Category: Information

Cabinet Office (Central Government): ICO 16 Feb 2017

ICO The complainant has requested correspondence relating to the liquidation of Kids Company. The Cabinet Office refused to provide what it held within the scope of the request citing section 43 (commercial interests) and section 41 (confidential information). At internal review, it introduced also reliance on section 31 (law enforcement). The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 31(1)(g) as its basis for withholding the requested information. No steps are required.
FOI 31: Not upheld

Citations:

[2017] UKICO FS50629523

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579837

Bbc (Other): ICO 16 Feb 2017

ICO The complainant has requested listening figures for BBC Radio 4 Moneybox. The BBC explained that 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 within the scope of FOIA. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50663858

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579832

Cabinet Office (Central Government): ICO 28 Feb 2017

ICO The complainant submitted a request to the Cabinet Office seeking a copy of a file dating from 1974 concerning Diego Garcia. He also requested a list of the file’s contents. The Cabinet Office sought to withhold the file, and a list of its contents, on the basis of the exemptions contained at sections 27(1)(a), 27(1)(c), 27(1)(d) and 27(2) (international relations), 24(1) (national security), 26(1)(a) and 26(1)(b) (defence) of FOIA. During the course of the Commissioner’s investigation, the Cabinet Office provided the complainant with a small amount of information contained in the file which it was established was in effect already in the public domain. The Commissioner has concluded that the remaining information contained in the file is exempt from disclosure of the basis of sections 27(1)(a), 27(1)(c) and 27(1)(d). The Commissioner is also satisfied that a list of the file’s contents is also exempt from disclosure on the basis of the same exemptions.
FOI 27: Not upheld

Citations:

[2017] UKICO FS50627706

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579836

Parliamentary and Health Service Ombudsman (Education (Other)): ICO 26 Jan 2017

ICO The complainant has requested information about particular clinical advisors. The Parliamentary and Health Service Ombudsman (PHSO) has withheld the information which it says is personal data of third persons and therefore exempt from disclosure under the FOIA, under section 40(2). The Commissioner’s decision is that the withheld information is personal data and that PHSO is correct to withhold it under section 40(2) by virtue of section 40(3)(a)(i). The Commissioner does not require PHSO to take any steps.
FOI 40: Not upheld

Citations:

[2017] UKICO FS50643432

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579801

National Archives (Central Government) FS50637322: ICO 30 Jan 2017

ICO The complainant has requested access to a closed file at TNA which contained correspondence between Sir Robert Mark, Commissioner of the Metropolitan Police and Lord Mountbatten. TNA opened much of the file for inspection, but ultimately withheld information from sixteen documents under the exemptions provided by section 24 – national security, section 27 – international relations, section 37(1)(b) – conferring of honours, section 40(2) – personal information and section 41 – information provided in confidence. The Commissioner’s decision is that TNA is entitled to rely on the exemptions provided by sections 27, 37, 40(2) and 41 to withhold all the disputed information apart from one document. That document, labelled as document 14 by TNA, was withheld under section 40(2). The Commissioner has concluded that the information in question does not constitute personal data and therefore cannot be withheld under that exemption. The Commissioner requires the public authority to disclose document 14.
FOI 27: Not upheld FOI 37: Not upheld FOI 40: Partly upheld

Citations:

[2017] UKICO FS50637322

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579789

National Archives (Central Government) FS50655772: ICO 30 Jan 2017

ICO The complainant requested a copy of the closed extract from a file. The request was refused by the National Archives (TNA) on the grounds of health and safety (section 38 of FOIA). The Commissioner has found that section 38(1) is engaged and that in all the circumstances the public interest in disclosure is outweighed by the public interest in maintaining the exemption. The Commissioner does not require the public authority to take any remedial steps to ensure compliance with the legislation.
FOI 38: Not upheld

Citations:

[2017] UKICO FS50655772

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579791

Ministry of Justice (Central Government) FS50632671: ICO 23 Jan 2017

ICO The complainant requested information from the Ministry of Justice (the ‘MOJ’) about the Joint Asset Recovery Database. Following clarification of the request, the MOJ provided the information it held with redactions for personal information under section 40(2) of FOIA. It said it did not hold the remainder of the requested information. The Commissioner’s decision is that, on the balance of probabilities, the MOJ has provided the information it holds, subject to the redactions made under section 40(2) of FOIA, which she finds to be engaged. She does not require the MOJ to take any steps to comply with the legislation.
FOI 1: Not upheld FOI 40: Not upheld

Citations:

[2017] UKICO FS50632671

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579787

National Archives (Central Government) FS50647941: ICO 30 Jan 2017

ICO The complainant requested a copy of the closed extract from a file. The request was refused by the National Archives (TNA) on the grounds of health and safety (section 38 of FOIA). The Commissioner has found that section 38(1) is engaged and that in all the circumstances the public interest in disclosure is outweighed by the public interest in maintaining the exemption. The Commissioner does not require the public authority to take any remedial steps to ensure compliance with the legislation.
FOI 38: Not upheld

Citations:

[2017] UKICO FS50647941

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579790

Ministry of Justice (Central Government) FS50660393: ICO 23 Jan 2017

ICO The complainant requested information from the Ministry of Justice (the ‘MOJ’) about reoffending data relating to serious sexual offences for a specified period. By the date of this notice, the MOJ has yet to provide a substantive response to this request. The Commissioner’s decision is that the MOJ 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. She requires the MOJ to respond to the request in accordance with the obligations under the FOIA.
FOI 1: Upheld FOI 10: Upheld

Citations:

[2017] UKICO FS50660393

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579788

Home Office (Central Government): ICO 16 Jan 2017

ICO The complainant requested information from the Home Office relating to a complaint which had concluded with a decision notice issued by the Information Commissioner. The Home Office refused to provide the requested information citing section 14(1) of the FOIA (vexatious request). The Commissioner’s decision is that the Home Office correctly applied section 14(1) to the request. The Commissioner requires no steps to be taken.
FOI 14: Not upheld

Citations:

[2017] UKICO FS50647981

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579773

Home Office (Central Government): ICO 11 Jan 2017

ICO The complainant has requested information about asylum seekers from the Home Office (the ‘HO’). The HO refused to provide this citing section 40(2) (personal information) of the FOIA. During the Commissioner’s investigation the HO also suggested that some information may not be held. The Commissioner’s decision is that section 40(2) is not engaged. The Commissioner requires the HO to disclose the information withheld under section 40(2) and to issue a fresh response in respect of any information within the scope of the request which is not held.
FOI 1: Upheld FOI 40: Upheld

Citations:

[2017] UKICO FS50646722

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579772

General Medical Council (Local Government (Other)): ICO 10 Jan 2017

The complainant has requested a deceased individual’s medical records. The General Medical Council (GMC) says the requested information is exempt from disclosure under section 21 of the FOIA as it is already reasonably accessible to the complainant through other means, namely the Access to Health Records Act 1990. The Commissioner’s decision is that the requested information is exempt from disclosure under section 21(1) of the FOIA. She does not require the GMC to take any steps.
FOI 21: Not upheld

Citations:

[2017] UKICO FS50628964

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579766

Foreign and Commonwealth Office (Central Government): ICO 24 Jan 2017

The complainant submitted a request to the Foreign and Commonwealth Office (FCO) for correspondence between FCO offices in London and FCO offices in four other countries about whether FCO buildings should or should not fly the gay pride flag at any stage. The FCO withheld the requested information on the basis of section 35(1)(a) (formulation and development of government policy) of FOIA. The Commissioner is satisfied that the exemption is engaged but has concluded that in all the circumstances of the case the public interest favours disclosing the requested information. However, in disclosing this information the FCO can redact the names of any junior staff on the basis of section 40(2) (personal data) of FOIA.
FOI 35: Upheld FOI 40: Not upheld

Citations:

[2017] UKICO FS50646723

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579764

Home Office (Central Government): ICO 30 Jan 2017

ICO The complainant requested information from the Home Office for correspondence relating to an immigration raid. 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 the Home Office 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. She requires the MOJ to respond to the request in accordance with the obligations under the FOIA.
FOI 1: Upheld FOI 10: Upheld

Citations:

[2017] UKICO FS50656253

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579774

Bbc (Other): ICO 30 Jan 2017

ICO The complainant requested information concerning compensation for sex crime victims. The Commissioner’s decision is that the BBC did not deal with the request in accordance with the FOIA. This is because the public authority provided its response outside the statutory 20 working days and it has therefore breached section 10(1) of the FOIA. As a response has now been provided during the course of the investigation, the Commissioner does not require any steps to be taken.
FOI 10: Upheld

Citations:

[2017] UKICO FS50662219

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579737

BBC (Other): ICO 10 Jan 2017

ICO The complainant requested a copy of a policy discussion report. 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 was excluded from FOIA. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50646762

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579734

Department for Environment Food and Rural Affairs (Central Government): ICO 23 Jan 2017

ICO The complainant requested from the Animal and Plant Health Agency (‘APHA’) information about tests on cattle. APHA applied section 12 to the request. The Commissioner’s decision is that APHA has correctly applied section 12 to the request and so does not require it to take any further steps to ensure compliance with the legislation. As an executive agency of the Department for Environment, Food and Rural Affairs, APHA does not constitute a public authority for the purposes of FOIA and so this notice is issued to its parent Department.
FOI 12: Not upheld

Citations:

[2017] UKICO FS50637425

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579753

Cabinet Office (Central Government): ICO 12 Jan 2017

ICO The complainant submitted a request to the Cabinet Office seeking Cabinet minutes and correspondence dating from 1991 in which the Bank of Credit and Commerce International was discussed. The Cabinet Office relied on section 35(3) of FOIA to refuse to confirm or deny whether it held any Cabinet minutes. The Cabinet Office confirmed that it held relevant correspondence but it considered this to be exempt from disclosure on the basis of sections 21, 27, 35 and 41 of FOIA. It also sought to rely on section 23(5) to refuse to confirm or deny whether it held any further correspondence falling within the scope of this request. The Commissioner has concluded that the Cabinet Office is entitled to rely on section 35(3) in the manner which it did. However, for the reasons set out in this notice the Commissioner has also concluded that the various exemptions cited by the Cabinet Office only provide a basis to withhold some of the correspondence that it acknowledges holding. The remaining correspondence is not exempt from disclosure.
FOI 35: Partly upheld FOI 41: Partly upheld FOI 23: Not upheld FOI 27: Partly upheld FOI 21: Upheld

Citations:

[2017] UKICO FS50601833

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579742

BBC (Other) FS50650473: ICO 12 Jan 2017

ICO The complainant has requested information relating to a program on Radio 4 called ‘Thought for Today’. The BBC explained that 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 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 FS50650473

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579735

BBC (Other) FS50654840: ICO 12 Jan 2017

ICO The complainant has requested the number of times the c-word has been broadcast by various BBC channels in 2016. The BBC explained that 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 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 FS50654840

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579736

Cabinet Office (Central Government): ICO 17 Jan 2017

ICO The complainant submitted a request to the public authority for the dates, times and locations of planned counter terrorism exercises. The Commissioner has concluded that the public authority was entitled to withhold the information held within the scope of the request on the basis of the exemptions at sections 23(1) and 24(1) FOIA.
FOI 23: Not upheld FOI 24: Not upheld

Citations:

[2017] UKICO FS50635773

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579743

Camden Council (Local Government (District Council)) FER0648668: ICO 26 Jan 2017

ICO The complainant has requested information from the London Borough of Camden (‘the Council’) relating a redevelopment of 156 West End Lane. The Commissioner’s decision is that the Council has correctly applied regulation 12(4)(b) and the public interest favours maintaining the exception. However, the Commissioner considers that the Council has not met its obligations under regulation 9(2) in providing sufficient advice and assistance to the complainant. The Commissioner requires the Council to provide assistance to the complainant on how to reduce the scope of his request so that it is no longer manifestly unreasonable. The Council 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.
EIR 9(2)(a): Upheld EIR 12(4)(b): Not upheld

Citations:

[2017] UKICO FER0648668

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579744

Department for Communities and Local Government (Central Government): ICO 9 Jan 2017

ICO The complainant has requested information regarding the Planning Sounding Board. The Department for Communities and Local Government provided part of the requested information, but withheld the remainder stating regulations 12(4)(e) – internal communications, and 12(5)(d) – confidentiality of proceedings, were engaged. During the course of the Commissioner’s investigation, it disclosed the remaining information. The Commissioner’s decision is that in providing the information outside the prescribed 20 working day time frame, the Department for Communities and Local Government has breached regulation 5(2). However, as the information has been disclosed, the Commissioner does not require any steps to be taken.
EIR 5(2): Upheld

Citations:

[2017] UKICO FER0636269

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579752

Camden Council (Local Government (District Council)) FS50628543: ICO 26 Jan 2017

ICO The complainant has requested information from the London Borough of Camden (‘the Council’) relating to the Council’s policy on Freedom Passes. The Commissioner’s decision is that the Council does not hold the requested information. The Commissioner requires the Council to take no steps.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50628543

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579745

Home Office (Central Government) FS50646085: ICO 21 Dec 2016

ICO The complainant has requested information relating to funding for youth programmes. 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:

[2016] UKICO FS50646085

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579723

Home Office (Central Government) FS50652814: ICO 21 Dec 2016

ICO The complainant has requested information relating to the Home Office paying compensation for unlawfully detaining individuals under immigration powers. 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:

[2016] UKICO FS50652814

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579726

Home Office (Central Government) FS50650549: ICO 21 Dec 2016

ICO The complainant has requested information relating to the amount of people successfully intercepted at juxtaposed ports in France and Belgium between January and June 2016. 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. The Commissioner requires the Home Office to respond to the request.
FOI 10: Upheld

Citations:

[2016] UKICO FS50650549

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579725

Home Office (Central Government) FS50649497: ICO 21 Dec 2016

ICO The complainant has requested information relating to pregnant women held in immigration detention. The Commissioner’s decision is that the Home Office has breached section 10(1) of the Freedom of Information Act 2000 because it did not provide a response to the request within 20 working days. The Home Office has now responded and the Commissioner does not require it to take any further steps.
FOI 10: Upheld

Citations:

[2016] UKICO FS50649497

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579724