Category: Information

Parliamentary and Health Service Ombudsman (Education (Other)): ICO 7 Aug 2017

ICO The complainants submitted a request to the Parliamentary and Health Service Ombudsman (PHSO) for details of two clinicians who had reported to the PHSO in connection with its investigation of a complaint about a medical trust. The complainant had previously received a redacted copy of the reports. The PHSO refused the request, citing as its basis for doing so the exemptions provided by sections 44 (statutory prohibitions) and 40(2) (third party personal data) of the FOIA. The Commissioner has determined that section 44 was applied correctly and does not therefore require any steps to be taken in response to this notice.
FOI 10: Upheld FOI 44: Not upheld

Citations:

[2017] UKICO FS50673691

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593997

NHS Commissioning Board (NHS England) (Health (NHS)) FS50692056: ICO 31 Aug 2017

The complainant has requested information relating to payments to locum doctors . NHS England has failed to respond to this request. The Commissioner considers that the NHS England 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: Upheld

Citations:

[2017] UKICO FS50692056

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593991

NHS Commissioning Board (NHS England) (Health (NHS)): ICO 10 Aug 2017

ICO The complainant has requested information about work on updating NHS brand guidelines. NHS England has acknowledged the request but at the date of this notice has not provided a response. The Commissioner’s decision is that NHS England has breached section 10(1) of the FOIA because it has not complied with section 1(1) within 20 working days. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: Provide a response to the complainant’s request of 27 February 2017.
FOI 10: Upheld

Citations:

[2017] UKICO FS50694202

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593992

NHS Commissioning Board (NHS England) (Health (NHS)) FS50691447: ICO 31 Aug 2017

The complainant has requested information relating to the Children’s Epilepsy Surgery Service (CESS) in England . NHS England has failed to respond to this request. The Commissioner considers that the NHS England 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: Upheld

Citations:

[2017] UKICO FS50691447

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593990

NHS Commissioning Board (NHS England) (Health (NHS)) FS50684707: ICO 10 Aug 2017

The complainant has requested staff surveys. NHS England confirmed that it would release the requested information but, at the date of this notice, has not done so. The Commissioner’s decision is that NHS England has breached section 10(1) of the FOIA because it has not communicated the information it holds to the complainant within 20 working days. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: Release to the complainant the information that it holds that the complainant requested on 26 April 2017.
FOI 10: Upheld

Citations:

[2017] UKICO FS50684707

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593988

Greater Manchester Police (Police and Criminal Justice): ICO 22 Aug 2017

The complainant has requested information about the time, costs and staff involved in his dealings with Greater Manchester Police (‘GMP’). GMP refused to comply with the request on the grounds that it was vexatious within the meaning of section 14(1) of the FOIA. The Commissioner’s decision is that GMP was entitled to rely on section 14(1) of the FOIA to refuse to comply with the request.
FOI 14: Not upheld

Citations:

[2017] UKICO FS50672933

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593953

Department for Education (Central Government) FS50645822: ICO 3 Aug 2017

The complainant has requested information on complaints and reports submitted to the Department for Education (‘the DfE’) regarding a specific Prep School and related Senior School. The Commissioner’s decision is that the DfE has appropriately withheld some of the requested information in reliance of sections 31(1), 36(2)(b)(i) and (ii) and (c) and section 40(2). The Commissioner does not require the public authority to take any steps.
FOI 31: Not upheld FOI 36: Not upheld FOI 40: Not upheld

Citations:

[2017] UKICO FS50645822

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593936

Department for Communities and Local Government (Central Government) FS50664037: ICO 1 Aug 2017

ICO The Complainant requested information from the Department for Communities and Local Government (the Department) concerning the decision to cease Cornish Language funding. The Department initially relied on section 36 to withhold the requested information. However, during the course of this investigation, it instead sought to rely on section 35. The Commissioner’s decision is that the Department was entitled to rely on section 35 to withhold the requested information. The Commissioner does not require the Department to take any steps in this case.
FOI 35: Not upheld

Citations:

[2017] UKICO FS50664037

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593935

Department for Education (Central Government) FS50683181: ICO 3 Aug 2017

The complainant has requested information about a decision to publish particular figures. The Department for Education (DfE) has released information within the scope of the request and its position is that its response fully addresses the complainant’s request. The Commissioner’s decision is that DfE has released information that addresses the request; that particular information DfE has withheld does not fall within the scope of the request; and that DfE has complied its obligations under section 1(1) of the FOIA. The Commissioner does not require DfE to take any steps to ensure compliance with the legislation.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50683181

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593937

Department for Communities and Local Government (Central Government) FS50661485: ICO 1 Aug 2017

ICO The Complainant requested information from the Department for Communities and Local Government (the Department) concerning the decision to cease Cornish Language funding. The Department initially relied on section 36 to withhold the requested information. However, during the course of this investigation, it instead sought to rely on section 35. The Commissioner’s decision is that the Department was entitled to rely on section 35 to withhold the requested information. The Commissioner does not require the Department to take any steps in this case. This decision notice is currently under appeal to the Tribunal.
FOI 35: Not upheld

Citations:

[2017] UKICO FS50661485

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593934

Department for Communities and Local Government (Central Government): ICO 22 Aug 2017

The complainant has requested the diary of James Wharton, formerly the Minister for the Northern Powerhouse, for the period 1 January 2016 to 15 April 2016. Additionally, the complainant asked the Department for Communities and Local Government (‘the DCLG’) for information concerning the numbers, dates and locations of any speeches, trips and visits, in London and outside of London, made by Mr Wharton during that same period. The DCLG refused to provide the majority of Mr Wharton’s diary on the grounds that its contents are exempt from disclosure by virtue of sections 35(1)(a), 35(1)(b) and 35(1)(d) of the FOIA, and it refused to comply with the second and third parts of the complainant’s request in reliance on section 14(1) of the FOIA. The Commissioner’s decision is that the diary extracts for the period specified above do not engage section 35(1)(a) and 35(1)(b) of the FOIA, and whilst the extracts do engage section 35(1)(d), the public interest favours the disclosure of much of the withheld information. The Commissioner has also decided that the DCLG is not entitled to rely on section 14(1) of the FOIA in respect of the second and third parts of the complainant’s request. Additionally the Commissioner has decided that the DCLG has breached section 16 of the FOIA by failing to provide the complainant with appropriate advice and assistance.
FOI 35: Upheld FOI 14: Upheld FOI 16: Upheld

Citations:

[2017] UKICO FS50629605

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593933

BBC (Other): ICO 8 Aug 2017

The complainant has requested information relating to the appointment of the Director of Radio and Education. The BBC refused to provide the requested information citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the BBC has correctly applied section 40(2) of FOIA to the withheld information. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
FOI 40: Not upheld

Citations:

[2017] UKICO FS50685039

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593913

Cabinet Office (Central Government): ICO 30 Aug 2017

The complainant submitted a request (‘a meta-request’) to the Cabinet Office for all of the information it held in relation to how it handled a previous request he had submitted seeking information held on the cloud based platform Slack. The Cabinet Office sought to withhold the information falling within the scope of this meta-request on the basis of the following sections of FOIA: 21 (information reasonably accessible to the applicant); 36(2)(b)(i), (ii) and (c) (effective conduct of public affairs); and 40(2) (personal data). The Commissioner has concluded that section 21 has been applied correctly and that the names and contact details of junior staff are exempt from disclosure on the basis of section 40(2). However, the Commissioner has concluded that although sections 36(2)(b)(i), (ii) and (c) are engaged the public interest in maintaining the exemptions does not outweigh the public interest in the disclosure of the withheld information.
FOI 21: Not upheld FOI 36: Upheld FOI 40: Not upheld

Citations:

[2017] UKICO FS50671517

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593920