Category: Information

BBC (Decision Notice): ICO 7 Aug 2013

The complainant has requested a copy of the Balen Report ‘Reporting the Middle East’ paper JB(04)40 (the Balen Report). The BBC explained that the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that the Balen Report is held by the BBC for the purposes of ‘journalism, art or literature’ and does not fall inside FOIA. The Commissioner therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

Citations:

[2013] UKICO FS50486137

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 27 March 2022; Ref: scu.528534

Home Office (Decision Notice): ICO 8 Aug 2011

The complainant requested information relating to the National Identity Scheme Independent Scheme Assurance Panel. The Home Office refused the request citing the exemptions in sections 12 (cost of compliance exceeds appropriate limit), 22 (information intended for future publication) and 35 of the Act (formulation of government policy). The Commissioner has investigated with respect to the information withheld by virtue of section 35 and concluded that the exemption is not engaged. Therefore the Commissioner requires the Home Office to disclose that information to the complainant.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 35 – Complaint Upheld

Citations:

[2011] UKICO FS50375926

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 27 March 2022; Ref: scu.530750

BBC (Decision Notice): ICO 9 Dec 2009

The complainant requested information from the British Broadcasting Corporation (the BBC) regarding the British Academy of Film and Television Awards (BAFTA) and the system known as ‘fast tracking’. The BBC disclosed some of the requested information but withheld part of it, citing section 41 (information provided in confidence), section 43(2) (commercial interests) and section 40(2) (personal information) of the Freedom of Information Act (the Act). The BBC subsequently altered its position and claimed that the withheld information fell outside the scope of the Act. The Commissioner is satisfied that the withheld information is held by the BBC to a significant extent for the purposes of journalism, art or literature. Therefore the BBC was not required to comply with Parts I to V of the Act in relation to the withheld information.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

Citations:

[2009] UKICO FS50267271

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 27 March 2022; Ref: scu.532368

Attorney Generals Office (Decision Notice): ICO 10 Aug 2011

The complainant asked the Attorney General’s Office (AGO) to provide copies of correspondence dated from 1 April 2004 to 30 July 2004 in which advice was either sought or given during the development of guidance to UK security and intelligence officers and service personnel on the detention of individuals overseas, the interviewing of those detainees and the passing and receipt of intelligence relating to detainees.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 35 – Complaint Not upheld

Citations:

[2011] UKICO FS50360300

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 27 March 2022; Ref: scu.530705

Commission v Breyer: ECJ 18 Jul 2017

ECJ (Judgment) Appeal – Access to documents of the institutions – Article 15 (3) TFEU – Regulation (EC) No 1049/2001 – Application for access to the pleadings lodged by the Republic of Austria in connection with the application Commission v Austria (C-189/09, unpublished, EU: C: 2010: 455) – Documents in the possession of the European Commission – Protection of judicial proceedings

Citations:

ECLI: EU: C: 2017: 563, [2017] EUECJ C-213/15

Links:

Bailii

Jurisdiction:

European

Information

Updated: 27 March 2022; Ref: scu.590477

The Department for Business, Energy and Industrial Strategy v The Information Commissioner and Another: CA 29 Jun 2017

The court heard and appeal as to whether information about the smart meter Programme was environmental information subject to the regulations.

Judges:

Beatson, David Richards, Irwin LJJ

Citations:

[2017] EWCA Civ 844

Links:

Bailii

Statutes:

Environmental Information Regulations 2004

Jurisdiction:

England and Wales

Environment, Information

Updated: 27 March 2022; Ref: scu.588335

Upshire Primary Foundation School (Decision Notice): ICO 1 Nov 2012

The complainant requested minutes for any meetings in which the Final Audit Report of Upshire Primary Foundation School (‘the school’) 2011/12 was discussed. The school refused to comply with the request as it viewed the request to be vexatious. The school cited section 14(1) of the Freedom of Information Act (FOIA) as its grounds for refusal. The Commissioner’s decision is the school has correctly applied section 14(1) of the FOIA and that the request is vexatious. The Commissioner does not require the public authority to take any steps in this matter.
Section of Act/EIR and Finding: FOI 14 – Complaint Not upheld

Citations:

[2012] UKICO FS50453433

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.530042

Birmingham City Council (Local Government): ICO 20 Dec 2019

The complainant requested from Birmingham City Council (the Council) information in the form of correspondence prior to a Council’s decision to restore an indemnity to a named primary school. The Council confirmed that it held information within the scope of the request but refused to disclose it under section 42(1) (legal professional privilege) of the FOIA. It also cited section 40(2) (personal data) of the FOIA in relation to some of the information. The Commissioner’s decision is that the Council was entitled to rely on the exemption at section 42(1) of the FOIA to withhold the information. Bearing in mind that the Commissioner decided that the withheld information is exempt under section 42(1) in its entirety, she did not deem it necessary to also consider the application of section 40(2). Therefore, the Commissioner does not require any steps to be taken as a result of this decision notice.
FOI 42: Complaint not upheld

Citations:

[2019] UKICO fs50856403

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.650382

Hastings Borough Council (Local Government): ICO 27 Feb 2020

The complainant has requested information held by Hastings Borough Council (the council) which relates to an invoice that it had received for work undertaken by a third party company in connection to a site licence. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) of the EIR as its basis for withholding the information relevant to the request, and that the public interest rests in favour of maintaining this exception. However, the Commissioner has found that the council has breached regulation 14(2) of the EIR by failing to issue a refusal notice within 20 working days. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 12(5)(e): Complaint not upheld EIR 14(2): Complaint upheld

Citations:

[2020] UKICO fer0783525

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.653493

Sweden v Commission C-562/14: ECJ 11 May 2017

ECJ Right of Public Access To Documents : Judgment – Appeal – Right of public access to documents – Regulation (EC) No 1049/2001 – third indent of Article 4(2) – Exceptions to the right of access to documents – Incorrect interpretation – Protection of the purpose of inspections, investigations and audits – Overriding public interest justifying the disclosure of documents – General presumption of confidentiality – Documents relating to an EU Pilot procedure

Citations:

[2017] EUECJ C-562/14, ECLI:EU:C:2017:356

Links:

Bailii

Jurisdiction:

European

Information

Updated: 26 March 2022; Ref: scu.584352

University of Warwick (Education (University)): ICO 4 Apr 2017

The complainant has requested from the University of Warwick actual and projected figures spanning various years for its student numbers, on-campus accommodation and students living in Leamington Spa. The University of Warwick has disclosed some of the requested information but withheld most of the projected figures under Section 43(2) of the FOIA. The Commissioner’s decision is that University of Warwick has not successfully applied Section 43(2) of the FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information which comprises of one global number for projected on-campus figures for the combined academic years of 2018/19 and 2019/20 and the twelve separate numbers for the projected student figures for 2016/17, 2017/18, 2018/19 and 2019/20.
FOI 43: Not upheld

Citations:

[2017] UKICO FS50636198

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583896

Welsh Government (Central Government) FS50636467: ICO 27 Apr 2017

ICO The complainant requested details of financial support that the Welsh Government agreed with a particular company. The Welsh Government withheld the information under section 43(2) of the FOIA. During the Commissioner’s investigation the Welsh Government withdrew reliance on section 43 and stated that it considered sections 29(1)(b) and 36(2)(c) to apply to the requested information. The Commissioner’s decision is that the Welsh Government has incorrectly withheld the information under sections 29(1)(b) and 36(2)(c). The Commissioner requires the Welsh Government to disclose the information withheld under sections 29(1)(b) and 36(2)(c) to the complainant.
FOI 29: Upheld FOI 36: Upheld

Citations:

[2017] UKICO FS50636467

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583898

Staffordshire Police (Police and Criminal Justice) FS50641480: ICO 24 Apr 2017

ICO The complainant has requested a copy of the Costello Report and any other related reports. Staffordshire Police disclosed a copy of the Costello Report, with redactions in respect of information which it said was exempt from disclosure under sections 30 (investigations and proceedings conducted by public authorities), 31 (law enforcement) and 40 (personal information) of the FOIA. The Commissioner’s decision is that Staffordshire Police was entitled to rely on sections 30, 31 and 40 to withhold most of the information. However, she found that it incorrectly cited section 31 to make one redaction. The Commissioner requires Staffordshire Police to disclose to the complainant the recommendation made in paragraph 13.1 of the Costello Report, previously withheld under section 31.
FOI 30: Not upheld FOI 31: Partly upheld FOI 40: Not upheld

Citations:

[2017] UKICO FS50641480

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583890

Welsh Government (Central Government) FS50626335: ICO 27 Apr 2017

ICO The complainant requested details of financial support that the Welsh Government had given to a particular company. The Welsh Government withheld the information under section 43(2) of the FOIA. During the Commissioner’s investigation the Welsh Government withdrew reliance on section 43 and stated that it considered sections 29(1)(b) and 36(2)(c) to apply to the requested information. The Commissioner’s decision is that the Welsh Government has incorrectly withheld the requested information under sections 29(1)(b) and 36(2)(c). She also finds that the Welsh Government met its obligations under section 16 of the FOIA during the internal review. The Commissioner requires the Welsh Government to disclose the information withheld under sections 29(1)(b) and 36(2)(c) to the complainant.
FOI 29: Upheld FOI 36: Upheld FOI 16: Not upheld

Citations:

[2017] UKICO FS50626335

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583897

Staffordshire Police (Police and Criminal Justice) FS50646644: ICO 24 Apr 2017

ICO The complainant has requested a copy of the Costello Report and any other related reports and specified correspondence. Staffordshire Police disclosed a copy of the Costello Report, with redactions in respect of information which it said was exempt from disclosure under sections 30 (investigations and proceedings conducted by public authorities), 31 (law enforcement) and 40 (personal information) of the FOIA. The Commissioner’s decision is that Staffordshire Police was entitled to rely on sections 30, 31 and 40 to withhold most of the information. However, she found that it incorrectly cited section 31 to make one redaction. The Commissioner requires Staffordshire Police to disclose to the complainant the recommendation made in paragraph 13.1 of the Costello Report, previously withheld under section 31.
FOI 30: Not upheld FOI 31: Partly upheld FOI 40: Not upheld

Citations:

[2017] UKICO FS50646644

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583891

Nhs Commissioning Board (NHS England) (Health (NHS)) FS50673308: ICO 27 Apr 2017

The complainant has requested information relating to a ‘two-day retreat’ event which was held for the leads of England’s 44 Sustainability and Transformation Plan footprint areas to discuss next steps in the STP process. 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 take the following steps to ensure compliance with the legislation. NHS England must provide the complainant with a response to this request in accordance with its obligations under FOIA.
FOI 10: Upheld

Citations:

[2017] UKICO FS50673308

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583878

Ministry of Justice (Central Government) FS50655156: ICO 6 Apr 2017

The complainant requested information relating to the recommendation to grant compensation in the case of a man wrongly convicted of murder. The MoJ withheld the requested information citing sections 40(2) (personal information) and 21(1) (information accessible to applicant by other means) of the FOIA. The Commissioner has investigated the MoJ’s application of section 40(2). Her decision is that the MoJ was entitled to withhold the information withheld by virtue of that exemption. She requires no steps to be taken as a result of this decision.
FOI 40: Not upheld

Citations:

[2017] UKICO FS50655156

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583874

NHS Commissioning Board (NHS England) (Health (NHS)) FS50670859: ICO 27 Apr 2017

ICO The complainant has requested information relating to the current national review of congenital heart disease services. NHS England failed to respond to this request for information within the statutory time for compliance. The Commissioner considers that the NHS England breached section 10(1) FOIA in the handling of this request. The Commissioner requires no steps to be taken.
FOI 10: Upheld

Citations:

[2017] UKICO FS50670859

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583877

Ministry of Justice (Central Government) FS50649506: ICO 6 Apr 2017

The complainant has made two information requests for statistical data relating to numbers of drug finds in English prisons from the Ministry of Justice (the ‘MoJ’). The MoJ refused to provide this on the basis of sections 22 (information intended for future publication) and 44(1)(a) (prohibitions on disclosure) of the FOIA. The Commissioner’s decision is that neither exemption is engaged. The Commissioner requires the MoJ disclose the requested information or issue a fresh response which does not rely on section 22 or 44(1)(a).
FOI 22: Upheld FOI 44: Upheld

Citations:

[2017] UKICO FS50649506

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583873

Home Office (Central Government): ICO 3 Apr 2017

ICO The complainant requested information associated with a specified grant to the Community Service Trust (‘CST’). The Home Office applied section 14(2) of FOIA (repeated request). Having considered its handling of the request, the Commissioner’s decision is that the Home Office did not apply section 14(2) appropriately to that request for the reasons set out in this notice. The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation: issue a fresh response to the request not relying on section 14(2).
FOI 14: Upheld

Citations:

[2017] UKICO FS50655658

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583856

Home Office (Central Government): ICO 24 Apr 2017

ICO The complainant requested information from the Home Office relating to two cases listed in the Animals in Science Regulation Unit’s Annual Report 2014 which had been referred to the Crown Prosecution Service. The Home Office argued that the request was vexatious because complying with it would place a grossly oppressive burden on it. It therefore refused the request on the basis of section 14(1) of the FOIA (vexatious request). The Commissioner’s decision is that the Home Office was entitled to refuse to comply with the request on the basis of section 14(1). She requires no steps to be taken as a result of this decision.
FOI 14: Not uphel

Citations:

[2017] UKICO FS50655799

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583857

Home Office (Central Government) FS50660122: ICO 6 Apr 2017

ICO The complainant has requested information relating to Certificate of Sponsorship issued by the Home Office to foreigners for the purpose of applying for a visa to the UK. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so the Home Office breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation.
FOI 10: Upheld

Citations:

[2017] UKICO FS50660122

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583860

Epping Forest District Council (Local Government (District Council)): ICO 20 Apr 2017

The complainant has asked Epping Forest District Council to provide him with copies of legislation and statutory guidance which concerns planning matters. The Council provided the complainant with website addresses so that he might access for himself the information he has asked for. The Commissioner’s decision is that Epping Forest District Council has complied with Regulations 5(1), 5(2) and 14 of the EIR by directing the complainant to the information he seeks. That information is easily accessed and freely available. ,br />EIR 5: Not upheld EIR 14: Not upheld

Citations:

[2017] UKICO FER0657328

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583847

Epping Forest District Council (Local Government (District Council)) FS50671488: ICO 27 Apr 2017

ICO The complainant has requested information relating to health and safety at Gracelands CMS Ltd. The Commissioner’s decision is that Epping Forest District Council has incorrectly applied the exemption for commercial interests at section 43(2) of the FOIA. The Commissioner requires the public authority to disclose specified documents and to issue a fresh response in relation to the health and safety documents, that fall within the scope of the request, associated with the remaining nine specified contracts with Gracelands CMS Ltd, providing appropriate advice and assistance to the complainant, to ensure compliance with the legislation.
FOI 10: Upheld FOI 43: Upheld

Citations:

[2017] UKICO FS50671488

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583849

Home Office (Central Government) FS50658010: ICO 6 Apr 2017

ICO The complainant has requested information relating to the short-term holding facility at Dunkerque. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so the Home Office breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires the Home Office to issue a response to the request under the FOIA by either complying with section 1(1) or issuing a valid refusal notice.
FOI 10: Upheld

Citations:

[2017] UKICO FS50658010

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583859

Epping Forest District Council (Local Government (District Council)) FS50650568: ICO 27 Apr 2017

ICO The complainant has requested information relating to gender equality. The Commissioner’s decision is that Epping Forest District Council provided it’s Equality Policy outside of the statutory time limit for responding to requests in breach of section 10(1) of the FOIA. She has also decided that information relating to the number of male and female heating engineers and plumbers is not held for the purposes of FOIA by virtue of section 3(2)(b). She does not require the public authority to take any steps to ensure compliance with the legislation.
FOI 10: Upheld FOI 3: Not upheld

Citations:

[2017] UKICO FS50650568

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583848

Home Office (Central Government) FS50671327: ICO 6 Apr 2017

ICO The complainant has requested information relating to Longport Freight Shed. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so Home Office breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires the Home Office to issue a response to the request under the FOIA by either complying with section 1(1) or issuing a valid refusal notice.
FOI 10: Upheld

Citations:

[2017] UKICO FS50671327

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583862

Home Office (Central Government): ICO 12 Apr 2017

ICO The complainant requested from the Home Office information about whether or not Mr Abbott, the former Prime Minister of Australia, held both Australian and British citizenship or had renounced British citizenship. The Commissioner found that confirmation or denial would be unfair and therefore in breach of the first data protection principle. Accordingly she decided that the exemption provided by section 40(5) FOIA is engaged and that the Home Office had correctly relied on that exemption. The Commissioner does not require the Home Office to take any steps to comply with the legislation.
FOI 40: Not upheld

Citations:

[2017] UKICO FS50656886

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583858

Home Office (Central Government) FS50662683: ICO 6 Apr 2017

ICO The complainant has requested statistical information regarding pregnancies at Yarl’s Wood Immigration Removal Centre from the Home Office. By the date of this notice, the Home Office has yet to provide a substantive response to this request. The Commissioner’s decision is that although it has complied with section 17(1) in stating which exemption is to be relied upon, by failing to complete its public interest test considerations within a reasonable time period the Home Office has breached section 17(3) of the FOIA. The Commissioner has also found breaches of sections 1 and 10 of the FOIA. The Home Office is required to issue a substantive response to the complainant’s request, either disclosing the requested information or issuing a valid refusal notice as set out in section 17 of the FOIA.
FOI 1: Upheld FOI 10: Upheld FOI 17: Upheld

Citations:

[2017] UKICO FS50662683

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 March 2022; Ref: scu.583861