imperial College Healthcare NHS Trust (Decision Notice): ICO 22 Mar 2011

The complainant made 26 sets of requests for information under the Freedom of Information Act 2000 concerning the treatment of her late mother. The public authority replied to some of the requests, but believed sections 14(1) [vexatious requests] and 14(2) [repeated requests] applied to most of them and so it did not answer them. The Commissioner considered this case carefully and decided that: (1) some of the requests were for information that if held would constitute the complainant’s own personal data and therefore this information is exempt under section 40(1) of the Act; (2) with regard to requests one to six some information was provided, some was not held and other information was exempt by virtue of sections 40(2), 40(5)(b)(i) and 21(1); and (3) the last 19 sets of requests (those dated 9 December 2009 onwards) were vexatious. The Commissioner has also found a number of procedural breaches, but requires no remedial steps to be taken in this case for the reasons outlined in this Notice. Information Tribunal appeal number EA/2011/0108 part allowed.

Citations:

[2011] UKICO FS50276199

Links:

Bailii

Statutes:

Freedom of Information Act 2000 14

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.530342

Stevenage Borough Council (Decision Notice): ICO 7 Apr 2008

ICO The complainant made a series of requests concerning the sale of Stevenage Borough Council’s (‘the Council’) freehold interest in an area of land and the granting of planning permission for the site. The Council refused the requests on the basis that either the exclusion under section 14 of the Freedom of Information Act 2000 (‘the Act’) applied or, if the information could be deemed to be environmental, the exception under section 12(4)(b) applied under the Environmental Information Regulations 2004 (‘the EIR’). The Information Commissioner (‘the Commissioner’) investigated and was satisfied that the Council was able to demonstrate that the requests had been correctly refused under 12(4)(b) of the EIR. The Commissioner also considered that the public interest in maintaining the exception in this case outweighed the public interest in disclosing the information. Information Tribunal appeal number EA/2008/0046 has been dismissed.
EIR 11: Upheld

Citations:

[2008] UKICO FER0169710

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.532613

Port of London Authority (Decision Notice): ICO 2 Oct 2006

ICO The complainant made a request under the Environmental Information Regulations 2004 to the Port of London Authority for information regarding the reconstruction and development works carried out to Temple Pier between 1 January 1988 and 1 January 1991. The PLA stated that it was not subject to the EIR but supplied some information to the complainant. The complainant was not satisfied with the information supplied because the PLA did not supply key information in the form of licenses. This Decision Notice requires the PLA to either provide the complainant with the information requested or issue a refusal notice, specifying which exception(s) it believes to be applicable. The Information Tribunal has ruled on this decision and has dismissed the appeal.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld

Citations:

[2006] UKICO FER0086096

Links:

Bailii

Statutes:

Environmental Information Regulations 2004

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.533591

Suffolk County Council (Decision Notice): ICO 29 Jun 2011

ICO The complainant made a request under the Freedom of Information Act 2000 to Suffolk County Council for a copy of the Combined Aerial Rescue Pump Report. The council refused to disclose this information and applied section 40(2), section 41 and section 43(2). During the course of the Commissioner’s investigation the council withdrew its application of section 41 and section 43(2), it also applied section 36(2)(b)(i) and (ii) and section 36(2)(c). The Commissioner considers that section 36(2)(b)(i) was correctly applied in this case however the public interest arguments in favour of disclosure outweigh the public interest arguments in favour of maintaining the exemption and therefore the information should be disclosed. The Commissioner considers that section 36(2)(b)(ii) and section 36(2)(c) were incorrectly applied in this case. The Commissioner does however consider that section 40(2) was correctly applied to some parts of the information and therefore this information should be withheld.
Section of Act/EIR and Finding: FOI 36 – Complaint Upheld, FOI 40 – Complaint Not upheld

Citations:

[2011] UKICO FS50317447

Links:

Bailii

Statutes:

Freedom of Information Act 2000

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.530620

Harrow Council (Decision Notice): ICO 20 Jun 2005

ICO The complainant requested information relating to a race grievance case. The Council failed to respond correctly in that it neither provided the information nor issued a Refusal Notice, even when prompted by this office. The Decision Notice identified the breach and required the Council to deal with the request.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld

Citations:

[2005] UKICO FS50072717

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.533221

Treasury Solicitors (Decision Notice): ICO 23 Oct 2006

ICO The complainant is the subject of a civil proceedings order issued under section 42 of the Supreme Court Act 1981. The Complainant wrote to the Attorney General’s Office to request information related to the making of this order. The request was transferred to the Treasury Solicitors who refused the request on the grounds that the request could be characterised as vexatious within the meaning of section 14(1) of the Act. The Commissioner has investigated the complaint and has decided that the request was vexatious and that the Treasury Solicitors dealt with the request in accordance with the Act.
Section of Act/EIR and Finding: FOI 14 – Complaint Not upheld

Citations:

[2006] UKICO FS50105213

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.533593

National Measurement Office (Decision Notice): ICO 31 Jul 2012

The complainant has requested information on electricity meters and certification periods from the National Measurement Office. The NMO explained that to comply with the request would exceed the pounds 600 cost limit and therefore the appropriate cost limit (section 12) of the FOIA applied. The Commissioner’s decision is that the NMO has correctly applied section 12 in this case. Information Tribunal appeal EA/2012/0187 struck out.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld

Citations:

[2012] UKICO FS50446424

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.529645

Northern Ireland Water (Decision Notice): ICO 30 Jun 2010

ICO On 23 October 2007 the complainant made a request for information relating to a contract between Northern Ireland Water and Dalriada Water Ltd concerning the upgrade of existing water treatment facilities in Northern Ireland. Northern Ireland Water initially refused the request before providing a redacted version of the contract to the complainant. The complainant disputed the application of exemptions to the withheld information and the handling of his request. Following the Commissioner’s intervention, Northern Ireland Water accepted the Commissioner’s view that the information was environmental but maintained the view that the information originally withheld under the Act was also exempt under the EIR, relying on the exceptions at regulations 12(5)(a), 12(5)(e) and 13. The Commissioner’s decision is that Northern Ireland Water correctly withheld a small portion of the withheld information from the complainant but the remainder is not exempt and should be disclosed. The Commissioner also found a number of procedural breaches in relation to the handling of the request.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 11 – Complaint Upheld, EIR 12.5.e – Complaint Partly Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld

Citations:

[2010] UKICO FS50201639

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.531524

Bexley London Borough Council (Decision Notice): ICO 25 Jul 2006

ICO The complainant requested addresses of empty properties in the Borough, the reasons the properties are empty, and information about ownership. The Council released some statistical information in respect of the total number of empty properties in the borough and the reasons the properties are empty, but withheld the remainder of the information under section 31 of the Act on the basis that its release would prejudice the prevention of crime. The Commissioner found that the exemption under section 31 had been incorrectly applied to the addresses of empty properties in the borough. However, the Commissioner also found that information in relation to ownership is exempt from disclosure under section 21 of the Act because it is reasonably accessible to the complainant by other means. The Information Tribunal has ruled on this decision and has upheld this appeal.
Section of Act/EIR and Finding: FOI 21 – Complaint Upheld, FOI 31 – Complaint Upheld

Citations:

[2006] UKICO FS50072190

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.533480

Ofcom (Decision Notice): ICO 21 Jun 2010

ICO On 2 March 2009 the complainant submitted a Freedom of Information request to Ofcom regarding the number of complaints which Ofcom had received where the initial verdict had been overturned. Initially, Ofcom refused this request in general terms but then revised its approach and in its subsequent refusal relied upon cost considerations and applied section 12 of the Freedom of Information Act 2000. The Commissioner finds that section 12(1) has been correctly applied. He has also recorded a number of procedural breaches. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld, FOI 17 – Complaint Upheld

Citations:

[2010] UKICO FS50286013

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.531526

City and County of Swansea (Decision Notice): ICO 27 Apr 2006

ICO The complainant requested two reports compiled by the Royal Society for the Prevention of Accidents into public safety at Swansea Marina. The Council confirmed that one such report was held but was exempt from disclosure under the exemptions at sections 31(1)(c) (prejudice to the administration of justice) and evidence submitted to a Coroner’s inquest its release at the same time of the request would be likely to prejudice that inquest, but the report would subsequently be released. The Council acknowledged a public interest in disclosure, but concluded that the public interest in allowing the inquest to proceed without prejudice outweighed that in favour of disclosure. The Commissioner’s decision is that, at the time that the request was made, the Council applied the Act correctly in withholding the report by virtue of the exemption at section 31 of the Act.
Section of Act/EIR and Finding: FOI 31 – Complaint Not upheld

Citations:

[2006] UKICO FS50082845

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.533398

Gwent Police (Decision Notice): ICO 16 Jul 2012

ICO The complainant requested inforation about white collar crime. Gwent Police refused the request under section 12 of the FOIA. The complainant refined her request to statistics that Gwent Police provide to the Home Office about the types of crime. The complainant has not received a substantive response to this refined request. The Commissioner’s decision is that Gwent Police failed to respond to the request and therefore breached its obligations under section 10 of the FOIA. The Commissioner requires the public authority to state what information it holds within the scope of the complainant’s request; and communicate the information it holds to the complainant and/or issue a refusal notice in respect of all or the parts of the information it intends to withhold in accordance with section 17 of the FOIA. Information Tribunal appeal number EA/2012/0173 withdrawn.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld

Citations:

[2012] UKICO FS50447841

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.529628

South Yorkshire Police (Decision Notice): ICO 23 Oct 2006

ICO The complainant requested information about which safety camera was responsible for the highest number of prosecutions. The public authority withheld this information under section 31 of the Act. After consideration of whether this exemption was applied correctly, including consideration of the public interest, the Commissioner has upheld the decision of the public authority to withhold this information. This decision is currently under appeal to the Information Tribunal.
Section of Act/EIR and Finding: FOI 30 – Complaint Not upheld

Citations:

[2006] UKICO FS50086169

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.533592

Home Office (Decision Notice): ICO 4 Jan 2012

ICO The complainant requested legal advice provided in connection with a Flexible Working Policy. The Commissioner’s decision is that the public authority was correct to withhold the information within the scope of the request on the basis of the exemption at section 42(1) of the Freedom of Information Act (the Act). The Commissioner does not require the public authority to take any steps.
Section of Act/EIR and Finding: FOI 42 – Complaint Not upheld

Citations:

[2012] UKICO FS50411701

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.529081

Foreign and Commonwealth Office (Decision Notice): ICO 30 Jul 2012

The complainant has requested information which refers to the trial of Vojislav Seselj at the International Criminal Tribunal for the former Yugoslavia. The Foreign and Commonwealth Office provided some information but refused to provide the remainder citing provisions of section 27 (International Relations) and section 35 (Formulation/Development of Government policy) as its basis for refusal. The Commissioner’s decision is that FCO is entitled to withhold the majority of the information under 3 provisions of section 27. However, it should disclose a small amount of personal data that it previously withheld. In failing to provide this personal data, it contravened the requirements of section 1 and 10 of the Act. It also contravened the requirements of section 17 when it took an unreasonable amount of time to conduct a balance of public interest test. The Commissioner requires the public authority to disclose the names listed in a Confidential Annex to this Notice by reinstating them into the documents it has already disclosed and then supplying those documents to the complainant. It is entitled to withhold the remainder of the information in those documents which has not already been disclosed.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 27 – Complaint Not upheld

Citations:

[2012] UKICO FS50438723

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.529627

Monitor (Decision Notice): ICO 23 Sep 2013

ICO The complainant has requested information relating to reports held by Monitor. Monitor has disclosed some of the requested information, however it refused to disclose the remainder, citing sections 31, 33, 40 and 41 of FOIA as a basis for non-disclosure. The Commissioner’s decision is that section 31(1)(g) by virtue of section 31(2)(c) of FOIA is engaged in relation to the entirety of the withheld information and that the public interest in all the circumstances of the cases favours maintaining the exemption. Therefore the Commissioner requires no steps to be taken.
Section of Act/EIR and Finding: FOI 31 – Complaint Not upheld

Citations:

[2013] UKICO FS50496598

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.528689

East Devon District Council (Decision Notice): ICO 23 May 2013

ICO The complainant has requested all communications since 1 January 2012 between East Devon County Council and Devon County Council officers or members in relation to parking restrictions and/ or parking enforcement. The Commissioner’s decision is that East Devon District Council (council) has breached section 10 of the FOIA in not responding to the request in the 20 working day timeframe. As the council has now responded to the request, the Commissioner does not require any steps to be taken.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

Citations:

[2013] UKICO FS50482158

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 03 June 2022; Ref: scu.528265

Department of Energy and Climate Change (Decision Notice): ICO 26 Jun 2013

The complainant requested information relating to proposals for an expansion of Lydd Airport and its relationship to the Dungeness Nuclear Power Station. The Department of Energy and Climate Change (‘DECC’) initially refused the request under the FOIA. After reviewing the details of the case and the content of the withheld information the Commissioner advised that the withheld information falls within the scope of the EIRs. DECC continued to refute this, however the Commissioner maintains that the withheld information constitutes environmental information, and has assessed this case under the EIRs. DECC refused to disclose the requested information and cited the exception provided by regulation 12(4)(e) (internal communications) and 12(4)(d) (material still in the course of completion). The Commissioner’s decision is as follows: Regulation 12(4)(d) is not engaged; Regulation 12(4)(e) is engaged for some of the withheld information, but the public interest in disclosure of the information outweighs the public interest in maintaining the exception. The Commissioner requires the public authority to redact the personal data of the requester from the withheld information and to disclose the information withheld under regulations 12(4)(d) and 12(4)(e).
Section of Act/EIR and Finding: EIR 12.4.d – Complaint Upheld, EIR 12.4.e – Complaint Partly Upheld

Citations:

[2013] UKICO FS50478517

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 02 June 2022; Ref: scu.528343

Department of Energy and Climate Change (Decision Notice): ICO 11 Mar 2013

The complainant has requested information about the Mineworker’s Pension Scheme, specifically the minutes of meetings in the period 1990-1992 during which the division of scheme surpluses was discussed. The Commissioner’s decision is that the Department for Energy and Climate Change (‘DECC’) has correctly applied section 12 of the Freedom of Information Act (the ‘FOIA’) to this request. Therefore he does not require any steps to be taken. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld

Citations:

[2013] UKICO FS50457752

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 02 June 2022; Ref: scu.528064