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Department of Health (Central Government) FS50604573: ICO 1 Jun 2016

ICO The complainant has requested minutes and the name of attendees at a particular meeting between Jeremy Hunt and Price Waterhouse Coopers (PWC). The DoH stated no minutes were held but considered the names of attendees should be withheld on the basis of section 35(1)(d) of the FOIA or section 40(2) for a limited number … Continue reading Department of Health (Central Government) FS50604573: ICO 1 Jun 2016

Cabinet Office (Central Government ) FS50579066: ICO 12 Oct 2015

ICO The complainant requested information relating to a speech by the then Minister for the Civil Service. The Cabinet Office refused the request under section 12(1) of the Freedom of Information Act 2000 (the Act) as it considered compliance with the request would exceed the appropriate limit. The Commissioner’s decision is that the Cabinet Office … Continue reading Cabinet Office (Central Government ) FS50579066: ICO 12 Oct 2015

Department of Health (Central Government) FS50578090: ICO 10 Aug 2015

ICO The complainant has requested information provided to Ministers on the impact of the withdrawal of Minimum Practice Income Guarantee Payments. The Department of Health considered the information was exempt from disclosure on the basis of section 35(1)(a) of the FOIA. The Commissioner’s decision is that the exemption is engaged and the balance of the … Continue reading Department of Health (Central Government) FS50578090: ICO 10 Aug 2015

General Medical Council (Local Government (Other)) FS50578888: ICO 3 Aug 2015

ICO The complainant has requested information about doctors administratively erased from the Medical Register over the last 5 years for failing to pay the required registration fee (Annual Retention Fee (ARF). The GMC refused to comply with the request under section 12 of the Freedom of Information Act 2000 (FOIA) as it said it would … Continue reading General Medical Council (Local Government (Other)) FS50578888: ICO 3 Aug 2015

Cabinet Office (Central Government) FS50579607: ICO 16 Jun 2015

ICO The complainant requested information from the Cabinet Office relating to the drafting of secondary legislation. The Commissioner’s decision is that the Cabinet Office has breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (the Act) because it has not issued the complainant with a response to his request within the statutory … Continue reading Cabinet Office (Central Government) FS50579607: ICO 16 Jun 2015

Dransfield v The Information Commissioner: CA 14 May 2015

Appeals raised the question of the scope of the power of a public authority to reject a request under the 2000 Act and, in addition, under the 2004 Regulations on the grounds that the request was ‘vexatious’ and ‘manifestly unreasonable’. Held: The claimant’s appeals were dismissd. The court gave guidance as to the exercise of … Continue reading Dransfield v The Information Commissioner: CA 14 May 2015

Information Commissioners Office (Local Government (Other)): ICO 29 Jul 2015

The complainant has requested information about an alleged data protection breach involving discs containing information relating to the deaths of Mark Duggan, Azelle Rodney and Robert Hamill. The ICO provided the complainant with some of the information he requested. It withheld the remaining information under section 31(1)(g) with subsection (2) (a) and (c), and section … Continue reading Information Commissioners Office (Local Government (Other)): ICO 29 Jul 2015

Bolam v Friern Hospital Management Committee: QBD 1957

Professional to use Skilled Persons Ordinary Care Negligence was alleged against a doctor. Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test is the standard of the … Continue reading Bolam v Friern Hospital Management Committee: QBD 1957

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Financial Ombudsman Service (Local Government (Other)): ICO 24 Jun 2015

The complainant has requested information relating to complaints/grievances about four managers at FOS. FOS refused to confirm or deny whether the requested information was held under section 40(5) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that FOS was correct to neither confirm nor deny whether the requested information was held … Continue reading Financial Ombudsman Service (Local Government (Other)): ICO 24 Jun 2015

Lambeth London Borough Council (Decision Notice): ICO 2 Sep 2013

The complainant requested information about the Myatts Field North Estate PFI contract from the London Borough of Lambeth. The council supplied some information but withheld some using the exemptions under section 40(2) and 43(2) of the Freedom of Information Act 2000. The Commissioner asked the council to reconsider the request under the terms of the … Continue reading Lambeth London Borough Council (Decision Notice): ICO 2 Sep 2013

George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004

PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed. Held: The appeal was dismissed. The onus of proof remained, correctly, on the prosecution to prove that the libel was false. The prosecution also had to show that … Continue reading George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004

West Dorset District Council (Decision Notice): ICO 2 Jun 2011

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

Department for Work and Pensions (Central Government): ICO 17 Sep 2015

The complainant requested peer review documents carried out by the Department for Work and Pensions (the DWP) following the death of a benefit claimant. The DWP refused the request under section 44 of the Freedom of Information Act 2000 (the Act) as disclosure was prohibited by section 123 of the Social Security Administration Act 1992 … Continue reading Department for Work and Pensions (Central Government): ICO 17 Sep 2015

Bladet Tromso and Stensaas v Norway: ECHR 20 May 1999

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

Geoplace Llp (Other): ICO 8 Jun 2015

The complainant has requested information from GeoPlace LLP (‘GeoPlace’) regarding whether a street or alley is adopted. GeoPlace has explained that it is not a public authority for the purposes of the EIR or the Freedom of Information Act 2000 (the ‘FOIA’). It has therefore refused to respond to this request under either piece of … Continue reading Geoplace Llp (Other): ICO 8 Jun 2015

Cabinet Office (Central Government): ICO 31 Mar 2022

The complainant has requested correspondence and other communications, relating to the 9 September 2019 prorogation of Parliament, sent or received by Dominic Cummings (then Chief Adviser to Prime Minister Boris Johnson). The Cabinet Office has asserted that aside from a memo of 15 August 2019 from Nikki Da Costa (Director of Legislative Affairs) they hold … Continue reading Cabinet Office (Central Government): ICO 31 Mar 2022

Department for Innovation Universities and Skills (Decision Notice): ICO 28 Jan 2009

The complainant made a request under the Freedom of Information Act 2000 on 13 May 2008 to the Department for Innovation, Universities and Skills. The complainant requested information relating to extremist activity at Bradford University over the previous two years. DIUS failed to respond to this request despite repeated reminders to do so. The Commissioner … Continue reading Department for Innovation Universities and Skills (Decision Notice): ICO 28 Jan 2009

Frederick E Rose (London) Limited v William H Pim Junior and Co Limited: 1953

The plaintiffs, who were London merchants, had been asked by Egyptian buyers to supply ‘feveroles’. Not knowing what this term meant, they asked the defendants’ representative, who responded that ‘feveroles’ meant horsebeans. Relying on this information, the plaintiffs contracted to buy a quantity of horsebeans from the defendants, which they then sold on as ‘feveroles’ … Continue reading Frederick E Rose (London) Limited v William H Pim Junior and Co Limited: 1953

Cornwall Housing (Other): ICO 5 Mar 2015

The complainant requested information from Cornwall Council (‘the council’) concerning a particular property. This request was transferred to Cornwall Housing (‘the authority’). The authority provided an initial response but upon internal review said that it had decided that the request was vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The … Continue reading Cornwall Housing (Other): ICO 5 Mar 2015

Legal Ombudsman (Education (Other)): ICO 27 Apr 2015

The complainant has requested various information relating to the Legal Ombudsman’s investigation processes. The Legal Ombudsman said that it did not hold the information requested by the complainant under section 1(1)(a) FOIA, however it tried to answer the complainant’s questions outside of FOIA. The Commissioner considers that the Legal Ombudsman was correct to confirm that … Continue reading Legal Ombudsman (Education (Other)): ICO 27 Apr 2015

Maritime and Coastguard Agency (Decision Notice): ICO 25 Sep 2006

The complainant requested a copy of a report prepared by the public authority on the hull of a steamship in the process of construction. The public authority declined relying upon an exemption under section 43(2) of the Freedom of Information Act 2000 indicating that release of the information would prejudice or be likely to prejudice … Continue reading Maritime and Coastguard Agency (Decision Notice): ICO 25 Sep 2006

English Heritage (Decision Notice): ICO 1 Sep 2011

The complainant made a request under the Freedom of Information Act 2000 to English Heritage for information relating to a statement in the Bath List. English Heritage stated that no information relevant to the scope of the request was held. The complainant was not satisfied that no information was held. The Commissioner has considered the … Continue reading English Heritage (Decision Notice): ICO 1 Sep 2011

Department of The Environment Northern Ireland (Decision Notice): ICO 17 Oct 2006

The complainant, on 3 May 2005, requested information from the Department of the Environment for Northern Ireland in respect of the legal opinion provided to the Department in relation to the demolition of the building known as Rock Castle. The Department withheld the information on the basis that it is exempt under section 42 of … Continue reading Department of The Environment Northern Ireland (Decision Notice): ICO 17 Oct 2006

Thurrock Council (Local Government (Borough Council)): ICO 10 Mar 2015

The complainant requested information relating to council tax from Thurrock Council (the Council). The Council provided some information and stated that nothing further was held. During the course of the Commissioner’s investigation further information was provided to the complainant. The Commissioner’s decision is that it is likely on the balance of probabilities that the Council … Continue reading Thurrock Council (Local Government (Borough Council)): ICO 10 Mar 2015

The United States of America v Nolan: SC 21 Oct 2015

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

Milton Keynes Council (Decision Notice): ICO 29 Nov 2010

ICO On 10 November 2008 the complainant requested that Milton Keynes Council should make all the documentation it held which related to Petsoe Wind Farm available for inspection. The council’s response to the request was piecemeal and protracted. Initially, some information was provided and some refused under section 21 and section 22 of the Freedom … Continue reading Milton Keynes Council (Decision Notice): ICO 29 Nov 2010

Lancashire Fire and Rescue Service (Decision Notice): ICO 28 Jun 2011

ICO The complainant made requests to Lancashire Fire and Rescue Service for copies of communications relating to its handling of a complaint he submitted against the Chair of Lancashire Combined Fire Authority. He also requested details of all expenses the Chair had claimed over a period of nine years. The public authority refused the requests … Continue reading Lancashire Fire and Rescue Service (Decision Notice): ICO 28 Jun 2011

Guerra and Others v Italy: ECHR 19 Feb 1998

(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

University of Leeds (Decision Notice): ICO 17 Dec 2009

The complainant made a request to the University of Leeds for information relating to the funding, monies and grants provided to the University’s Department of Psychology. The University refused to provide the requested information upon reliance of the provision contained at section 12 of the Freedom of Information Act 2000 and the exemptions contained at … Continue reading University of Leeds (Decision Notice): ICO 17 Dec 2009

Ilminster Town Council (Decision Notice): ICO 14 Aug 2013

The complainants have requested various information in relation to a cemetery wall that borders the complainant’s property. The request was refused by Ilminster Town Council (council) under section 12 of the Freedom of Information Act 2000 (FOIA). However the Commissioner considered the requested information to be environmental information and should have been refused under regulation … Continue reading Ilminster Town Council (Decision Notice): ICO 14 Aug 2013

Lehtimaki and Others v Cooper: SC 29 Jul 2020

Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020

Traffic Commissioner for The West Midlands Traffic Area (Decision Notice): ICO 5 Oct 2011

The complainant made a number of requests under the Freedom of Information Act 2000 for information about Road Licenses and Notices and Proceedings. The public authority did not answer some of the requests and for others denied that it held relevant recorded information. The complainant referred a number of matters to the Commissioner for him … Continue reading Traffic Commissioner for The West Midlands Traffic Area (Decision Notice): ICO 5 Oct 2011