Category: Information

Health Education England (Health (Other)): ICO 29 Jun 2017

ICO The complainant made a freedom of information request to Health Education England (HEE) for information related to a letter sent by HEE’s Chief Executive regarding changes to junior doctors’ contracts. HEE disclosed some information falling within the scope of the request but also withheld some information under the section 36 exemption. The Commissioner’s decision is that HEE has correctly applied section 36 to the withheld information and that the public interest in maintaining the exemption outweighs the public interest in disclosure. The Commissioner requires no steps to be taken.
FOI 36: Not upheld

Citations:

[2017] UKICO FS50658213

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593763

Department for Education (Central Government) FS50652479: ICO 21 Jun 2017

ICO The complainant has requested information relating to the provision of a temporary school at 38A Eastcourt Road, Watford. The DfE responded to the request releasing some information but refusing to disclose other information citing sections 40 and 43 of the FOIA. The Commissioner’s decision is that the DfE has correctly applied sections 40 and 43 of the FOIA to the remaining withheld information. She therefore does not require any further action to be taken.
FOI 40: Not upheld FOI 43: Not upheld

Citations:

[2017] UKICO FS50652479

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593746

Carmarthenshire County Council (Local Government (County Council)): ICO 21 Jun 2017

The complainant has requested correspondence between the owner of a piece of land and the council in relation to a complaint that was made about the conversion of the site to a commercial shooting site without the benefit of planning permission. The council refused to disclose the requested information citing regulation 13 of the EIR. The Commissioner’s decision is that the council has correctly applied regulation 13 of the EIR in this case. She therefore does not require any further action to be taken.
EIR 13: Not upheld

Citations:

[2017] UKICO FER0653463

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593739

Cabinet Office (Central Government) – FS50661241: ICO 20 Jun 2017

The complainant submitted a request to the Cabinet Office seeking information relating to the ‘shortlisting’ of David Cameron’s resignation honours list. The Cabinet Office argued that the shortlisting process was conducted in Mr Cameron’s personal and political capacity and thus any information generated by this process would not be held by the Cabinet Office for the purposes of FOIA. The Commissioner accepts that there is a political dimension to the shortlisting process. However, in her view any information generated by this process would also be held for official purposes and therefore if any such recorded information is physically held by the Cabinet Office then such information would be held by the Cabinet Office for the purposes of FOIA. The Commissioner requires the Cabinet Office to confirm or deny whether information falling within the scope of the request is held, and if so disclose or refuse any information identified.
FOI 1: Upheld

Citations:

[2017] UKICO FS50661241

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593734

Cabinet Office (Central Government) – FS50651133: ICO 20 Jun 2017

ICO The complainant requested information relating to polling data from the 2014 Scottish independence referendum from the Cabinet Office. The Cabinet Office refused the request under section 14(2) of the Act as it considered it was a repeat request. The Cabinet Office’s position was based on a case of mistaken identity with the complainant and a previous requester with a similar name. Once this mistake had been pointed out, the Cabinet Office refused the request under section 35(1)(a) of the Act as the information related to the development of government policy, and the balance of the public interest favoured maintaining the exemption. The Commissioner’s decision is that section 35(1)(a) of the Act applies, but that the public interest test favours disclosure of the withheld information. The Cabinet Office also breached section 17(1) as it did not apply section 35(1)(a) within the statutory timeframe. The Commissioner requires the public authority to disclose the information to the complainant
FOI 17: Upheld FOI 35: Upheld

Citations:

[2017] UKICO FS50651133

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593733

Cambridgeshire County Council (Local Government (County Council)): ICO 29 Jun 2017

The complainant has requested information relating to roads in Cambridgeshire. The Commissioner’s decision is that Cambridgeshire County Council has incorrectly applied the exception at regulation 12(5)(c) of the EIR where disclosure would adversely affect intellectual property rights. The Commissioner requires the public authority to disclose the requested unclassified roads data to the complainant to ensure compliance with the legislation.
EIR 12(5)(c): Upheld

Citations:

[2017] UKICO FER0645865

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593736

Department for Education (Central Government) FS50663981: ICO 21 Jun 2017

The complainant has requested information from the Department for Education (DfE) for information about the performance of Regional Schools Commissioners against their Key Performance Indicators. The DfE provided the complainant with some of the requested information however refused to disclose the remainder citing section 36(2)(c) of the FOIA. The Commissioner has determined the exemption is engaged but concluded that on balance the public interest favours disclosure. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the data relating to Key Performance Indicator (KPI) 6. 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.
FOI 36: Upheld

Citations:

[2017] UKICO FS50663981

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593747

BBC (Other): ICO 26 Jun 2017

The complainant requested information on payments to MPs. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50677798

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593727

Parliamentary and Health Service Ombudsman (Education (Other)): ICO 8 May 2017

ICO The complainant has requested information about the Nolan principles. The Parliamentary and Health Service Ombudsman (PHSO) says it is not obliged to comply with the request under section 12(1) of the FOIA, as it would exceed the appropriate cost and time limit to do so. The Commissioner’s decision is that PHSO is not obliged to comply with the request under section 12(1) and is satisfied that PHSO met its obligation under section 16 to offer advice and assistance. The Commissioner does not require the public authority to take any steps.
FOI 12: Not upheld FOI 16: Not upheld

Citations:

[2017] UKICO FS50660756

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593713

BBC (Other): ICO 29 Jun 2017

The complainant has requested information about complaints and/or costs relating to Laura Kuenssberg’s question/s to President Donald Trump and Prime Minister Theresa May. The BBC said that the requested information was covered by the derogation and excluded from FOIA.The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall within the scope of FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50682850

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593728

Sussex Police (Police and Criminal Justice): ICO 22 May 2017

The complainant has requested information about the deployment of PCSOs in Lewes. Sussex Police failed to respond to this request for information within the statutory time for compliance. The Commissioner’s decision is that Sussex Police breached section 10(1) of the FOIA in its handling of the request. The information has now been disclosed to the complainant, and so the Commissioner requires no steps to be taken.
FOI 10: Upheld

Citations:

[2017] UKICO FS50670245

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593718

Ministry of Justice (Central Government): ICO 10 May 2017

The complainant has requested information relating to courts in England and Wales. The Ministry of Justice (MoJ) failed to respond to this request for information and the Commissioner’s decision is that in doing so the MoJ breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the MoJ to respond to the request.
FOI 10: Upheld

Citations:

[2017] UKICO FS50666065

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593698

NHS Commissioning Board (NHS England) (Health (NHS)) FS50649420: ICO 24 May 2017

The complainant has requested copies of attachments to emails previously disclosed to him beginning with ‘7DS’ NHS England refused to provide the requested information under section 36(2)(b)(ii) and section 36(2)(c) FOIA. The Commissioner’s decision is that NHS England correctly applied section 36(2)(b)(ii) FOIA to the withheld information. The Commissioner requires no steps to be taken.
FOI 36: Not upheld

Citations:

[2017] UKICO FS50649420

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593703

National Police Chief’s Council (Police and Criminal Justice): ICO 24 May 2017

The complainant has requested referral forms for proposed projects with Bahrain. The National Police Chief’s Council did not comply with the request, citing section 14(2) (repeated request) of FOIA. During the Commissioner’s investigation, the National Police Chiefs’ Council confirmed that it was no longer relaying on section 14(2) of FOIA. The NPCC subsequently confirmed that it was withholding the information under section 27 (International relations) of the FOIA. The NPCC’s application of section 27 will be dealt with in a separate decision notice. The complainant indicated that he still wanted a decision notice as he wanted to know how often a request could be submitted to a public authority. Given that the National Police Chiefs’ Council dropped its reliance on section 14(2), the Commissioner will not consider its application any further. However, she has considered the length of time taken to deal with the request and the complainant’s query regarding how often a request can be submitted. The Commissioner’s decision is that the National Police Chiefs’ Council has breached sections 17(1) (request for information) and 10(1) (time for compliance) of the FOIA. The Commissioner does not require the National Police Chiefs’ Council to take any steps as a result of this decision.
FOI 10: Upheld FOI 17: Upheld

Citations:

[2017] UKICO FS50642394

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 29 March 2022; Ref: scu.593700