Category: Information

Ministry of Justice (Central Government) FS50711918: ICO 18 Jan 2018

The complainant requested information about a specified court case. The Ministry of Justice (the ‘MOJ’) refused to confirm or deny whether it held the requested information by virtue of sections 40(5) personal information and 32(3) court records of the FOIA. The Commissioner’s decision is that MOJ has applied section 40(5)(a) of the FOIA appropriately. She does not require the MOJ to take any further steps as a result of this decision.
FOI 40: Complaint not upheld

Citations:

[2018] UKICO FS50711918

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617402

Ministry of Justice (Central Government) FS50692689: ICO 15 Jan 2018

The complainant submitted an information request to the Judicial Conduct Investigation Office (JCIO), which operates within the Ministry of Justice (MoJ), asking whether they had received complaints against a named District Judge, the nature of those complaints (if any) and whether the complaints received (if any) were upheld. The MoJ refused to confirm or deny whether the information was held citing sections 40(5) (personal information) and 44 (2) prohibitions on disclosure) of FOIA. The Commissioner has investigated the MOJ’s application of section 44(2). Her decision is that the MoJ has correctly applied that exemption on the basis that the confirmation or denial was prohibited by section 139 of the Constitutional Reform Act 2005 (CRA). The Commissioner finds, however, that in failing to respond to the complainant’s request within the statutory timescale the MoJ breached section 10(1) of FOIA. She requires no steps to be taken.
FOI 10: Complaint upheld FOI 44: Complaint not upheld

Citations:

[2018] UKICO FS50692689

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617396

Ministry of Justice (Central Government) FS50707816: ICO 18 Jan 2018

The complainant has requested, from the Ministry of Justice, information on people recalled to HMP Hull for breaking their licences. The Commissioner’s decision is that the Ministry of Justice has breached Sections 1 and 10 of the FOIA in that it failed to provide a valid response to the request within 20 working days of receipt. The Commissioner requires the Ministry of Justice to take the following steps to ensure compliance with the legislation. Respond to the complainant’s refined request dated 20 September 2017 in accordance with the FOIA.
FOI 10: Complaint upheld FOI 1: Complaint upheld

Citations:

[2018] UKICO FS50707816

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617401

Cabinet Office (Central Government) FS50689216: ICO 30 Jan 2018

The complainant submitted a request to the Cabinet Office for information on honours nominations concerning David Beckham. The Cabinet Office confirmed that it held information falling within the first part of the request but sought to withhold this on the basis of section 37(1)(b) (honours) and section 40(2) (personal data) of FOIA. In relation to the second and third parts of the request the Cabinet Office refused to confirm or deny whether it held information on the basis of section 37(2) of FOIA. The Commissioner has concluded that the Cabinet Office can rely on section 37(1)(a) and section 37(2) in the manner in which it has.
FOI 37: Complaint not upheld

Citations:

[2018] UKICO FS50689216

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 22 April 2022; Ref: scu.617335

BBC (Other): ICO 22 Jan 2018

The complainant has requested information relating to how many allegations have been made against BBC employees or contributors which contain an element of sexual harassment and/or inappropriate sexual behaviour. The BBC has failed to respond to this request. The Commissioner considers that the BBC breached section 10(1) FOIA in the handling of this request. 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 FS50714742

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 22 April 2022; Ref: scu.617332

Cabinet Office (Central Government) FS50699263: ICO 23 Jan 2018

The complainant made a request to the Cabinet Office for a copy of a ‘DPA Breach Notification Form’ it submitted to the Information Commissioner’s Office (ICO). The Cabinet Office refused the request under section 31(1)(g) of the Freedom of Information Act 2000 (the Act) and that the balance of the public interest favoured maintaining the exemption. The Commissioner’s decision is that the Cabinet Office is entitled to refuse the request under section 31(1)(g) of the Act. No steps are required.
FOI 31: Complaint not upheld

Citations:

[2018] UKICO FS50699263

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 22 April 2022; Ref: scu.617338

BBC (Other): ICO 30 Jan 2018

The complainant requested information on the agreement with the European Union on funding. The BBC confirmed that they did not hold the information. The complainant considered that more information must be held. 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: Complaint not upheld

Citations:

[2018] UKICO FS50713696

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 22 April 2022; Ref: scu.617331

Cabinet Office (Central Government) FS50694170: ICO 23 Jan 2018

The complainant submitted a request to the Cabinet Office for a copy of a closed file, PREM 19/1828, which concerned UK relations with Libya following the shooting of WPC Yvonne Fletcher outside the Libyan People’s Bureau in 12 April 1984. The Cabinet Office sought to withhold this information on the basis of the exemptions contained at sections 26(1) (defence), 27(1) and 27(2) (international relations), 41(1) (information provided in confidence), 38(1)(b) (health and safety) and 40(2) (personal data) of FOIA. The Cabinet Office also sought to rely on sections 23(5) (security bodies) and section 24(2) (national security) to refuse to confirm or deny whether it holds any further information. The Commissioner is satisfied that the withheld information is exempt from disclosure on the basis of sections 27(1)(a), (c) and (d). However, she has also concluded that sections 23(5) and 24(2) cannot be relied on in this case.
FOI 27: Complaint not upheld FOI 24: Complaint upheld FOI 23: Complaint upheld

Citations:

[2018] UKICO FS50694170

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 22 April 2022; Ref: scu.617337