SIC The Global Alliance Against Industrial Aquaculture (GAAIA) asked the Scottish Ministers (the Ministers) for sea lice data for all salmon farms in Scotland since 2000. Some information was provided to GAAIA. The Ministers withheld the remaining information under the Environmental Information (Scotland) Regulations 2004, as they considered disclosure would prejudice substantially the interests of … Continue reading Global Alliance Against Industrial Aquaculture v Scottish Ministers: SIC 19 Feb 2013
The complainant requested information in connection with a speech given by a councillor concerning planning policy. Fenland District Council provided some information and said that no other information was held apart from legal advice which had been withheld under section 42(1) of the Freedom of Information Act 2000 because it was covered by legal professional … Continue reading Fenland District Council (Decision Notice): ICO 16 Feb 2012
The complainant requested a copy of a report presented to St Ives Council by a member of the public relating to the exclusion of dogs on certain beaches in St Ives. The council refused to supply the information, citing exemptions under the Freedom of Information Act 2000. The Commissioner considered that the request should have … Continue reading St Ives Town Council (Decision Notice): ICO 12 Feb 2013
The complainant asked the public authority for information relating to a specific planning issue. The public authority withheld it under section 42 of the Freedom of Information Act 2000 (section 42) claiming legal professional privilege and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. The Commissioner found … Continue reading Forest Heath District Council (Decision Notice): ICO 10 Jul 2007
The complainant requested copies of all minutes and correspondence held by Denmead Parish Council relating to Hampshire Alliance for Rural Affordable Homes and landowners at a particular address covering the last 12 months. The Council initially refused to provide information, stating that the information held was exempt under section 41 of the Freedom of Information … Continue reading Denmead Parish Council (Decision Notice): ICO 3 Jun 2010
The complainant made two sets of requests to the Queen’s College for information principally relating to the proposed sale of land at Keresley, which formed part of larger plans for a residential development. The public authority responded by stating that, for most parts of the request, it did not hold recorded information. Where any information … Continue reading Queens College (Decision Notice): ICO 8 Aug 2011
The complainant wrote to the Environment Agency to request information regarding the Hendon Sewage Treatment Works. The Environment Agency refused the request under section 14 of the Freedom of Information Act 2000 on the grounds that it was vexatious. The complainant subsequently complained to the Commissioner who found that the request was for environmental information … Continue reading Environment Agency (Decision Notice): ICO 17 Feb 2009
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
The complainant asked the public authority for a copy of legal advice supplied to it by its legal adviser in connection with a planning issue. The public authority withheld it under section 42 of the Freedom of Information Act 2000 claiming legal professional privilege and that the public interest in maintaining the exemption outweighed the … Continue reading Harlow Council (Decision Notice): ICO 12 Feb 2007
The complainant made fifteen requests for information to the Council over a period of three months. The complainant requested information concerning a planning application submitted by his neighbour, subsequent complaints he had made about the matter, and other related information. Some of the requests were for information which falls within the definition of environmental information … Continue reading Wokingham District Council (Decision Notice): ICO 3 Jan 2007
The complainant requested information from Basildon District Council relating to the removal of specific traveller sites. The Council initially withheld the information using section 43 of the Freedom of Information Act 2000. At the internal review stage, it sought to withhold the information using the additional exemptions under section 31, 38 and 41. The Information … Continue reading Basildon District Council (Decision Notice): ICO 28 Feb 2011
The complainant made a request for information to Yaxley Parish Council on 9 February 2010. The Council refused to comply with the request on the grounds that it considered it to be vexatious under section 14 of the Freedom of Information Act 2000. The Commissioner investigated and found that requested information was environmental and should … Continue reading Yaxley Parish Council (Decision Notice): ICO 20 Jan 2011
The complainant requested information from Stockport Metropolitan Borough Council relating to the issue of redundant school land not meeting expectations in the current financial crisis. The Council refused to comply with the request on the grounds that it considered it to be vexatious under section 14 of the Freedom of Information Act 2000. However, the … Continue reading Stockport Metropolitan Borough Council (Decision Notice): ICO 10 Nov 2009
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999
Following the conclusion of a public inquiry concerning the proposed Port of Exeter Harbour Revision Order, the complainant asked to be provided with a copy of the Inspector’s report before the Secretary of State for Transport makes his decision about whether or not to approve it. The Planning Inspectorate initially dealt with the request under … Continue reading Department for Communities and Local Government (Decision Notice): ICO 26 Nov 2009
ICO The complainant has requested various items of information in relation to highways, access and other material planning matters concerning the development of new housing on a specified area of land in Newport, Pembrokeshire. The complainant expressed a preference to receive the information electronically. Pembrokeshire County Council (‘the Council’) informed the complainant that the information … Continue reading Pembrokeshire County Council (Local Government (County Council)): ICO 12 Nov 2015
ICO Local government (Parish council) The complainant requested to know the reason for the exclusion of the press and public from parts of the meetings of Codsall Parish Council (‘the council’) as well as the outcomes or resolutions. The council indicated the general reason why the press and public had been excluded but it said … Continue reading Codsall Parish Council (Local Government (Parish Council)): ICO 1 Oct 2015
ICO (Central Government) The complainants requested information from the Department for Communities and Local Government (‘DCLG’) relating to a complaint they had made about Arun District Council (‘the council’). DCLG refused to respond to the requests on the basis that they were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). … Continue reading Department for Communities and Local Government – FS50559640: ICO 23 Jul 2015
ICO The complainant requested various items of information from East Devon District Council (‘the council’) relating to the council’s proposed relocation from Knowle. The council responded to the requests by supplying internet links to information it had already published on its website. It subsequently said that some information was excepted under regulation 12(4)(e), 12(5)(b) and … Continue reading East Devon District Council (Local Government (District Council)): ICO 12 May 2015
The complainant requested information about the East Marsh wind turbine survey. The council handled the request under the Freedom of Information Act 2000 (FOIA) and disclosed some of the requested information, but withheld the remainder as personal data citing section 40(2) and additionally section 41(1) of the Act. The Commissioner finds that the Council should … Continue reading Hackney London Borough Council (Decision Notice): ICO 23 Jun 2011
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments. Held: The appeal failed (Majority). The A-G had not been free to rely upon section 53 to issue a certificate avoiding the requirement to disclose the … Continue reading Evans and Another, Regina (on The Application of) v Attorney General: SC 26 Mar 2015
The complainant made a request for information to Northumberland County Council relating to proposals to install bus stops. The request contained a number of points. In relation to point 1 of the request, the council said that it could neither confirm nor deny whether the information was held and it cited the exemption under section … Continue reading Northumberland County Council (Decision Notice) FS50381566: ICO 21 Sep 2011
The complainant requested all email communication to or from the Chief Executive of Knowsley Metropolitan Borough Council that mentions Everton in May and June 2008. Some relevant information was disclosed however the Council withheld one email using the exemption under section 36 of the Freedom of Information Act 2000. The Information Commissioner investigated and decided … Continue reading Knowsley Metropolitan Borough Council (Decision Notice): ICO 26 Jan 2011
The complainant submitted a request for information about properties that had been advertised for employment uses, or were the subject of applications for a change of use under various Council policies. The Council initially attempted to levy a charge for this information. Subsequently, the Council provided the complainant with some information but informed him that … Continue reading Northumberland County Council (Decision Notice): ICO 31 Jan 2011
ICO The complainant requested information relating to a planning application to demolish property used by Redcar and Cleveland College (the ‘College’) for redevelopment purposes. Redcar and Cleveland Borough Council (the ‘Council’) claimed that most of the information sought was already available for public inspection. It asserted that the remainder consisted of – pre-application discussions – … Continue reading Redcar and Cleveland Borough Council (Decision Notice): ICO 17 Sep 2007
ICO The complainant requested copies of correspondence exchanged between The Prince of Wales and government ministers at the public authority over an eight month period. The complainant also requested a list and schedule of this correspondence. The public authority initially relied on the interaction of sections 37(1)(a) and 37(2) to refuse to confirm or deny … Continue reading Department of Health (Decision Notice): ICO 21 Dec 2009
ICO The complainant requested information from Tenterden Town Council relating to the ‘Tenterden Southern Extension’). The council provided some information however it sought to withhold information using various exemptions under the Freedom of Information Act 2000 (‘the FOIA’). Following the Commissioner’s intervention, the council reconsidered the request under the Environmental Information Regulations 2004 (‘the EIR’) … Continue reading Tenterden Town Council (Decision Notice): ICO 26 Sep 2012
In July 2005 the complainant requested information from Network Rail under the Environmental Information Regulations 2004 regarding plans for the use of a branch line but received no response. The Information Commissioner took the opportunity afforded by this and another case (FER0087031) to clarify the status of Network Rail as a public authority under both … Continue reading Network Rail (Decision Notice) FER0071801: ICO 26 Jul 2006
ICO The complainant requested information from Cleveland and Redcar Borough Council relating to the construction of sea defences in Coatham. The Council disclosed some information about the project, but did not fully meet the information request. In addition, it did not confirm or deny that it held any other information in respect of this case … Continue reading Redcar and Cleveland Borough Council (Decision Notice): ICO 17 Feb 2009
ICO The complainant submitted a seven-part request to the Department of Health concerning the correspondence which the DH may have exchanged with HRH The Prince of Wales and His Royal Highness’representatives. The DH initially refused to confirm or deny whether it held information falling within the scope of the request in reliance on section 37(2) … Continue reading Department of Health (Decision Notice): ICO 30 Mar 2010
ICO The complainant requested information concerning housing jobs carried out by the council’s Housing Department. Exeter City Council ) refused to provide the information, relying on the exemption relating to personal information and the exclusion relating to costs under the Freedom of Information Act 2000. During the Commissioner’s investigation, the council also introduced an exemption … Continue reading Exeter City Council (Decision Notice): ICO 13 Dec 2011
ICO The complainant requested operational and safety information from the Isle of Wight Council relating to the Isle of Wight Festival. The council provided some information, said that some was not held and withheld other information using the exemptions under section 38, 40 and 41 of the Freedom of Information Act 2000. The Commissioner asked … Continue reading Isle of Wight Council (Decision Notice): ICO 30 Apr 2013
In March 2005 the complainant requested information from Network Rail under the Data Protection Act 1998 regarding flooding adjacent to a railway line. Network Rail refused the request under the Data Protection Act and did not treat it as a request for information under the Freedom of Information Act 2000 or the Environmental Information Regulations … Continue reading Network Rail (Decision Notice) FER0087031: ICO 26 Jul 2006
ICO The complainant requested information relating to the independent valuation of a number of properties. The valuations had been obtained because the Council wished to purchase the properties as part of a redevelopment scheme. The Council refused to provide the information, citing the exclusions under section 12(1), 14(1) and 14(2). It also sought to rely … Continue reading Hartlepool Borough Council (Decision Notice): ICO 16 May 2011
ICO The complainant requested legal advice received by the public authority concerning the possible diversion of a footpath. The public authority refused this request, citing the exemption provided by section 42(1) (legal professional privilege) of the Freedom of Information Act 2000. The Commissioner finds that the information requested is environmental and so the request should … Continue reading Gateshead Council (Decision Notice): ICO 7 Apr 2011
ICO The complainant requested information from Manchester City Council (‘the council’) about any Traffic Regulation Orde (‘TROs’) in place on Peter Street in Manchester City Centre relating to parking and no loading dual purpose bays. The complaint also requested any internal correspondence or works orders regarding signage of the dual purpose bays. The council disclosed … Continue reading Manchester City Council (Decision Notice): ICO 22 May 2013
The complainant requested legal advice obtained by Brighton and Hove City Council (the council). The council withheld the information on the basis that it was covered by legal professional privilege and was therefore either exempt under section 42(1) of the Freedom of Information Act 2000 (the FOIA) or excepted under regulation 12(5)(b) of the Environmental … Continue reading Brighton and Hove City Council (Decision Notice): ICO 26 Mar 2013
ICO The applicant submitted a request to the public authority on 3 April 2005 for copies of the questionnaires it had received as part of the Thames Gateway Bridge public consultation. The public authority dealt with the request under the Freedom of Information Act 2000 and responded that it would be unable to supply all … Continue reading Transport for London (Decision Notice): ICO 29 Nov 2006
The complainant has requested legal guidance held by the council relating to its application of vehicle weight restrictions to parts of the A36 for an 18 month trial period. The council refused the information on the grounds that the information was subject to legal professional privilege under section 42 of the Freedom of Information Act … Continue reading Bath and North East Somerset Council (Decision Notice): ICO 4 Apr 2012
Questions on Entry must be answered B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that Schedule. She appealed, saying that … Continue reading Beghal v Director of Public Prosecutions: SC 22 Jul 2015
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008
No General ty of Care Owed by Police The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members of the public who might … Continue reading Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to a defendant in its conduct of a prosecution. The court must not confuse the immunity rule which … Continue reading Elguzouli-Daf v Commissioner of Police of the Metropolis and Another: CA 16 Nov 1994
The complainant requested information from the public authority relating to reports prepared by the environmental health officers of Bridgend County Borough Council in respect of John Tudor and Sons, a large scale meat supplier based in the . .
The complainant requested information concerning an allotment plot from Fleetwood Town Council. The council withheld some information using section 42(1) of the Freedom of Information Act 2000 on the basis that it was subject to legal advice . .
The complainant requested copies of the legal advice received by Gloucestershire County Council relating to badger culling. The council refused to provide the information using section 42(1) of the Freedom of Information Act 2000. This exemption . .
The complainant requested a number of items relating to the maintenance of a septic tank serving his property and maintained by Bridgnorth District Council. The Council refused the request and cited the exemption under section 12 of the Freedom of . .
A party applied to the council for disclosure of various contractual documents. The Council decided that it was obliged to disclose them. The owner objected saying that they were confidential.
Held: The request for review failed. The phrases . .
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