Category: Information

Ministry of Justice – FS50630215: ICO 15 Dec 2016

ICO (Central Government) The complainant requested information about restraint and confiscation orders made under the Proceeds of Crime Act 2002 (POCA). The Ministry of Justice (MoJ) denied holding the requested information relating to restraint orders. It also denied holding the requested information relating to confiscation orders citing section 11(5)(c) of the FOIA (the dataset provisions). The Commissioner’s decision is that the MoJ did not cite section 11 correctly and that it breached section 16 of the FOIA by failing to provide advice and assistance to the complainant about his request. The Commissioner requires the MoJ to take the following steps to ensure compliance with the legislation: issue a fresh response in accordance with its obligations under section 1 of the FOIA and provide the complainant with advice and assistance in accordance with its obligations under section 16 of the FOIA).
FOI 11: Upheld FOI 16: Upheld

Citations:

[2016] UKICO FS50630215

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573083

Wrexham County Borough Council (Local Government (Borough Council)): ICO 5 Dec 2016

ICO The complainant requested various items of information in respect of a grievance investigation. Wrexham County Borough Council refused this request on the basis of section 40(2) of the FOIA. The Commissioner’s decision is that Wrexham County Borough Council should have relied on section 40(5) in respect of this request to neither confirm nor deny whether it held any relevant information. Additionally, in failing to provide a response within the required timescales, the Council breached section 10(1) of the FOIA. The Commissioner does not require the public authority to take any steps.
FOI 10: Upheld FOI 40: Not upheld

Citations:

[2016] UKICO FS50628044

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573094

Stoke Gifford Parish Council (Local Government (Parish Council)): ICO 3 Oct 2016

The complainant requested information regarding Stoke Gifford Parish Council’s decision to charge parkrun for the use of facilities during parkrun’s weekly events at a local park. The Commissioner’s decision is that the Council failed to provide a response to the request within the statutory timeframe of 20 working days. This constitutes a breach of regulation 5(2) of the EIR. She upholds the complaint but does not require any further action to be taken as a response has now been issued.
EIR 5(2): Upheld

Citations:

[2016] UKICO FER0643054

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.572910

Lambeth London Borough Council (Local Government (Borough Council)): ICO 19 Oct 2016

The complainant has requested from London Borough of Lambeth (the ‘Council’) information relating to a named property during a specific time period. The Commissioner’s decision is that the information in question is environmental for the purposes of the EIR and that the Council had correctly applied regulation 13(5) of the EIR to the request. The Commissioner does not require the Council to take any steps.
EIR 13(5): Not upheld

Citations:

[2016] UKICO FS50628378

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.572885

Home Office (Central Government): ICO 12 Dec 2016

ICO The complainant requested information from the Home Office about civil claims made by former or current detainees at a specified immigration detention centre. The Home Office refused to disclose this information under section 12(1) of FOIA as it estimated that the cost of compliance with the request would exceed the appropriate limit.
FOI 12: Not upheld FOI 16: Not upheld

Citations:

[2016] UKICO FS50646508

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573074

Home Office (Central Government): ICO 15 Dec 2016

ICO The complainant submitted two requests for information about refugees and unauthorised entry into the UK from France. In relation to his first request, the Home Office stated that it was unable to establish whether it held this information within the cost limit and therefore refused the request under section 12(2) (costs) of the FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 12(2) in relation to that request. In relation to his second request for information, the Home Office refused to provide the requested information citing section 31(1)(e) of the FOIA (the operation of the immigration controls). The Commissioner has determined that section 31(1)(e) was cited correctly and so the Home Office was not obliged to disclose this information. The Commissioner has found, however, that the Home Office breached sections 10(1) and 17(1) of the FOIA by delaying its response to both requests.
FOI 10: Upheld FOI 12: Not upheld FOI 17: Upheld FOI 31: Not upheld

Citations:

[2016] UKICO FS50638233

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573073

Test Valley Borough Council (Local Government (Borough Council)): ICO 5 Oct 2016

The complainant requested details of pre-application planning advice in relation to two specific planning applications. Test Valley Borough Council withheld the information under regulation 12(3) (personal data), 13 (personal data) and 12(5)(f)(interests of the person who provided the information) of the EIR. During the Commissioner’s investigation, Test Valley Borough Council disclosed the withheld information to the complainant. The Commissioner’s decision is that the Test Valley Borough Council has breached regulation 5(1) of the EIR as it did not disclose the information initially when requested. The Commissioner also considers that as it took longer than 20 working days to disclose the requested information, Test Valley Borough Council has also reached regulation 5(2) of the EIR. The Commissioner does not require Test Valley Borough Council to take any steps as a result of this decision.
EIR 5(1): Upheld

Citations:

[2016] UKICO FER0611044

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.572911

Reigate and Banstead Borough Council (Local Government (Borough Council)): ICO 4 Oct 2016

The complainant requested information regarding the operation of winter night shelters. Reigate and Banstead Borough Council (the Council) provided some information within the scope of the request but withheld other information under sections 40(2) (personal information) and 41 (information provided in confidence) of the FOIA. The complainant disputed the application of section 41. During the course of the Commissioner’s investigation the Council disclosed the information previously withheld by virtue of that section. However, the complainant remained dissatisfied on the basis that he did not believe that all the relevant information had been disclosed. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold further information within the scope of the request. She requires no steps to be taken.
FOI 1: Not upheld

Citations:

[2016] UKICO FS50623908

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.572905

Kirklees Metropolitan Council (Local Government (District Council)) FS50630073: ICO 13 Dec 2016

ICO The complainant has requested information from Kirklees Metropolitan Council about any communications between the Council and the Crown Prosecution Service. The Council responded that no information was held. The complainant subsequently contested the Council’s response. The Commissioner’s decision is that the Council has failed to comply with section 1(1). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Issue a fresh response that complies with section 1(1) or issue a valid refusal notice under section 17. FOI 1: Upheld

Citations:

[2016] UKICO FS50630073

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573078

Kirklees Metropolitan Council (Local Government (District Council)) FS50630261: ICO 13 Dec 2016

ICO The complainant has requested information from Kirklees Metropolitan Council about the number of staff subject to disciplinary action over six years. The Council refused to comply with the request under section 12(1) of the Freedom of Information Act. The complainant subsequently contested the Council’s refusal. The Commissioner’s decision is that the Council has correctly applied the exclusion provided by section 12(1), and has also complied with the requirement of section 16(1) to provide advice and assistance. The Commissioner does not require any steps to be taken.
FOI 12: Not upheld FOI 16: Not upheld

Citations:

[2016] UKICO FS50630261

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573079

St Mary’s University (Education (University)): ICO 25 Oct 2016

The complainant has requested information from St Mary’s University (‘the University’) relating to the salaries of the English department for the period September 1970 – August 1980. The Commissioner’s decision is that the University does not hold the requested information. The Commissioner requires the University to take no steps.
FOI 1: Not upheld

Citations:

[2016] UKICO FS50639365

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.572909

Greater Manchester Police (Police and Criminal Justice): ICO 15 Dec 2016

ICO The complainant has requested a copy of a draft manuscript and any accompanying notes seized by Greater Manchester Police (‘GMP’) as evidence in a counter terrorism investigation in 2008. GMP refused the request, citing the exemption at section 30(1)(a) (investigations and proceedings) of the FOIA. The Commissioner’s decision is that GMP was entitled to rely on the exemption at section 30(1)(a). The Commissioner does not require GMP to take any further steps as a result of this decision.
FOI 30: Not upheld

Citations:

[2016] UKICO FS50593898

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573065

Foreign and Commonwealth Office (Central Government): ICO 9 Dec 2016

ICO The complainant submitted a request to the Foreign and Commonwealth Office (the FCO) for information related to allegations of breaches of international humanitarian law in Yemen. The FCO confirmed that it holds information relevant to the request. It repeatedly advised the complainant that it required further time to consider the public interest test. To date, the FCO has failed to provide the complainant with a substantive response. By failing to do so, the Commissioner has concluded that the FCO breached section 17(3) of the FOIA. The Commissioner requires the FCO to provide the complainant with a substantive response to their information request. If the FCO decides to withhold any information then the complainant should be provided with a refusal notice giving a full explanation as to why the information will not be disclosed, including details of any public interest consideration. 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 contempt.
FOI 10: Upheld FOI 17: Upheld

Citations:

[2016] UKICO FS50654815

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573062

University of Southampton (Education (University)): ICO 23 Nov 2016

ICO The complainant has requested information from the University of Southampton (University) relating to details regarding tenant’s deposits. The Commissioner’s decision is that the University did not deal with the request for information in accordance with section 10 of the FOIA as it failed to provide a response to the request within that statutory time frame of 20 working days. The Commissioner requires the University issue a response under the FOIA.
FOI 10: Upheld

Citations:

[2016] UKICO FS50646665

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573039

Baverstock Academy (Education (School)): ICO 1 Dec 2016

The complainant has requested from Baverstock Academy (the Academy) copies of minutes of different committees, along with communications with the Education Funding Agency (EFA) on financial matters. The Academy has provided some information in response to the request but withheld the remaining records under variously sections 22 (information intended for future publication), 30 (investigations and proceedings), 31 (law enforcement), 38 (health and safety), 40 (personal data), 41 (information provided in confidence), 42 (legal professional privilege) and 43 (commercial interests) of FOIA. The Commissioner’s decision is that, with the exception of information contained in two documents to which section 22 was incorrectly applied, the withheld information is subject to one of sections 40, 41, 42 or 43 of FOIA. In light of her findings, the Commissioner requires the Academy to disclose a complete copy of the EFA’s letter of 10 August and a redacted version of the EFA’s letter of 2 October 2015.
FOI 22: Upheld FOI 38: Not upheld FOI 40: Not upheld FOI 41: Not upheld FOI 42: Not upheld FOI 43: Not upheld

Citations:

[2016] UKICO FS50616065

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573046

BBC (Other) FS50639106: ICO 14 Dec 2016

ICO The complainant made a freedom of information request to the BBC for copies of the Monthly Performance Pack for the last three years and the 10 day report. The Commissioner’s decision is that the BBC has breached section 10(1) of FOIA by failing to provide a response within 20 working days. However, as a response has now been provided the Commissioner requires no steps to be taken.
FOI 10: Upheld

Citations:

[2016] UKICO FS50639106

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573047

Birmingham City Council (Local Government (City Council)): ICO 14 Dec 2016

ICO The complainant has requested information from Birmingham City Council regarding telephone calls placed by a housing officer to Solihull Mental Health NHS Foundation Trust. The council’s position is that it does not hold the information requested. The Commissioner’s decision is that the council was correct when it said that the requested information was not held. Therefore the Commissioner does not require the council to take any steps.
FOI 1: Not upheld

Citations:

[2016] UKICO FS50634625

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573049

Cardiff Council (Local Government (City Council)) FS50634294: ICO 5 Dec 2016

EW The complainant requested various items of information about advertising revenue generating street furniture structures known as advertising drums. Cardiff Council (‘the Council’) stated that it did not hold the information requested. The Commissioner’s decision is that, on the balance of probabilities the Council does not hold the requested information. However, in failing to respond to the requests within the statutory timescales the Council breached section 10 of the FOIA. The Commissioner does not require any steps to be taken.
FOI 1: Not upheld FOI 10: Upheld

Citations:

[2016] UKICO FS50634294

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573053

Cardiff Council (Local Government (City Council)) FS50616289: ICO 5 Dec 2016

ICO The complainant requested information about a re-shaping base budget exercise undertaken by Cardiff Council (‘the Council’). The Council (‘the Council’) provided some information but the complainant considered it had not provided all of the information he had requested. During the course of the Commissioner’s investigation, the Council acknowledged that it held additional information relevant to the request, but it considered the information to be exempt under sections 36(2)(b)(ii) and 36(2)(c).The Commissioner’s decision is that the Council has failed to demonstrate that either of these exemptions is engaged. The Commissioner requires the Council to disclose the requested information to the complainant.
FOI 36: Upheld

Citations:

[2016] UKICO FS50616289

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573052

Cabinet Office (Central Government): ICO 14 Dec 2016

ICO The complainant submitted a request to the public authority for copies of briefings prepared for The Parliamentary Secretary, Cabinet Office in advance of Parliamentary debates relating to the introduction of individual electoral registration by the last Coalition Government. The Commissioner has concluded that the public authority was not entitled to rely on the exemption contained at section 35(1)(a) FOIA because in all the circumstances of the case, the public interest in disclosure outweighs the public interest in maintaining the exemption.
FOI 35: Upheld

Citations:

[2016] UKICO FS50638099

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573051

BBC (Other) FS50646863: ICO 14 Dec 2016

ICO The complainant requested copies of all communications concerning information that was accidentally released by the BBC. The Commissioner’s decision is that the BBC has failed to provide a response to the request within the statutory time frame of 20 working days. She upholds the complaint but requires no further action to be taken as a response has now been provided to the complainant.
FOI 10: Upheld

Citations:

[2016] UKICO FS50646863

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573048

Staffordshire Police (Police and Criminal Justice): ICO 3 Nov 2016

ICO The complainant requested information following a fatal fire at a specified residential address in May 2002. Staffordshire Police confirmed it held some of the requested information but refused to disclose it under sections 30(1)(a) (investigations and proceedings conducted by public authorities), section 31(1)(g) (law enforcement) and section 38(1) (health and safety). The Commissioner’s decision is that the exemption at section 38 is engaged and that the public interest favours maintaining it; he has not therefore gone on to consider sections 30 or 31. Staffordshire Police is not required to take any steps.
FOI 38: Not upheld

Citations:

[2016] UKICO FS50628503

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573033

Redcar and Cleveland Borough Council (Local Government (Borough Council)): ICO 16 Nov 2016

The complainant submitted two requests to Redcar and Cleveland Borough Council (the Council) requesting information relating to two roads in the Council’s borough. The Council aggregated the requests and cited section 12 of the FOIA (cost of compliance exceeds the appropriate limit). The Commissioner’s decision is that the Council has correctly applied the exemption at section 12 of the FOIA where the cost of compliance exceeds the appropriate limit. However, the Commissioner has also decided that the Council did not provide adequate advice and assistance under section 16 of the FOIA. The Commissioner requires the Council to take the following step to ensure compliance with the legislation: provide the complainant with appropriate advice and assistance with regard to the requested information that can be provided, to enable an appropriately refined request to be made if necessary.
FOI 12: Not upheld

Citations:

[2016] UKICO FS50641564

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573025

National Archives (Central Government): ICO 14 Nov 2016

ICO The complainant made requests for information relating to vexatious requests. The National Archives (TNA) refused the request as vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that TNA has correctly applied the vexatious provision at section 14(1) of the FOIA. He does not require any steps to be taken.
FOI 14: Not upheld

Citations:

[2016] UKICO FS50629725

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573009

NHs Commissioning Board (NHS England) (Health (NHS)) FS50642845: ICO 10 Nov 2016

ICO The complainant has requested information on an investigation of a complaint. The Commissioner’s decision is that NHS England has breached section 10(1) of the FOIA because it did not provide a response to the request within 20 working days. NHS England has now responded and the Commissioner does not require it to take any further steps. The Commissioner’s decision is that NHS England has breached section 10(1) of the FOIA because it did not provide a response to the request within 20 working days. NHS England has now responded and the Commissioner does not require it to take any further steps.
FOI 10: Upheld

Citations:

[2016] UKICO FS50642845

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573011

NHS Commissioning Board (NHS England) (Health (NHS)): ICO 16 Nov 2016

ICO The complainant has requested information relating to information withheld in response to a previous request (NHS England reference number FOI010698). NHS England has failed to respond to this request for information. The Commissioner considers that 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:

[2016] UKICO FS50649385

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.573012