[2016] UKICO FS50624975
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568420

ICO The complainant has requested information relating to any meetings between the former Parliamentary Under Secretary of State for Health and Jeremy Hunt or senior civil servants about the report on doctors pay. The Department of Health identified a number of diary entries, narrative information and three notes of meetings which were relevant to the request but considered this information exempt on the basis of section 35(1)(a), 35(1)(d) and 40(2) where the information was the names of junior staff. The Commissioner’s decision is that the DoH has correctly applied section 35(1)(a) to withhold the three notes of meetings but that the public interest in the narrative of the meetings and the diary entries of the meetings favours disclosure. He also finds that the public interest in section 35(1)(d) favours disclosure in relation to this information. The Commissioner finds that section 40(2) does provide a basis for withholding some of the names from the narrative information and the diary entries.
FOI 35: Partly upheld FOI 40: Not upheld

[2016] UKICO FS50603751
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568417

[2016] UKICO FS50611001
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568419

The complainant submitted a request to the Cabinet Office for the submissions received by the Holocaust Commission as a result of its national call for evidence. The Cabinet Office withheld the submissions on the basis of the exemptions contained at the following sections of FOIA: section 36 (effective conduct of public affairs), 38 (health and safety), 40 (personal data) and 41 (information provided in confidence). The Commissioner has concluded that the submissions are exempt from disclosure on the basis of the sections 36(2)(b)(i) and (ii) and that in all of the circumstances of the case the public interest favours maintaining the exemptions.
FOI 36: Not upheld

[2016] UKICO FS50585445
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568397

ICO The complainant has requested information relating to the Airports Commission. The Cabinet Office refused to provide this citing section 35(1)(a) and section 40(2) as its basis for doing so. These exemptions relate to the formulation and development of government policy and the unfair disclosure of personal data. It upheld this position at internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on these exemptions as its basis for refusing to provide the requested information. No steps are required.
FOI 35: Not upheld FOI 40: Not upheld

[2016] UKICO FS50608015
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568400

ICO The complainant submitted a request to the Ministry of Justice (MoJ) seeking information about the consultation announced in 2011 to extend the Freedom of Information Act to awarding bodies. The MoJ withheld the requested information on the basis of sections 35(1)(a), 35(1)(b) and 40(2) of FOIA. Although the complainant submitted his request to the Ministry of Justice, following the move of policy responsibility for FOI to the Cabinet Office after the request, the Commissioner is satisfied that the Cabinet Office is the appropriate public authority upon which to serve this decision notice. The Commissioner has concluded that all of the withheld information falls within the scope of section 35(1)(a) and that for the majority of the information the public interest favours maintaining this exemption. However, for the remainder of the information the Commissioner has concluded that the public interest favours disclosing the information.
FOI 35: Partly upheld

[2016] UKICO FS50606009
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568399

ICO The complainant has requested any legal advice the Cabinet Office has received on the potential impact of TTIP (Transatlantic Trade and Investment Partnership). The Commissioner’s decision is that Cabinet Office has correctly relied on section 42(1) to withhold the requested information from the complainant. The Commissioner requires the public authority to take no steps to ensure compliance with the legislation.
FOI 42: Not upheld

[2016] UKICO FS50596845
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568398

[2016] UKICO FS50608640
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568361

ICO The complainant made a request to NHS England for information about disruption to the NHS 111 telephone service. NHS England failed to respond to the request. The Commissioner’s decision is that NHS England has breached section 10(1) of FOIA by failing to respond to the request. The Commissioner requires NHS England to disclose the requested information to the complainant or else issue a refusal notice in accordance with section 17 of FOIA.
FOI 10: Upheld FOI 17: Upheld

[2016] UKICO FS50628990
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568355

ICO The complainant requested information about guidelines in relation to a number of mobile speed camera sites and the name and contact details of the person who authorised the use of two specific sites. South Wales Police stated it did not hold some of the information requested, one request did not constitute a valid request and applied section 14(1) to two requests which it considered vexatious. During the course of the Commissioner’s investigation, South Wales Police withdrew reliance on section 14(1) in relation to one request and applied section 40(2) in the alternative. The Commissioner’s decision is that South Wales Police does not hold some of the information requested and that one of the requests was not valid as per section 8 of the FOIA. The Commissioner has also determined that South Wales Police has correctly applied section 40(2) to one request and section 14(1) to another request.
FOI 1: Not upheld FOI 8: Not upheld FOI 14: Not upheld FOI 40: Not upheld

[2016] UKICO FS50596075
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568372

ICO The complainant requested information about a reinvestigation into a complaint ordered by the Independent Police Complaints Commissioner (‘IPCC’), and the name and contact details of the person dealing with his information request. South Wales Police provided some information and confirmed that it did not hold any additional information. The Commissioner’s decision is that South Wales Police does not hold the information requested. However in relation to one of the requests, in failing to deny that it held any recorded information within 20 working days South Wales Police breached section 1 and 10 of the FOIA. The Commissioner does not require any steps to be taken.
FOI 1: Partly upheld FOI 10: Upheld

[2016] UKICO FS50595145
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568371

ICO The complainant made a request to NHS England for information regarding a review into the deaths of people with mental health and learning difficulties at the Southern Health Trust as well as information on another review into the commissioning of services for people with learning difficulties and autism. NHS England failed to respond to the request. The Commissioner’s decision is that NHS England breached section 10(1) of FOIA by failing to respond to the complainant’s request. The Commissioner requires the public authority to disclose the requested information to the complainant or else issue a refusal notice in accordance with section 17 of FOIA.
FOI 10: Upheld

[2016] UKICO FS50629416
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568356

ICO The complainant requested information from the Ministry of Justice (MoJ) relating to Employment Tribunals brought against the London Borough of Haringey. The MoJ responded to the request but the complainant believed that the MoJ must hold further information within the scope of the request. The Commissioner’s decision is that, on the balance of probabilities, no further relevant information is held. The Commissioner does not require the MoJ to take any steps.
FOI 1: Not upheld

[2016] UKICO FS50611036
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568347

ICO The complainant submitted a multi-part request to the Ministry of Justice (MoJ) requesting information relating to the prison estate population and the categorisation of prisoners. The MoJ refused to provide the requested information, citing section 12 of FOIA (cost of compliance exceeds the appropriate limit).The Commissioner’s decision is that the MoJ has correctly applied section 12. He requires no steps to be taken as a result of this decision.
FOI 12: Not upheld

[2016] UKICO FS50622682
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568350

ICO The complainant requested information from the Ministry of Justice (MoJ) relating to contracts with G4S and Serco. The MoJ confirmed it holds the requested information but refused to disclose it citing sections 31(1)(a), (c) and (g) of the FOIA (law enforcement – prejudice to the prevention or detection of crime, to the administration of justice and to the exercise by any public authority of its functions respectively). The Commissioner has investigated and concluded that none of the exemptions are engaged. The Commissioner requires the MoJ to disclose the withheld information.
FOI 31: Upheld

[2016] UKICO FS50616197
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568348

ICO (Local Government (City Council)) The complainant has requested Leeds City Council provide him with recorded information which relates to the Council’s handling of his complaints connected to a wall at Grange Cottage, Ledsham. The Council refused the complainants request in reliance on the exception to disclosure provided by Regulation 12(4)(b) of the EIR. The Commissioner’s decision is that Leeds City Council has properly applied Regulation 12(4)(b) to the complainant’s request and it is entitled to withhold any information it holds which is relevant to his request. The Commissioner requires the public authority to take no further action in this matter.
EIR 12(4)(b): Not upheld

[2016] UKICO FER0615064
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568336

ICO The complainant requested information relating to contact in 2009 between the then Lord Chief Justice, Lord Judge, and the then Lord Chancellor/ Minister of Justice, Jack Straw. To date he has not received a substantive response. The Commissioner’s decision is that the Ministry of Justice (the MoJ) has breached section 10(1) of the FOIA in that it failed to provide a response to the request within the statutory timeframe 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 FOI 17: Upheld

[2016] UKICO FS50629003
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568351

ICO (Local Government (City Council)) The complainant has requested recorded information from Leeds City council which concerns its Taxi and Private Hire Licensing Department. The Commissioner’s decision is that Leeds City Council is entitled to rely on section 12 of the FOIA. The Commissioner requires the public authority to take no further action in this matter.
FOI 12: Not upheld

[2016] UKICO FS50601247
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568337

ICO The complainant requested a copy of the index of the Employment Tribunal database. The Ministry of Justice (the ‘MOJ’) advised that it does not hold such an index. The Commissioner’s decision is that, on the balance of probabilities, the requested information is not held. He does not require the MOJ to take any remedial steps to ensure compliance with the legislation.
FOI 1: Not upheld

[2016] UKICO FS50620891
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568349

ICO (Local Government (City Council)) The complainant has requested correspondence between the council and a charitable organisation, Aspiring Communities, and its agents regarding a planning application to build a community centre in Beeston, Leeds. The council disclosed the majority of the information however it withheld the names of some individuals named in the correspondence, and also the contact details for some individuals. During the course of the Commissioner’s investigation the council disclosed further names to the complainant however it retained its reliance upon Regulation 12(3) for some individuals. The Commissioner’s decision is that the council has correctly applied Regulation 12(3) to some names, however the identity of other individuals should be disclosed. The Commissioner requires the public authority to disclose the names of individuals on the steering group who have already been identified on the Aspiring Communities website.
EIR 12(3): Partly upheld

[2016] UKICO FS50610566
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568338

ICO The complainant requested information relating to asylum policy guidance on discretionary leave. The Home Office failed to respond to the request and, in so doing, breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the Home Office to respond to the request.
FOI 1: Upheld FOI 10: Upheld

[2016] UKICO FS50627948
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568328

ICO The complainant requested information relating to the detention in Immigration Removal Centres of women who have disclosed that they are pregnant. The Home Office failed to respond substantively to this request and in so doing breached sections 1 and 10 of the FOIA and it is now required to respond to the request.
FOI 1: Upheld FOI 10: Upheld

[2016] UKICO FS50624827
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568327

ICO The complainant requested information relating to work carried out by a named Home Office official. The Home Office refused this request as vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that the Home Office cited section 14(1) correctly so it was not obliged to comply with this request.
FOI 14: Not upheld

[2016] UKICO FS50618360
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568326

ICO The complainant requested information relating to illegal immigration via Scottish ports. The Home Office refused to disclose this information and cited the exemption provided by section 31(1)(e) (prejudice to the operation of the immigration controls) of the FOIA. The Commissioner’s decision is that section 31(1)(e) was cited correctly so the Home Office was not obliged to disclose this information. The Commissioner has also found, however, that the Home Office breached section 17(1) of the FOIA by delaying its response to the request.
FOI 17: Upheld FOI 31: Not upheld

[2016] UKICO FS50616895
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568325