ICO The complainant made a request to Richmond Adult Community College (the ‘College’) on 26 March 2009 for minutes of meetings for the year 2007. The College refused the request for information as it deemed the request vexatious under section 14 of the Act and furthermore stated that to comply with the request would exceed … Continue reading Richmond Adult Community College (Decision Notice): ICO 26 Apr 2010
ICO The complainant made a freedom of information request to Standards for England (SfE) for a copy of a report concerning the conduct of a named councillor. SfE refused disclosure of the report under section 44 (prohibitions on disclosure) of the Freedom of Information Act 2000, During the course of the Commissioner’s investigation, SfE reconsidered … Continue reading Standards for England (Decision Notice) FS50367497: ICO 31 Aug 2011
The complainant requested under the Freedom of Information Act 2000 (the ‘Act’) some information about a compliance investigation that the MHRA had undertaken. The MHRA replied that it believed that section 44 applied and it withheld the information. It also withheld the name of one of its member’s of staff by virtue of section 40(2). … Continue reading Medicines and Healthcare Products Regulatory Agency (Decision Notice) FS50384738: ICO 22 Aug 2011
The complainant requested under the Freedom of Information Act 2000 the workplace email addresses of all of the University’s staff. The University confirmed that it held the information, but considered that the request was invalid. If the request was not invalid, then it believed sections 14(1), 21(1),38(1) 40(2) and section 44(1) of the Act applied … Continue reading City University (Decision Notice): ICO 23 Jun 2011
ICO The complainant requested several pieces of information surrounding the cost of the swine flu vaccination programme. Although the DoH provided some information, it withheld details of the purchase price of the swine flu vaccine under sections 41(1)(b) and 43(2). During the Commissioner’s investigation the DoH also sought to rely upon section 44(1)(b), on the … Continue reading Department of Health (Decision Notice) FS50303047: ICO 10 Jan 2011
ICO The complainant requested information from Manchester City Council (‘the Council’). The council has not responded to the request. The Commissioner’s decision is that the council has breached its obligation under section 10(1) of the Freedom of Information Act 2000 (‘the FOIA’) because it has failed to respond to the request. The Commissioner requires the … Continue reading Manchester City Council (Decision Notice): ICO 6 Aug 2012
ICO The complainant has requested copies of Her Majesty’s Revenue and Customs’ (HMRC) skeleton arguments for 6 specific cases in relation to which judgements have been given. HMRC refused to disclose this information under section 44(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that HMRC has correctly applied section 44(1)(a) … Continue reading Her Majesty’s Revenue and Customs (Decision Notice): ICO 15 May 2012
ICO The complainant has requested information about NHS South West’s contract with a named company. NHS South West provided the complainant with some of the requested information but withheld some information under section 42 and section 43(2) FOIA. NHS South West became defunct on 1 April 2013. The Department of Health Legacy Management Team has … Continue reading Department of Health (Decision Notice): ICO 30 Jul 2013
The complainant has requested information about Financial Services Authority (FSA) enquiries into an overseas property investment scheme run by [named company]. The FSA refused to provide the requested information under section 40(2), section 42, section 43(2) and section 44(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the FSA has … Continue reading Financial Services Authority (Decision Notice): ICO 26 Mar 2013
ICO The complainant made a request for ministerial diaries. The Department of Health (DoH) provided the complainant with some of the requested information, but made significant redactions under sections 21, 23, 24, 27, 35(1)(a) and (d), 36, 38, 40(2), 41 and 44. The Commissioner’s decision is that the DoH has correctly applied section 23 and … Continue reading Department of Health (Decision Notice): ICO 26 Mar 2013
ICO The complainant requested details of meetings and correspondence between the Department of Health (DH) and Diageo or its PR company. The Commissioner’s decision is that the information is not held by the public authority. No further steps are required. Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld [2013] UKICO FS50447691 Bailii … Continue reading Department of Health (Decision Notice): ICO 16 Jan 2013
The complainant requested copies of all witness statements received by the PSOW in relation to a complaint made by named Councillor A against named Councillor B on 26 January 2012. The PSOW refused to provide the information relying on section 44(1)(a) of the Freedom of Information Act 2000. The Commissioner’s decision is that the PSOW … Continue reading Public Services Ombudsman for Wales (Decision Notice): ICO 13 Dec 2012
[2013] UKFTT EA – 2012 – 0188 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 26 November 2021; Ref: scu.517844
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
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
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
Order for Journalist to Disclose Sources The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have originated in the hospital. Held: An order requiring disclosure … Continue reading Ashworth Security Hospital v MGN Limited: HL 27 Jun 2002
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
Arrested Person must be told basis of the Arrest Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the felony of stealing a bale of cloth, … Continue reading Christie v Leachinsky: HL 25 Mar 1947
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
The appellants appealed against orders for delivery up of papers belonging to the claimant. The paper was a market sensitive report which had been stolen and doctored before being handed to the appellant.
Held: The Ashworth Hospital case . .
The complainant requested information relating to commercial airline pilots convicted of drink driving. The Commissioner’s decision is that the public authority was correct to withhold the information on the basis of the exemption at section 40(2) . .
The complainant has requested information about the impact of Article 8 of the Human Rights Act (the right to respect for private and family life) on disclosure of confidential social services information. Birmingham City Council disclosed the . .
The complainant made a request for seven pieces of information relating to the Constabulary’s coat of arms and logo, the use of these; its policies regarding the recording of conversations; and for information about the Constabulary’s internet . .
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 . .
The complainant submitted a request to the Parliamentary and Health Service Ombudsman for a copy of his late mother’s medical records. These had been provided to the public authority for the purposes of investigating a complaint made against a NHS . .
The union sought disclosure of information supplied to the respondent when the applicant applied for licences to carry out animal experiments.
Held: The information had been supplied in confidence. The test was a subjective one as to the state . .
The complainant requested, under the Freedom of Information Act 2000, some of the relevant correspondence generated in consideration of complaints that she and her father had submitted to the PHSO. The PHSO replied that some of the information . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The complainant requested information from Broxbourne Borough Council (the council) concerning the council’s remuneration panel. The council provided some information but withheld other information using the exemptions under section 40(2), 36 and 43 . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .