The complainant requested copies of two review reports concerning English language test suppliers and a review of the Life in the UK Test. The Home Office refused to disclose this information and cited the exemption provided by section 36(2)(c) (prejudice to the effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that the Home Office cited section 36(2)(c) correctly so it was not obliged to disclose this information.
FOI 36: Not upheld

[2016] UKICO FS50625733
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568526

ICO The complainant requested a copy of a file listed by the National Archives, but retained by the Home Office, concerning a request from the Garda Siochana to the Metropolitan Police for the services of an executioner. The Home Office disclosed some of this information, but withheld the remainder under the exemption provided by section 27(1)(a) (prejudice to international relations) of the FOIA. The Commissioner’s decision is that the Home Office cited section 27(1)(a) correctly so it was not obliged to disclose the withheld content. The Commissioner also found, however, that the Home Office breached section 17(1) of the FOIA by failing to respond to the request within 20 working days of receipt.
FOI 17: Upheld FOI 27: Not upheld

[2016] UKICO FS50624785
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568525

ICO The complainant requested information relating to the food items a particular prisoner was allowed to receive while in Wakefield prison. The Ministry of Justice (MoJ) refused to confirm or deny whether it held the requested information citing section 40(5) of the FOIA (personal information). The Commissioner’s decision is that the MoJ was entitled to rely on section 40(5)(b)(i). She requires no steps to be taken as a result of this decision notice.
FOI 40: Not upheld

[2016] UKICO FS50624855
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568530

ICO The complainant requested information relating to guidance issued by the Ministry of Justice (MoJ) to public authorities and information relating to MoJ’s Head of Disclosure Team. The MoJ refused to comply with the request under section 14(1) of the FOIA. The Commissioner’s decision is that MoJ has correctly applied section 14(1) to the request. She does not require any steps to be taken.
FOI 14: Not upheld

[2016] UKICO FS50603302
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568529

[2016] UKICO FS50618439
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568490

ICO The complainant asked the public authority to reveal whether a named company had ever submitted an application to the authority for permission to use the title ‘Royal’, a protected Royal title granted by the Sovereign acting on the advice of Her Ministers. The public authority decided that it was excluded from its duty to confirm or deny whether it held any information within the scope of the request by virtue of the exclusion contained at section 37(2) FOIA. The Commissioner has concluded that the public authority was entitled to rely on the exclusion contained at section 37(2) FOIA. No steps are required.
FOI 37: Not upheld

[2016] UKICO FS50621483
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568495

ICO The complainant submitted a request to the public authority for a copy of the citation used to support the award of an honour to Lin Homer by Her Majesty The Queen. The public authority withheld this information on the basis of the exemption at section 37(1)(b) FOIA (the conferring by the Crown of any honour or dignity). The Commissioner’s decision is that the public authority was entitled to rely on the exemption at section 37(1)(b). No steps are required.
FOI 37: Not upheld

[2016] UKICO FS50626167
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568496

ICO The complainant submitted a request to the public authority for documents and correspondence relating to any possible award of an honour to the late US artist Michael Jackson by Her Majesty The Queen. The public authority withheld the information held within the scope of the request on the basis of the exemption at section 37(1)(b) FOIA (the conferring by the Crown of any honour or dignity). The Commissioner’s decision is that the public authority was entitled to rely on the exemption at section 37(1)(b). No steps are required.
FOI 37: Not upheld

[2016] UKICO FS50629186
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568497

[2016] UKICO FS50616762
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568468

ICO The complainant requested information relating to the outsourcing of pensions administration by Staffordshire Police. In relation to some parts of the request Staffordshire Police disclosed information and provided explanations, but the complainant disputed whether Staffordshire Police had disclosed all information it held falling within the scope of those requests. Staffordshire Police refused one part of the request as vexatious under section 14(1) of the FOIA. In relation to those parts of the request where the complainant disputes whether Staffordshire Police identified all relevant information it holds, the Commissioner finds that it did identify all the relevant information and so complied with section 1(1)(a). In relation to the request where section 14(1) was cited, the Commissioner finds that this request was vexatious and so Staffordshire Police was not obliged to comply with it. Staffordshire Police is not required to take any steps.
FOI 1: Not upheld FOI 14: Not upheld

[2016] UKICO FS50620721
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568481

ICO The complainant has requested information from the London Borough of Southwark (‘the Council’) for a copy of leaseholder application forms for loan/charging orders in respect of debts for major works/service charge used between 2010 – 2015. The Commissioner’s decision is that the Council does not hold a copy of leaseholder application forms for the charging orders in respect of debts for major works/service charge used between 2010 – 2015. The Commissioner requires the Council to take no steps.
FOI 1: Not upheld

[2016] UKICO FS50636041
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568480

ICO The complainant has requested information from the London Borough of Southwark (the Council) for all the final orders of the Court in the 198 applications made by the Council in respect of the section146 notices on leaseholders in the period 1 April 2015 to 18 February 2016, and for the statement of case for each of the 198 leaseholder cases progressed to Court for the period 1 April 2015 to 18 February 2016. The Commissioner considers that the requests were vexatious and that section 14(1) was correctly engaged. The Commissioner requires the Council to take no steps.
FOI 14: Not upheld

[2016] UKICO FS50622296
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568479

ICO The complainant has requested information relating to an incident where it was alleged that Jeremy Clarkson assaulted a man. North Yorkshire Police neither confirmed nor denied holding the requested information by virtue of sections 30(3) (investigations) and 40(5) (personal information) of the FOIA. It also applied section 30(1)(a)( investigations and proceedings) of the FOIA. The Commissioner’s decision is that North Yorkshire Police has applied section 40(5) of the FOIA appropriately to the request. The Commissioner does not require North Yorkshire Police to take any steps as a result of this decision.
FOI 40: Not upheld

[2016] UKICO FS50606617
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568469

ICO The complainant requested information about the number of complaints made in relation to courts losing correspondence. Following clarification of the request, the Ministry of Justice (the ‘MOJ’) advised that the requested information is not held. During the Commissioner’s investigation, the MOJ revised its position to also rely on section 12, the cost exclusion of FOIA. The Commissioner’s decision is that, on the civil balance of probabilities, no electronic information is held. He also finds that the MOJ was correct to rely on section 12 in respect of any manually held information. However, as the MOJ failed to respond to the clarified request within 20 working days, it breached section 10(1) of FOIA. The Commissioner does not require the MOJ to take any remedial steps to ensure compliance with the legislation.
FOI 1: Partly upheld FOI 10: Upheld FOI 12: Not upheld

[2016] UKICO FS50616222
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568459

ICO The complainant requested information from the Home Office relating to customer satisfaction reports. To date he has not received a substantive response. The Commissioner’s decision is that the Home Office has failed to provide a response to the request within the statutory time frame of 20 working days. He requires it to comply with the request or issue a valid refusal notice as set out in section 17 of the FOIA.
FOI 10: Upheld

[2016] UKICO FS50629043
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568449

ICO The complainant requested a list of all transaction reports available to Her Majesty’s Courts and Tribunals Service (‘HMCTS’) Finance from the Ministry of Justice (the ‘MOJ’). The request was refused on cost grounds in accordance with section 12 of FOIA. The Commissioner’s decision is that the MOJ was correct to rely on section 12 of FOIA. She does not require the MOJ to take any remedial steps to ensure compliance with the legislation.
FOI 12: Not upheld FOI 16: Not upheld

[2016] UKICO FS50613290
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568458

ICO The complainant requested information relating to whether the UK citizenship of the first lady of Syria had been revoked. The Home Office refused to confirm or deny whether it held this information and cited the exemption provided by section 40(5) (personal information) of the FOIA. The Commissioner’s decision is that the Home Office cited section 40(5) correctly so it was not obliged to confirm or deny whether it held the requested information.
FOI 40: Not upheld

[2016] UKICO FS50620742
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568446

ICO The complainant requested information relating to County Court hearings involving a named claimant. The Ministry of Justice (MoJ) refused to provide the requested information citing section 32 (court records) of the FOIA. The Commissioner’s decision is that the MoJ was entitled to rely on sections 32(1)(a) and (c) to withhold the requested information. She does not require the MoJ to take any steps as a result of this decision.
FOI 32: Not upheld

[2016] UKICO FS50622426
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568460

ICO The complainant requested information relating to Immigration Removal Centres. The Home Office failed to respond to this request in accordance with the FOIA and in so doing breached sections 1(1) and 10(1) of the FOIA. It is now required to issue a fresh response to the request that complies with the FOIA. The Commissioner requires the Home Office issue a fresh response to the complainant that is compliant with the FOIA.
FOI 1: Upheld FOI 10: Upheld

[2016] UKICO FS50622627
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568447

ICO The complainant requested information relating to complaints made against a named District Judge. The Ministry of Justice (MoJ) refused to confirm or deny whether the information was held, citing sections 32(3) (court records), 40(5) (personal information) and 44(2) (prohibitions on disclosure) of FOIA. The Commissioner has investigated the MoJ’s application of section 44(2). His decision is that the MoJ has correctly applied that exemption on the basis that confirmation or denial was prohibited by section 139 of the Constitutional Reform Act 2005 (CRA). He requires no steps to be taken.
FOI 44: Not uphel

[2016] UKICO FS50630019
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568464

ICO The complainant requested the names of individuals appointed by the Secretary of State to each Independent Monitoring Board for each prison and Young Offenders Institution. The Ministry of Justice (the ‘MOJ’) refused to provide the requested information, citing section 40(2), the exemption for personal information, of FOIA. The Commissioner’s decision is that the MOJ has correctly relied on section 40(2) in relation to this request. He does not require the MOJ to take any steps.
FOI 40: Not upheld

[2016] UKICO FS50625834
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568462

ICO The complainant requested information relating to County Court hearings involving a named claimant. The Ministry of Justice (MoJ) refused to provide the requested information citing section 32 (court records) of the FOIA. The Commissioner’s decision is that the MoJ was entitled to rely on sections 32(1)(a) and (c) to withhold the requested information. She does not require the MoJ to take any steps as a result of this decision.
FOI 32: Not upheld

[2016] UKICO FS50623556
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568461

ICO The complainant requested information relating to a Memorandum of Understanding (MoU) between the United Kingdom and the Kingdom of Saudi Arabia. The Ministry of Justice (MoJ) confirmed it held the requested information but refused to provide it citing sections 27(1) and 27(2) of the FOIA (international relations). The Commissioner’s decision is that the information is exempt from disclosure on the basis of section 27(1)(a) of the FOIA and that in all the circumstances of the case the public interest favours maintaining the exemption. The Commissioner did not proceed to consider the MoJ’s application of section 27(2) to the same information. The Commissioner does not require the MoJ to take any steps as a result of this decision.
FOI 27: Not upheld

[2016] UKICO FS50628791
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568463

ICO The complainant requested previously unpublished content from the report ‘The Yorkshire Ripper Case: Review of the Police Investigation of the Case’. The Home Office refused to disclose this information and cited the exemptions provided by the following sections of the FOIA: 31(1)(a) (prejudice to the prevention or detection of crime), 31(1)(b) (prejudice to the apprehension or prosecution of offenders), 31(1)(c) (prejudice to the administration of justice), 38(1) (endangerment to health and safety) and 40(2) (personal information). The Commissioner’s decision is that sections 31(1)(a), (b) and (c) were cited correctly in relation to some of the content, but that other parts of the content should be disclosed. The Commissioner also finds that sections 38(1) and 40(2) were cited correctly in relation to some limited parts of the content. The Home Office is now required to disclose the withheld information, minus the content which he has found exempt.
FOI 31: Upheld FOI 38: Not upheld FOI 40: Not upheld

[2016] UKICO FS50623441
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568448

The complainant requested information relating to complaints made against a named Circuit Judge. The Ministry of Justice (MoJ) refused to confirm or deny whether the information was held, citing sections 32(3) (court records), 40(5) (personal information) and 44(2) (prohibitions on disclosure) of FOIA. The Commissioner has investigated the MoJ’s application of section 44(2). His decision is that the MoJ has correctly applied that exemption on the basis that confirmation or denial was prohibited by section 139 of the Constitutional Reform Act 2005 (CRA). He requires no steps to be taken.
FOI 44: Not upheld

[2016] UKICO FS50632953
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568465

ICO The complainant requested information relating to complaints made against a named Deputy District Judge. The Ministry of Justice (MoJ) refused to confirm or deny whether the information was held, citing sections 32(3) (court records), 40(5) (personal information) and 44(2) (prohibitions on disclosure) of FOIA. The Commissioner has investigated the MoJ’s application of section 44(2). His decision is that the MoJ has correctly applied that exemption on the basis that confirmation or denial was prohibited by section 139 of the Constitutional Reform Act 2005 (CRA). He requires no steps to be taken.
FOI 44: Not upheld

[2016] UKICO FS50633287
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568466

ICO The complainant requested information relating to an error made in the calculations for a new model for police funding. The Home Office refused to disclose this information and cited the exemption provided by section 35(1)(a) (formulation or development of government policy) of the FOIA. The Commissioner’s decision is that the Home Office cited section 35(1)(a) correctly so it was not obliged to disclose the requested information.
FOI 35: Not upheld

[2016] UKICO FS50618384
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568445

[2016] UKICO FS50602171
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568413

[2016] UKICO FS50603125
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568408