Category: Information

BBC (Other): ICO 25 Apr 2018

The complainant has requested information relating to the amounts of payments through personal companies. The BBC failed to respond to this request for information and the Commissioner’s decision is that in doing so the BBC breached section 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires the public authority to provide the complainant with a response to this request in accordance with its obligations under FOIA.
FOI 10: Complaint upheld

Citations:

[2018] UKICO fs50730571

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617701

Cabinet Office (Central Government) FS50719572: ICO 10 Apr 2018

The complainant submitted a request to the Cabinet Office seeking information about the decision to award Kevin Spacey any honours. The Cabinet Office confirmed it held information falling within the scope of the request but it withheld this on the basis of section 37(1)(b) (the conferring by the Crown of any honour or dignity) and section 40(2) (personal data) of FOIA. The Commissioner has concluded that that the withheld information is exempt from disclosure on the basis of section 37(1)(b) of FOIA and that in all the circumstances of the case the public interest favours maintaining the exemption.
FOI 37: Complaint not upheld

Citations:

[2018] UKICO FS50719572

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617710

Cabinet Office (Central Government): ICO 23 Apr 2018

The complainant has requested information on information relating to Cabinet discussions concerning the European Union (‘EU’) referendum in the period immediately before and after the referendum. The Commissioner’s decision is that the Cabinet Office has appropriately relied on section 35(3) for section 35(1)(a) and (b) (Formulation of government policy etc.) to refuse the request. The Commissioner does not require the public authority to take the any steps to ensure compliance with the legislation.
FOI 35: Complaint not upheld

Citations:

[2018] UKICO FS50700012

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617709

Cabinet Office (Central Government): ICO 27 Apr 2018

The complainant has requested a copy of the 1992 Precedent Book. The Commissioner’s decision is that the Cabinet Office failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act. As the requested information has now been supplied, the Commissioner does not require the Cabinet Office to take any further steps.
FOI 10: Complaint upheld

Citations:

[2018] UKICO fs50720639

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617711

Cabinet Office (Central Government): ICO 24 Apr 2018

The complainant submitted a request to the Cabinet Office asking for information about the meeting which took place on 21 July 2005 between Tony Blair and Sir Ian Blair, the then Commissioner of the Metropolitan Police. The Cabinet Office initially responded by explaining that although it held information confirming that this meeting took place, it did not hold any further information falling within the scope of the request. It subsequently amended this position and explained that it did hold further information falling within the scope of this request but it considered this to be exempt from disclosure on the basis of section 23(1) (security bodies), 24(1) (national security), 31 (law enforcement), 38 (health and safety) and 40 (personal data) of FOIA. The Commissioner has concluded that the withheld information is exempt from disclosure on the basis of section 23(1) or section 24(1) of FOIA.
FOI 24: Complaint not upheld FOI 23: Complaint not upheld

Citations:

[2018] UKICO FS50697913

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617708

Warwickshire County Council (Local Government): ICO 15 Mar 2018

The complainant requested information with regards to an application to register a piece of land as a new town or village green. Warwickshire County Council (the council) provided the information it held but redacted one email relying on 12(5)(b) of the EIR as it considered that the information was subject to a claim of legal professional privilege (LPP). The Commissioner’s decision is that the council is able to rely on regulation 12(5)(b) of the EIR to redact the email. The Commissioner does not require the council to take any steps.
EIR 12(5)(b): Complaint not upheld

Citations:

[2018] UKICO FS50699538

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617689

Southend-On-Sea Borough Council (Local Government): ICO 20 Mar 2018

The complainant has requested information relating to planning applications and enforcement notice appeals received by Southend-on-Sea Borough Council (‘the council’). The council responded providing some of the information and stated that the remainder was not held. The complainant subsequently requested an internal review. The Commissioner’s decision is that the council has failed to respond to the complainant’s request for an internal review and it has therefore breached regulation 11 of the EIR. The Commissioner requires the council to respond to the representations made by the complainant on 2 November 2017.
EIR 11: Complaint upheld

Citations:

[2018] UKICO fs50716006

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617677

Southend-On-Sea Borough Council (Local Government): ICO 26 Mar 2018

The complainant requested information relating to a published report on primary school catchment areas, following consultation by questionnaire. Southend-on-Sea Borough Council (the ‘Council’) responded, providing some of the requested information, but refused to provide the remainder as it said it would need to create information in order to do so. Having considered the information available the Commissioner is satisfied that the information requested by the complainant in part 2 of the request is not held by the Council and FOIA places no obligation on it to create new information in response to the request. In relation to part 3 of the request, the Commissioner finds, that on the balance of probabilities, the Council does not hold any further information beyond that already provided to the complainant. The Commissioner does not require the Council to take any steps as a result of this notice.
FOI 1: Complaint not upheld

Citations:

[2018] UKICO FS50717715

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617678

Royal Borough of Kensington and Chelsea (Local Government): ICO 2 Mar 2018

The complainant has requested information in relation to Grenfell Tower and other Kensington and Chelsea Tenant Management Organisation (‘KCTMO’) properties, including invoices for refurbishment, correspondence with contractors and oversight protocols. The Commissioner’s decision is that the Royal Borough of Kensington and Chelsea has failed to issue a substantive response within 20 working days and therefore breached Section 10 of the Freedom of Information Act and, to the extent that the requested information is environmental, Regulation 5(2) of the Environmental Information Regulations. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Respond to the request, by providing a substantive response in accordance with the Act and, or to the extent that the requested information is environmental, provide a substantive response in accordance with the Regulations.
FOI 10: Complaint upheld EIR 5(2): Complaint upheld

Citations:

[2018] UKICO FS50726037

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617670

Ministry of Justice (Central Government): ICO 20 Mar 2018

The complainant requested a report relating to unrepresented defendants in Crown Court cases. The Ministry of Justice (MoJ) refused to disclose the report under 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 engaged, but that the public interest did not favour maintaining the exemption. The MoJ is now required to disclose the withheld report.
FOI 35: Complaint upheld

Citations:

[2018] UKICO FS50694870

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617639

Ministry of Justice (Central Government) FS50704776: ICO 20 Mar 2018

The complainant requested a report relating to unrepresented defendants in Crown court cases. The Ministry of Justice (MoJ) refused to disclose the report under 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 engaged, but that the public interest did not favour maintaining the exemption. The MoJ is now required to disclose the withheld report.
FOI 35: Complaint upheld

Citations:

[2018] UKICO FS50704776

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617641

Ministry of Justice (Central Government) FS50722842: ICO 28 Mar 2018

The complainant has requested various statistical information regarding pregnant prisoners. The Commissioner’s decision is that the Ministry of Justice (‘the MOJ’) has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the public authority to respond to the complainant’s request in accordance with the FOIA.
FOI 10: Complaint upheld

Citations:

[2018] UKICO FS50722842

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617642

Ministry of Justice (Central Government) FS50658947: ICO 28 Mar 2018

The complainant requested information in relation to the number, nature, and effects of cyber-attacks on The Ministry of Justice (MoJ). The department neither confirmed nor denied whether it held information within scope of the request, relying on the exclusion at section 31(3) FOIA. The Commissioner has concluded that MoJ was not entitled to neither confirm nor deny whether it held information within scope of the first part of the request, but was entitled to neither confirm nor deny whether it held information within the scope of the second part of the request.
FOI 31: Complaint partly upheld

Citations:

[2018] UKICO FS50658947

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617634

Ministry of Justice (Central Government) FS50678953: ICO 20 Mar 2018

The complainant requested information relating to the future Coronation of the Prince of Wales as King. The Ministry of Justice (MoJ) refused to confirm or deny whether information relevant to the request was held. It cited section 37(2) of the FOIA on the basis that, if any information was held, it would relate to communications with the Sovereign or with the heir to the Throne as per sections 37(1)(a) and 37(1)(aa) of the FOIA respectively. The Commissioner has investigated the MoJ’s application of exemptions to information within the scope of parts (2) and (3) of the request. The Commissioner’s decision is that the MoJ was entitled to neither confirm nor deny whether relevant information was held under section 37(2). She also found that the MoJ breached section 17(1) of the FOIA as it did not issue its refusal notice to the complainant within 20 working days following receipt of the request. The Commissioner requires no steps to be taken as a result of this decision.
FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 37: Complaint not upheld

Citations:

[2018] UKICO FS50678953

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617635

Ministry of Justice (Central Government) FS50684961: ICO 20 Mar 2018

The complainant requested a report relating to unrepresented defendants in Crown Court cases. The Ministry of Justice (MoJ) refused to disclose the report under 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 engaged, but that the public interest did not favour maintaining the exemption. The MoJ is now required to disclose the withheld report.
FOI 35: Complaint upheld

Citations:

[2018] UKICO FS50684961

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617636

Ministry of Justice (Central Government) FS50689307: ICO 20 Mar 2018

The complainant requested a report relating to unrepresented defendants in Crown Court cases. The Ministry of Justice (MoJ) refused to disclose the report under 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 engaged, but that the public interest did not favour maintaining the exemption. The MoJ is now required to disclose the withheld report.
FOI 35: Complaint upheld

Citations:

[2018] UKICO FS50689307

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617638