Whether information held – section 1 [2014] UKFTT 2012 – 0147 (GRC) Bailii Freedom of Information Act 2000 1 England and Wales Information Updated: 24 December 2021; Ref: scu.540424
Whether information held s.1 Callender Smith TJ [2014] UKFTT 2014 – 0128 (GRC) Bailii Freedom of Information Act 2000 Information Updated: 24 December 2021; Ref: scu.540417
Whether information is held by Buckinghamshire County Council (BCC) – arises from a planning application for a proposed waste incinerator and correspondence which began in October 2012 between Mr Kenneth Kolb (the Appellant) and BCC. 2. Essentially the Appellant believes that BCC held and continues to hold information that it has not disclosed to him. … Continue reading Jonathan Brain v Information Commissioner (Dismissed Freedom of Information Act 2000): FTTGRC 15 Sep 2014
Information Rights : Freedom of Information – Exceptions – Mr Mackenzie made a three-part request under the Freedom of Information Act 2000 (FOIA) to the Metropolitan Police for data about joint agency operations which included surveillance. The Metropolitan Police took the view that responding to the request would exceed the section 12 cost limit. Mr … Continue reading Commiissioner of Police for The Metropolis v The Information Commissioner, Donnie Mackenzie: UTAA 22 Oct 2014
ECHR Article 10-1 Freedom of expression Journalist dismissed for publishing a book criticising his employer in breach of confidentiality clause: violation Facts – The applicant was a Hungarian journalist employed by the State television company. In 2004 he was dismissed for breaching a confidentiality clause after he published a book concerning alleged censorship by a … Continue reading Matuz v Hungary: ECHR 21 Oct 2014
Application to have claim struck out by consent. [2014] UKFTT 2014 – 0066 (GRC) Bailii The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009 Citing: See Also – Cubells, Regina (on The Application of) v Independent Police Complaints Commission CA 15-Oct-2012 The claimant’s mother had died in hospital. The claimant said that she had … Continue reading Cubells v Information Commissioner (The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009): FTTGRC 17 Jul 2014
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
ICO Decision Notice – The complainant has requested information relating to the possible development of Salters Field. Aldenham Parish Council dealt with the request under the Freedom of Information Act 2000 (FOIA) and withheld the requested information because it was ‘commercially sensitive’. The council’s internal review upheld its initial handling of the request. The Commissioner’s … Continue reading Aldenham Parish Council: ICO 9 Jul 2012
ICO The complainant has requested from the Department of Health Information about the public authority’s procedures around Summary Care Records. The DoH provided some information, applied section 21(1) to other information and explained that it did not hold any more information. The complainant referred this matter to the Information Commissioner. During the course of the … Continue reading Department of Health (Decision Notice): ICO 14 Nov 2011
ICO The complainant has requested information relating to the Honours nomination process. The Department for Education (DfE) refused to provide the requested information under section 37(1)(b), 40(2) and 40(4) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the DfE has correctly applied section 37(1)(b) in this case. The Commissioner requires … Continue reading Department for Education (Decision Notice): ICO 26 Sep 2012
The complainant requested copies of all internal correspondence regarding Longcroft Farm from East Staffordshire Borough Council (ESBC). The authority provided some information relevant to the request however the complainant was concerned that ESBC had not provided all of the information. During the Commissioner’s investigation of this complaint ESBC has consistently refused to accept that it … Continue reading East Staffordshire Borough Council (Decision Notice) FER0365518: ICO 5 Mar 2012
ICO The complainant has made a 15 point request for information about counter radicalisation at the University of Keele (the ‘University’). The University provided the complainant with the information requested at point 13 of the request. The University neither confirmed nor denied whether it held the rest of the requested information under section 23(5) and … Continue reading Keele University (Decision Notice): ICO 4 Jan 2012
FTTG FOIA s.40 (5) (b) (I) Data Protection Act, 1998 (‘the DPA’) Schedule 1, Part 1 Requests for personal data. [2013] UKFTT EA – 2013 – 0038 (GRC Bailii Freedom of Information Act 2000, Data Protection Act 1998 England and Wales Citing: See Also – Cubells, Regina (on The Application of) v Independent Police Complaints … Continue reading Cubells v Information Commissioner: FTTGRC 2 Dec 2013
ICO The complainant has requested a copy of the ‘Contemporaneous Notes’ taken during the Finance Inspection of a named residential care home in 2012 and 2013. The Regulation and Quality Improvement Authority (RQIA) refused to provide the requested information under section 36(2)(b)(i) and (ii) and section 36(2)(c) of the Freedom of Information Act 2000 (FOIA). … Continue reading Regulation and Quality Improvement Authority (Decision Notice): ICO 1 May 2014
ICO The complainant wrote to Dudley Metropolitan Borough Council (the Council) and requested information regarding schools and general information held by the Council about accidents, complaints, grievances, disciplinary action and suspension of staff and pupils. The Council refused the request under section 12 of the Freedom of Information Act 2000 (the Act) as it estimated … Continue reading Dudley Metropolitan Borough Council (Decision Notice): ICO 14 Apr 2014
ICO The complainant requested information about a report produced for the National Health Service (NHS) Appointments Commission. The Department of Health refused to disclose the information, citing section 40(1) (personal data of applicant) and section 40(2) (third party personal data) of the FOIA as its basis for doing so. Following an internal review, the Department … Continue reading Department of Health (Decision Notice): ICO 18 Feb 2014
ICO The complainant requested information on the Prince’s Consent to the Department for Education (DfE). The DfE refused to comply with the request on the basis that to do so would exceed the appropriate limit in costs set by section 12(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Commissioner’s decision is that … Continue reading Department for Education (Decision Notice): ICO 20 Feb 2014
ICO The complainant requested correspondence between East Midlands Strategic Health Authority (the SHA) and United Lincolnshire NHS Trus (the Trust) and the Department of Health (DoH) and NHS Executive Authority. The SHA was disbanded on 1 April 2013 and was unable to answer the request so responsibility for responding passed to the DoH as the … Continue reading Department of Health (Decision Notice): ICO 30 Jan 2014
The claimant journalist had requested disclosure under the 2000 Act of correspondence between the Prince of Wales and government departments. The Upper Tribunal had found that matters where the prince had acted as advocate were disclosable. Lord Dyson MR, Richards, Pitchford LJJ [2014] EWCA Civ 254, [2014] 2 WLR 1334, [2014] Env LR 26, [2014] … Continue reading Evans, Regina (on The Application of) v HM Attorney General and Another: CA 12 Mar 2014
Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the information had been properly withheld. Mr Evans now appealed against refusal of judicial … Continue reading Evans v The Information Commissioner and Others: CA 12 Mar 2014
[2014] UKFTT EA – 2012 – 0049 (GRC Bailii Freedom of Information Act 2000 Information Updated: 01 December 2021; Ref: scu.521957
FTTGRC FOIA S.42(1) – Whether requested information was subject to legal professional privilege. EIR Reg. 12(5)(b) – Whether disclosure would adversely affect the course of justice. [2014] UKFTT EA – 2013 – 0189 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521551
[2014] UKFTT EA – 2013 – 0124 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521541
[2013] UKFTT EA – 2013 – 0025 (GRC Bailii Freedom of Information Act 2000 12 14 England and Wales Information Updated: 28 November 2021; Ref: scu.519457
[2013] UKFTT EA – 2012 – 0217 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 26 November 2021; Ref: scu.517890
[2013] UKFTT EA – 2012 – 0143 (GRC Bailii Jury Updated: 26 November 2021; Ref: scu.517828
[2013] UKFTT EA – 2012 – 0160 (GRC Bailii Information Updated: 26 November 2021; Ref: scu.517814
The complainant requested the full costs for the construction of the tract to facilitate the Trans Pennine Trail between Didsbury tram station and Kings Way East Didsbury. The Commissioner finds that the information requested is environmental and therefore exempt under section 39 of the Freedom of Information Act 2000. The Commissioner’s decision is that Transport … Continue reading Transport for Greater Manchester (Decision Notice): ICO 25 Jan 2012
[2013] UKFTT 2012 – 0239 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 19 November 2021; Ref: scu.514739
[2013] UKFTT 2012 – 0217 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 14 November 2021; Ref: scu.512026
Allowed – Qualified exemption [2015] UKFTT 2014 – 0320 (GRC) Bailii Freedom of Information Act 2000 22 England and Wales Information Updated: 12 November 2021; Ref: scu.644202
Dismissed s.41 Absolute exemption: Confidential information s.23 Absolute exemption: Information supplied by, or relating to, bodies dealing with security matters s.37(1)(a) to (ad) Absolute exemption: Communications with the Sovereign, Heir to Throne and next in line s.40 Absolute exemption: Personal data s.41 Information provided in confidence s.35(1)(c) Qualified exemption: Advice by Law Officers s.37(1) Qualified … Continue reading Cross v Information Commissioner: FTTGRC 7 Jan 2016
The complainant has requested information relating to meetings of the Governing Body and other administrative information relating to Cottesloe School (the School). The School provided the complainant with information in response to the request however it did not provide a set of Governing Body minutes dated 1 December 2011 as these had not been authorised … Continue reading Cottesloe School (Decision Notice) FS50442149: ICO 26 Apr 2012
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014
The claimant sought release of a report prepared by the respondent as to its coverage of the Arab/Israel conflict partly for journalistic purposes, and partly for compliance. Held: The appeal failed. Where the report was prepared even if only in part for jurnalistic purposes, it was exempt from disclosure under the 2000 Act. Lord Wilson … Continue reading Sugar v British Broadcasting Corporation and Another (2): SC 15 Feb 2012
Commissioner’s Approach not in Breach In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His underlying purpose was to find out whether … Continue reading South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013
Grounds for non-disclosure treated cumulatively An applicant had requested disclosure of information regarding the environmental impact of electro-magnetic radiation from mobile phones. The court considered the balance between the need to disclose information and the maintaining of exceptions to disclosure in the public interest, in the context of third party intellectual property rights. The tribunal … Continue reading Office of Communications v The Information Commissioner: CA 20 Feb 2009
The claimant sought disclosure of an investigation conducted by the respondent. The respondent replied that the material was exempt within section 32(2). The court had found that that exemption continued permanently even after the inquiry was complete, but now turned to the claimant’s assertion that this violated his article 10 rights, and that section 32(2) … Continue reading Kennedy v Charity Commission: CA 20 Mar 2012
The claimant sought disclosure of the names of officials of the Financial Services Authority who had dealt with his complaint. He now appealed against reversal of an order that they be disclosed. Held: The appeal failed. The court approved the Information Commissioner’s Office Data Protection Techinical Guidance which said: ‘It is important to remember that … Continue reading Edem v The Information Commissioner and Another: CA 7 Feb 2014
The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt under section 32. The claimant appealed against the finding of a blanket exemption, and continued after completion … Continue reading Kennedy v The Information Commissioner and Another: CA 12 May 2011
An MP had asked the Agency under the 2002 Act for details of all incidents of childhood leukaemia for both sexes by year from 1990 to 2003 for all the DG (Dumfries and Galloway) postal area by census ward. The Agency replied by saying that the release of the information would put at risk the … Continue reading Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012
The claimant journalist had made a freedom of information request to the Charity Commission as to its investigations of a charity under section 8 of the 1993 Act. The Commission claimed absolute exemption under section 32(2). He now appealed against rejection of his application by the Information Tribunal as to most of the material sought. … Continue reading Kennedy v Information Commissioner: Admn 19 Jan 2010
UTAA Tribunal procedure and practice (including UT) – statements of reasons – The public authority was entitled to rely on section 14(1) and to conclude that the request dated 29 May 2010 was vexatious within the meaning of FOIA. The Decision Notice stands.Wikely UTJ said: The common theme underpinning section 14(1), at least insofar as … Continue reading Information Commissioner v Dransfield: UTAA 28 Jan 2013
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
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The complainant requested a range of information relating to specific properties in St Catherine’s Avenue in Bletchley. The request was separated into 7 numbered elements. This decision notice is confined to a consideration of the council’s handling . .
The complainant requested financial information from Blagdon Parish Council. The council provided some information and said that other information was already available, not available or had been withheld because it was exempt personal information . .
Law enforcement s.31 . .
The complainant requested information from Medway Council relating to a property valuation. After initially denying that it held relevant information, the council provided the information that it held following the Commissioner’s intervention. The . .
The complainant has requested a number of pieces of information relating to the Office of Industrial Tribunals and the Fair Employment Tribunal (OITFET). The Department for Employment and Learning Northern Ireland (DEL) refused to comply with the . .
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The complainant requested from Creech St Michael Parish Council (‘the council’) a copy of a recording made at a meeting when the sale of an area of land known as Merlyn’s Copse was discussed. The council initially relied on the exception under regulation 12(5)(e) of the Environmental Information Regulations 2004 (‘the EIR’) to withhold the … Continue reading Creech St Michael Parish Council (Local Government (Parish Council)): ICO 23 Feb 2015
The complainant requested various items of information relating to railway sleepers placed along one edge of an access road into a car park owned by Eynsford Parish Council (‘the council’). The council said that the requests were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Information Commissioner’s decision is … Continue reading Eynsford Parish Council (Local Government (Parish Council)): ICO 23 Mar 2015
The claimant had requested disclosure of correspondence between Prince Charles and assorted government departments. It had been refused, the Attorney General issuing a certificate under section 53(2) after the Upper tribunal had allowed the claimant’s appeal from an initial refusal, stating that he had, on reasonable grounds, formed the opinion that the Departments had been … Continue reading Evans, Regina (on The Application of) v HM Attorney General and Another: Admn 9 Jul 2013
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality. Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017
The complainant asked for permission to visit the Council’s archives and ‘have access to, research and make copies’ of all documents relating to the transfer of property previously owned by the former Lyme Regis Town Council to West Dorset District Council. The Council refused the request on the basis that it considered it to be … Continue reading West Dorset District Council (Decision Notice): ICO 2 Jun 2011
The complainant made a request under the Freedom of Information Act 2000 to Ordnance Survey (OS) for information relating to ‘Geoid Model OSGM05’ and Ordnance Survey’s policy on answering technical questions. OS provided the complainant with some information relevant to the scope of the request but confirmed that no further information was held. The complainant … Continue reading Ordnance Survey (Decision Notice): ICO 8 Jun 2011
The complainant requested the issue date of a specific version of a document known as the ‘Correspondence Manual’ from the Student Loans Company. This was refused as the SLC believed the request was made as part of an old case which it considered to be closed. When the complainant made it clear this was a … Continue reading Student Loans Company Ltd (Decision Notice) (FS50346909): ICO 28 Mar 2011
ECJ (Grand Chamber) Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Directive 2000/31/EC – Publication of information on the internet – Adverse effect on personality rights – Place where the harmful event occurred or may occur … Continue reading eDate Advertising GmbH v X: ECJ 25 Oct 2011
Disclosure was sought of a report prepared by the BBC to assess the balance of its coverage of middle east affairs. The BBC said that the information was not held for purposes other than those of journalism, art or literature. One issue was whether the test was as to whether there was a ‘predominant’ use … Continue reading British Broadcasting Corporation v Sugar and Another: Admn 2 Oct 2009
All agricultural and forest land transactions in Austria required approval by local and regional authorities (in the Tyrol, the Tyrol Real Property Transactions Commission), the aim being to preserve land for agriculture and forestry and avoid the proliferation of second homes. The applicatant association was formed to promote sound agricultural and forest property ownership and … Continue reading Osterreichische Vereinigung Zur Erhaltung, Starkung Und Schaffung v Austria: ECHR 28 Nov 2013
(French Text) Members of an environmental group sought access to the original project documents lodged with a government department. They wanted to compare the plans with revised plans which were currently the subject of an environmental assessment. The Ministry refused access to the documents. The group applied to the court, relying on article 10. Held: … Continue reading Matky v Czech Republic: ECHR 10 Jul 2006
The complainant engaged in a lengthy correspondence with the Crown Prosecution Service (CPS) from February 2005 to September 2007 as part of a complaint he was pursuing. The correspondence contained a large number of requests, made under the Freedom of Information Act 2000 (the Act), to which the CPS provided a variety of responses. The … Continue reading Crown Prosecution Service (Decision Notice): ICO 3 Aug 2009
The claimants relayed horse racing events to bookmakers. The respondents collected data about the races and horses. The claimants sought the freedom to use that data, and the defendants asserted a database right to control such use. Held: BHB controlled the market, and by threatening to terminate the licence of the claimant had abused that … Continue reading Attheraces Ltd and Another v British Horse Racing Board and Another: ChD 21 Dec 2005
A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the hunting of harp seals. Held: The Court considered whether the newspaper had a reasonable … Continue reading Bladet Tromso and Stensaas v Norway: ECHR 20 May 1999
The complainant submitted a two-part request to Hastings Borough Council (the council) for certain information which it had received from a particular geotechnical company. The council confirmed that it did not hold information relevant to part 1 of the complainant’s request. It then went on to refuse part 2 of the request, referring to a … Continue reading Hastings Borough Council (Local Government) IC-52107: ICO 26 Mar 2021
The complainant requested information about two different types of statutory notices issued by Hampshire County Council (the council) under the Highways Act 1980. The council issued a refusal notice to the complainant, initially citing section 12(1) of the Freedom of Information Act 2000 (FOIA). During the Commissioner’s investigation the council revised its position, confirming that … Continue reading Hampshire County Council (Local Government): ICO 24 Mar 2021
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged … Continue reading AB v Her Majesty’s Advocate: SC 5 Apr 2017
(Second Chamber) The applicant historian specialised in the analysis and recording of the secret services of dictatorships, comparative studies of the political police forces of totalitarian regimes and the functioning of Soviet-type States. The applicant requested the Hungarian Ministry of the Interior to grant him access to deposited documents. He obtained judgments of the Hungarian … Continue reading Kenedi v Hungary: ECHR 26 May 2009
The court upheld Davis J’s decision that neither the Commissioner nor the Tribunal had had any jurisdiction to entertain Mr Sugar’s challenges to the BBC’s refusal to disclose the Balen report. Judges: Buxton LJ, Lloyd LJ, Sir Paul Kennedy Citations: [2008] EWCA Civ 191, [2008] 1 WLR 2289 Links: Bailii Statutes: Freedom of Information Act … Continue reading Sugar and Another v British Broadcasting Corporation (BBC): CA 25 Jan 2008
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his opponent. The judge had refused to excise the details … Continue reading Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
The complainant requested information relating to a particular development. The London Borough of Tower Hamlets refused to provide any information citing section 22 of the Freedom of Information Act 2000. The Information Commissioner decided that the Council should have handled the requests under the Environmental Information Regulations 2004. In relation to request 1, the Council … Continue reading Tower Hamlets Council (Decision Notice): ICO 27 Apr 2010
The complainant has requested correspondence between the Charity Commission and Pearl of Africa Child Care Ltd (PoACC) between 15 December 2011 and 10 February 2012. The Charity Commission provided the complainant with some of the information he requested. It withheld the remaining information under section 31(1)(g) with subsection (2) (a), (b), (c), (f), (g) and … Continue reading Charity Commission (Decision Notice): ICO 8 Jul 2013
The complainant requested information from Milton Keynes Council (‘the council’) about whether there had been an application for adverse possession of a particular area of land. The council refused to respond to the request on the basis that it was vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Commissioner’s … Continue reading Milton Keynes Council (Local Government (District Council)): ICO 21 Apr 2015
The complainant requested under the Freedom of Information Act 2000 (the ‘Act’) the workplace email addresses of all of the public authority’s staff. The public authority confirmed that it held the information, but believed that it was exempt. It argued that the request may be invalid by virtue of section 8, but in the event … Continue reading University of Greenwich (Decision Notice): ICO 26 May 2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011
The complainant requested from Walberswick Parish Council a copy of a speech given by the chairman at a particular meeting. The complainant also made another request for information relating to the refusal to provide her with a copy of the speech and she also asked for details of the complaints procedure. The council initially refused … Continue reading Walberswick Parish Council (Decision Notice): ICO 19 Dec 2011
The complainant made a number of requests to Fareham Borough Council (‘the Council’) between January 2005 and November 2008. The Council refused to respond to the complainant’s latest request citing section 14 of the Freedom of Information Act 2000. The Commissioner investigated and determined that the request should have been considered under the Environmental Information … Continue reading Fareham Borough Council (Decision Notice): ICO 7 Jan 2010
The applicant sought publication of a report prepared for the respondent as to the even handedness of its reporting of matters in the middle east. The BBC had refused saying that the release of the report would have direct impact on its ability to report crucial world events and was exempt. The tribunal had decided … Continue reading British Broadcasting Corporation v Sugar and Another: Admn 27 Apr 2007
The complainant requested copies of the Annual Mineral Returns filed in the last 10 years for Moneystone quarry comprising of the figures for the sales and reserves for each year. Staffordshire County Council (the council) initially refused to disclose this information under section 41 of the Freedom of Information Act 2000 (the Act) on the … Continue reading Staffordshire County Council (Decision Notice): ICO 9 Dec 2009
The complainant made a request for information to Halton Borough Council (the ‘Council’) on 6 June 2006. The request was refused under the Freedom of Information Act 2000 (the ‘Act’) on the grounds that the information was protected by legal professional privilege, that the Council’s commercial interests would be harmed by the disclosure of the … Continue reading Halton Borough Council (Decision Notice): ICO 3 Dec 2008
The complainant requested various items of information from the Peak District National Park Authority. The authority refused to respond to the requests using the exclusions under section 14(1) and 14(2) of the Freedom of Information Act 2000, which concern vexatious and repeated requests. The Commissioner decided that the authority should have considered the requests under … Continue reading Peak District National Park Authority (Decision Notice): ICO 17 Jan 2013
The claimant MP alleged defamation in articles by the defendant newspaper. They claimed to have found papers in Iraqi government offices after the invasion of Iraq which implicated the claimant. The claimant said the allegations were grossly defamatory and untrue. The defendants said that the articles were protected by qualified privilege, since the claimant was … Continue reading George Galloway MP v Telegraph Group Ltd: QBD 2 Dec 2004
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
The complainant requested a copy of a document circulated to the council’s planning committee in a public planning meeting. The information was refused on the grounds of section 42 of the Freedom of Information Act 2000, that it attracted legal professional privilege. The Commissioner decided that the information was environmental information and advised the council … Continue reading Bassetlaw District Council (Decision Notice): ICO 18 May 2011
The complainant requested a list of all services offered by Caerphilly County Borough Council (‘the Council’) which have a charge attached for the financial year 2012 to 2013. The Council aggregated this request with five other requests for the same information but different tax years and subsequently refused it on the basis of section 12(1) … Continue reading Caerphilly County Borough Council (Decision Notice): ICO 26 Feb 2013
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003
ICO The complainant requested a list of all services offered by Caerphilly County Borough Council which have a charge attached, by individual financial year from 2008 to 2013. The Council refused to provide the information citing section 12 of the Freedom of Information Act 2000 (‘the Act’) on the basis that the cost of complying … Continue reading Caerphilly County Borough Council (Decision Notice): ICO 19 Feb 2013
The claimants sought to demonstrate against a development in their home town. The respondents who owned the shopping mall which dominated the town centre, refused to allow them to demonstrate in the mall or to distribute protesting leaflets. The claimants complained of interference with their rights to free speech and expression, saying a public authority … Continue reading Appleby and Others v The United Kingdom: ECHR 6 May 2003
The complainant requested information relating to discussions on the subject of plans to build a hotel and the extension to a conservation area. The council initially provided some information but withheld other information using the exemptions under section 42 and 43 of the Freedom of Information Act 2000. At the internal review stage, the council … Continue reading Warwick District Council (Decision Notice): ICO 19 Sep 2011
The appellants challenged the legality under European law of orders under the Act restricting their freedom of movement, after suspicion of involvement in football violence. Held: Although the proceedings under which orders were made were civil, the standard of proof required was virtually that of a criminal court. Public policy could be used to justify … Continue reading Gough and Another v Chief Constable of Derbyshire: CA 20 Mar 2002
(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree. Held: Failure by a government to release to an affected population details of known pollution risks could amount to breach of their human rights: ‘The … Continue reading Guerra and Others v Italy: ECHR 19 Feb 1998
