Category: Information

Environment Agency (Central Government ): ICO 27 Jan 2016

ICO The complainant has requested from the Environment Agency (the EA) the amount of evidence (measured in tonnes) of Waste Electrical and Electronic Equipment (WEEE) met through the use of the Compliance Fee broken down by category and the identity of the Producer Compliance Schemes (PCSs) that made use of the Compliance Fee to meet their obligations. The Environment Agency has withheld the requested information under Regulation 12(5)(e) of the EIR on the basis that disclosure would adversely affect the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest. The Commissioner’s decision is that the Environment Agency has successfully applied Regulation 12(5)(e) of the EIR.
EIR 12(5)(e): Not upheld

[2016] UKICO FS50581665
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560804

Department for Environment Food and Rural Affairs (Central Government ): ICO 27 Jan 2016

ICO The complainant has requested information from the Department for Environment, Food and Rural Affairs (‘Defra’) relating to Prince’s Consent. The Commissioner’s decision is that Defra has correctly applied regulation 12(4)(b) of the EIR and section 12(1) and section 12(2) of the FOIA to the request. However, Defra has breached regulation 11 as it failed to provide an internal review within 40 working days. The Commissioner requires Defra to take no steps.
FOI 12: Not upheld EIR 12(4)(b): Not upheld EIR 11: Upheld

[2016] UKICO FS50572165
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560798

Durham County Council (Local Government (County Council)): ICO 26 Jan 2016

ICO The complainant has requested legal advice relating to a planning application. Durham County Council refused the request under the exception to adverse affect to the course of justice (regulation 12(5)(b). The Commissioner’s decision is that Durham County Council has correctly withheld the information under regulation 12(5)(b) and that the public interest favours maintaining the exception. The Commissioner does not require the public authority to take any steps.
EIR 12(5)(b): Not upheld

[2016] UKICO FER0601925
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560802

Birmingham City Council (Local Government (City Council)) FS50597770: ICO 26 Jan 2016

ICO The complainant has requested a copy of a funding grant offer made to First Press (Plastic Moulders) Ltd. The Commissioner’s decision is that Birmingham City Council has incorrectly applied both the exemption where disclosure would prejudice commercial interests at section 43(2) of the FOIA and the exemption for information provided in confidence at section 41 of the FOIA. The Commissioner requires the public authority to disclose the information redacted from the requested funding offer letter. The public authority must take this step 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.
FOI 41: Upheld FOI 43: Upheld

[2016] UKICO FS50597770
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560780

Cheshire West and Chester Council (Local Government (County Council)): ICO 25 Jan 2016

ICO The complainant requested from Cheshire West and Chester Council (‘the council’) confirmation that an agreement had been made and if so, a copy of the fully signed and certified lease agreed between Cheshire Academies Trust and the council. The complainant alleged that the council had not responded. The council explained to the Commissioner that it considered that it had responded, and had provided the information, albeit that it had provided it in response to an earlier, related request. The complainant continued to allege that the council had not provided the information. The Commissioner’s decision is that the council did not identify and provide all the relevant recorded information within 20 working days in accordance with its obligations under the Freedom of Information Act 2000 (‘the FOIA’). It therefore breached its obligations under section 10(1), 1(1)(a) and 1(1)(b). The Commissioner was satisfied that on the balance of probabilities no further information was held within the scope of the request. He does not require any steps to be taken.
FOI 1: Upheld FOI 10: Upheld

[2016] UKICO FER0583321
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560787

BBC (Other): ICO 21 Jan 2016

ICO The complainant requested the cost of entries to the Sony Radio Academy Awards. 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 did not fall inside FOIA. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

[2016] UKICO FS50608398
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560777

Birmingham City Council (Local Government (City Council)) FER0598170: ICO 26 Jan 2016

ICO The complainant has requested to view a copy of an application form made by his neighbour to the council under the Building Regulations 2010 relating to a loft conversion. The council applied Regulation 13(1) to withhold the information (personal data). The Commissioner’s decision is that council has correctly applied Regulation 13(1) to the information. The Commissioner does not require the council to take any steps.
EIR 13(1): Not upheld

[2016] UKICO FER0598170
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560778

Cheshire West and Chester Council (Local Government (County Council)): ICO 13 Jan 2016

ICO The complainant requested information from the council on where within a particular planning file it states that part of a listed boundary wall could be destroyed. The council initially said that the request was not valid. During the Commissioner’s investigation, the council clarified that it did not hold the specific information requested. The Commissioner accepts that on the balance of probabilities this was the case. He has found breaches of 14(2) and 14(3) of the Environmental Information Regulations 2004 (‘the EIR’) because the council did not refuse the request properly. There are no steps to take.
EIR 5(1): Not upheld EIR 5(2): Not upheld EIR 14(2): Upheld EIR 14(3): Upheld

[2016] UKICO FER0588051
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560788

BBC (Other): ICO 18 Jan 2016

ICO The complainant requested the number of seats available for each ‘Strictly Come Dancing’ recording. 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

[2016] UKICO FS50605213
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560776

Cheshire West and Chester Council (Local Government (County Council)): ICO 26 Jan 2016

ICO The complainant has requested recorded information which concerns the conversion of Mill View Primary School to an independent academy. Cheshire West and Chester Council (‘the Council’) disclosed information to the complainant which is relevant to his request but withheld personal data in reliance on section 40(2) of the FOIA. The Commissioner’s decision is that the Council has correctly applied section 40(2) to the majority of the information which it has withheld from the complainant. However, the Commissioner has identified one item of withheld information which concerns the complainant himself and therefore he finds that this should have been refused in reliance on section 40(1). The Commissioner has also decided that the Council has breached section 10 of the FOIA by failing to respond to the complainant’s request within the twenty day compliance period.
FOI 10: Upheld FOI 40: Not upheld

[2016] UKICO FS50590021
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560791

Cheshire West and Chester Council (Local Government (County Council)): ICO 21 Jan 2016

ICO The complainant has requested information relating to a tender for a Sexual Health Contract. Cheshire West and Chester Council disclosed some information and withheld other information under the exemption for prejudice to commercial interests (section 43(2) of the FOIA). The Commissioner’s decision is that Cheshire West and Chester Council failed to respond to the request within 20 working days and breached section 10(1) and Section 17(1) of the FOIA; failed to demonstrate that section 43(2) was engaged in relation to the supplier identified in the confidential annex to this decision notice, correctly applied section 43(2) to the other suppliers but that the public interest favours disclosing the information. The Commissioner requires the public authority to disclose all the withheld information to the complainant.
FOI 10: Upheld FOI 17: Upheld FOI 43: Upheld

[2016] UKICO FS50585307
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560790

Birmingham City Council (Local Government (City Council)) FS50569974: ICO 26 Jan 2016

ICO The complainant has requested information in relation to an incident that happened within his block of flats. The council provided some information to part of his request and refused to provide the CCTV footage as it considered it third party personal data. Following a complaint to the Commissioner, it was clarified that it was not the CCTV footage, but the timeframes of the incidents that the complainant was seeking for the parts refused by the council. The council, after clarification of what was actually being sought, no longer looked to refuse the request as third party personal data and provided the timeframe for one of the 3 incidents, and stated the information was not held for the other two. Following enquiries by the Commissioner, his decision is that the council does hold information in order to provide a response to parts 1 and 3 of the request and is satisfied with the time provided for part 2 of his request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response to the complainant with regards to parts 1 and 3 of his request as outlined in paragraph 30 and 31 of this decision notice. 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 a contempt of court.
FOI 1: Upheld

[2016] UKICO FS50569974
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560779

Camden Council (Local Government (District Council)): ICO 21 Jan 2016

ICO The complainant has requested information concerning the contract(s) between the London Borough of Camden (the ‘Council’) and a named contractor regarding the draught proofing of windows in street properties in Camden. The Council has refused the request as vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that the Council has correctly applied section 14(1) to this request. There are no further steps to be taken.
FOI 14: Not upheld

[2016] UKICO FS50610423
Bailii
England and Wales

Information

Updated: 11 January 2022; Ref: scu.560784

BBC (Decision Notice): ICO 4 Jul 2006

The complainant requested all papers and information regarding a complaint he had previously made. The BBC responded claiming that the information had been destroyed in line with their retention schedule. The complainant then widened his request to include information relating to the destruction of this complaint file; however the BBC misunderstood this element of the request and did not confirm that they held this information. The Commissioner is satisfied that the information requested initially is not held, by he finds the BBC in breach of section 1 of the Act with regard to the widened request and requires that they take steps to remedy this. The Information Tribunal has ruled on this decision and has dismissed this appeal.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, FOI 1 – Complaint Upheld

[2006] UKICO FS50087682
Bailii
England and Wales

Information

Updated: 10 January 2022; Ref: scu.533479

Department for International Development (Decision Notice): ICO 23 Jun 2011

The complainant requested information relating to the performance reviews of overseas projects sponsored by the public authority. The public authority withheld the information within the scope of the request on the basis of all the exemptions at section 27(1) (international relations), the exemptions at sections 36(2)(b) (i) and (ii) (free and frank provision of advice and exchange of views) and 36(2)(c) (prejudice to effective conduct of public affairs), the exemptions at sections 38(1) (a) and (b) (health and safety), the exemptions at sections 40(2) (personal data) and 43(2) (commercial interests). The Commissioner found part of the information was correctly withheld on the basis of sections 36(2)(b) (i) and (ii) and in all the circumstances of the case the public interest in maintaining the exemptions outweighed the public interest in disclosure. He also found that section 40(2) applied to some of the information. He however found that none of the other exemptions applied in relation to the remainder of the information and he has therefore ordered the relevant information to be disclosed. The Commissioner also found the public authority in procedural breach of the Act.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 27 – Complaint Upheld, FOI 36 – Complaint Partly Upheld, FOI 38 – Complaint Upheld, FOI 40 – Complaint Upheld, FOI 43 – Complaint Upheld

[2011] UKICO FS50298307
Bailii
England and Wales

Information

Updated: 10 January 2022; Ref: scu.530532

BBC (Decision Notice): ICO 23 Aug 2011

ICO The complainant requested all the information that the public authority held about the 2010 World Cup in South Africa, including complaints that it received. The BBC stated that the requested information fell outside the scope of the Act because it is information held for the purposes of journalism, art or literature. The Commissioner’s decision is that the requested information is genuinely held for the purposes of journalism. Therefore the BBC is not obliged to comply with Parts I to V of the Act.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

[2011] UKICO FS50363611
Bailii
England and Wales

Information

Updated: 10 January 2022; Ref: scu.530706

Warwickshire County Council (Decision Notice) FS50371802: ICO 31 May 2011

The complainant asked the public authority to provide information relating to her pension statement and the dates it reached Warwickshire County Council and herself. The public authority did not respond to this request as it was relying on a previous refusal notice citing the exclusion at section 14 of the Freedom of Information Act 2000, which relates to vexatious and repeated requests. In reaching a decision in respect of this complaint, the Commissioner has taken account of the reasoning and analysis of the same history and context he considered in a previous similar complaint from the complainant (Decision Notice reference FS50348852) in which he upheld Warwickshire County Council’s decision to apply section 14(1) to that request. The Commissioner has found that section 14(1) also applies in this case and has therefore not upheld the complaint. Information Tribunal appeal number EA/2011/0133 dismissed.
Section of Act/EIR and Finding: FOI 14 – Complaint Not upheld

[2011] UKICO FS50371802
Bailii
England and Wales

Information

Updated: 10 January 2022; Ref: scu.530491

BBC (Decision Notice): ICO 30 May 2007

The complainant requested information concerning loans made between subsidiaries of the public authority. In response to this, the public authority stated that its subsidiaries are not covered by the Act. The Commissioner finds that wholly owned subsidiaries of the public authority are not subject to the Act and, therefore, information held by these subsidiaries cannot be accessed via the Act. The Commissioner also finds that recorded information falling within the scope of the request is not held by the public authority.
FOI 6: Not upheld

[2007] UKICO FS50082246
Bailii
England and Wales

Information

Updated: 10 January 2022; Ref: scu.532920