(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
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 complainant requested information from Walberswick Parish Council (the council) relating to correspondence about a meeting that had taken place in October 2011. The council refused to respond to the request because it considered that it was vexatious under section 14(1) of the Freedom of Information Act 2000 (the FOIA) and that the complainant was … Continue reading Walberswick Parish Council (Decision Notice): ICO 24 Jan 2013
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 Hungarian Civil Liberties Union sought access to details of a legal challenge filed by a Hungarian parliamentarian in the Hungarian Constitutional Court concerning the constitutionality of legislative amendments to the Hungarian Criminal Code. The Union contended that the refusal of the Constitutional Court to grant it access to the documents was a violation of … Continue reading Tarsasag A Szabadsagjogokert v Hungary: ECHR 13 Nov 2008
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
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005
The complainant asked Norfolk Constabulary to provide information relating to complaints about vehicles in a specific location. He had previously made a similar request for an identified vehicle but made this separate request without reference to the vehicle registration mark. Having previously refused to confirm or deny whether it held the information falling within the … Continue reading Norfolk Constabulary (Decision Notice) FS50355291: ICO 16 Dec 2010
The defendant was the claimant’s daughter in law. In the course of a bitter divorce she made allegations to the police which were investigated but did not lead to a prosecution. The claimant appealed dismissal of his claim for defamation on the basis that such a complaint was protected by absolute privilege. Held: The claimant’s … Continue reading Westcott v Westcott: CA 15 Jul 2008
The complainant requested information relating to the processes Bramshott and Liphook Parish Council (the Council) undertook which brought about his dismissal. The Commissioner’s decision is that the Council has correctly refused the request under section 14 of the Freedom of Information Act 2000 (the Act) as the request is vexatious. No further action is required. … Continue reading Bramshott and Liphook Parish Council (Decision Notice): ICO 16 Dec 2013
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
The claimant appealed against an order refusing him access to information gathered in a consultation exercise which led to re-organisation of parish boundaries. Citations: [2008] UKIT EA – 2007 – 0084, FS50132169 Links: Bailii Statutes: Freedom of Information Act 2000 Information Updated: 14 July 2022; Ref: scu.266744
Citations: [2008] UKIT EA – 2006 – 0010 Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 14 July 2022; Ref: scu.266736
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 has requested correspondence from the Financial Reporting Council (FRC) to the Financial Conduct Authority (FCA) about a complaint it had received regarding the audited accounts of a named company. The FCA refused to confirm or deny whether the requested information was held under section 44(2) of the Freedom of Information Act 2000 (FOIA). … Continue reading Financial Conduct Authority (Decision Notice): ICO 9 May 2013
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 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
ICO The complainant requested information relation to a tendering procedure for the development at Threescore in Bowthorpe. This request was refused under section 14(1) as the request was considered vexatious. The Commissioner’s decision is that Norwich City Council (‘the Council’) should have handled the request under the Environmental Information Regulations 2004 (‘the EIR’) as opposed … Continue reading Norwich City Council (Decision Notice): ICO 19 Oct 2011
The complainant asked Nottingham City Homes Limited (‘NCH’) to provide information about council tenancies in his immediate neighbourhood. NCH refused his request on the grounds that it believed the request to be vexatious and applied section 14(1) of the Freedom of Information Act 2000 (the ‘Act’). The Commissioner has considered the context and background leading … Continue reading Nottingham City Homes Ltd (Decision Notice): ICO 16 Dec 2010
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 appealed a finding of qualified privilege in their claim of defamation by the defendant author and magazine which was said to have accused them of theft and threats of violence against other members of the BNP. Held: The appeal failed. ‘the journalist has a good defence to a claim for libel if what … Continue reading Roberts and Another v Gable and others: CA 12 Jul 2007
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 has requested information relating to Dog Control Orders on beaches in the St Ives area including a copy of a report presented to St Ives Council (‘the council’) by a member of the public. The council refused to supply the report, citing exemptions under the Freedom of Information Act 2000 (‘the FOIA’). The … Continue reading St Ives Town Council (Decision Notice): ICO 19 Mar 2013
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
In response to a request for information made on 22 October 2005, Sussex Police notified the complainant that they considered the request vexatious. The complainant is known to have made over 750 requests for information to various public bodies during the previous year. In line with Freedom of Information Act 2000 Awareness Guidance No 22: … Continue reading Sussex Police (Decision Notice): ICO 31 May 2006
The complainant requested information regarding the Chief Executive of the Legal Services Commission (‘the LSC’), the Magee review and his report. The LSC responded by providing some information in the normal course of business and refusing to provide further information on the grounds that the request was vexatious and therefore excluded under section 14(1) of … Continue reading Legal Services Commission (Decision Notice): ICO 28 Mar 2011
The complainant complained about the Council’s response to a number of requests he made regarding a planning application. He complained that he did not consider that Leeds City Council had provided all the information it held and about the fact it had applied the exemption under section 40(2) of the Freedom of Information Act 2000 … Continue reading Leeds City Council (Decision Notice): ICO 4 Mar 2010
The complainant requested, under the Freedom of Information Act 2000 (the Act), all the information it held on its internet and intranet IT systems for two years in a specified format and all other information held electronically about a set of meetings. The Council considered that the request was in its context vexatious by virtue … Continue reading Leeds City Council (Decision Notice): ICO 12 Sep 2011
The complainant made requests to East Sussex County Council relating to issues involving his wife. The council cited section 14(1) of the Freedom of Information Act 2000 the exclusion relating to vexatious requests. The council also said that some of the requests should be considered separately under the terms of the Data Protection Act 1998. … Continue reading East Sussex County Council (Decision Notice) FS50469685: ICO 30 Apr 2013
The complainant made requests to East Sussex County Council relating to issues involving his wife. The council cited section 14(1) of the Freedom of Information Act 2000, the exclusion relating to vexatious requests. The council also said that some of the requests should be considered separately under the terms of the Data Protection Act 1998. … Continue reading East Sussex County Council (Decision Notice) FS50466468: ICO 30 Apr 2013
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
The complainant requested the number of times an employee of the Treasury Solicitor’s Department (TSol) accused people of making fraudulent claims for money. TSol confirmed that some relevant information was held. The Commissioner’s decision is that TSol should have instead refused the request under section 40(5)(b)(i) of the Freedom of Information Act 2000 (the Act) … Continue reading Treasury Solicitors (Central Government): ICO 16 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
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 has requested information relating to two recommendations contained in the CNWL Report and Action Plan relating to disciplinary action against [named nurse]. The Commissioner’s decision is that CNWL correctly refused to confirm or deny whether or not the information was held under section 40(5) of the Freedom of Information Act 2000 (FOIA). The … Continue reading Central and North West London NHS Foundation Trust (Decision Notice): ICO 10 Oct 2011
The complainant asked Kirby Muxloe Parish Council (the council) to provide a copy of its complaints procedure. The council failed to respond to the request. The Commissioner’s decision is that the council breached section 10(1) of the Freedom of Information Act 2000 (the FOIA) by failing to respond to the request within 20 working days. … Continue reading Kirby Muxloe Parish Council (Decision Notice): ICO 25 Feb 2013
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 Decision Notice – The complainant has requested information from the Department for International Development (DfID) regarding legislation that governs their actions and details about their published accounts. DfID refused the requests on the grounds that they were vexatious under section 14 of the Freedom of Information Act 2000 (the Act). The Commissioner’s decision is … Continue reading Department for International Development: ICO 18 Feb 2013
The complainant requested information from the London Borough of Hounslow regarding council plans to deal with the problem of dwellings in gardens. The council withheld the information using section 36 of the Freedom of Information Act 2000, the exemption relating to prejudice to the effective conduct of public affairs. However during the Commissioner’s investigation the … Continue reading Hounslow London Borough Council (Decision Notice): ICO 7 Jan 2013
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
The applicants sought an order that the government enquiries into the foot and mouth outbreak should be held in public. They argued that the need to re-establish public faith made a decision not to hold the enquiries in public irrational, and that a failure to hold the enquiry in public infringed the applicant’s human rights. … Continue reading Regina (Persey and Others) v Secretary of State for Environment, Food and Rural Affairs: Admn 15 Mar 2002
The complainant requested information from City West Homes concerning works being carried out to ensure that residents of the property where the complainant lives can continue to receive a television signal following the digital switchover. CWH refused to respond to the requests on the basis that they were vexatious under section 14(1) of the Freedom … Continue reading Citywest Homes (Decision Notice): ICO 31 Jan 2012
(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
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989
ICO The complainant made a series of requests concerning the sale of Stevenage Borough Council’s (‘the Council’) freehold interest in an area of land and the granting of planning permission for the site. The Council refused the requests on the basis that either the exclusion under section 14 of the Freedom of Information Act 2000 … Continue reading Stevenage Borough Council (Decision Notice): ICO 7 Apr 2008
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided and searched by the police. Nothing incriminating was found. He claimed damages saying the search warrrant had … Continue reading Gibbs and others v Rea: PC 29 Jan 1998
The complainant requested information relating to the Hampstead Heath Constabulary and the Epping Forest Keepers. The Common Council of the City of London responded that the information requested was not covered by the scope of the Freedom of Information Act 2000. In order to assist however, it provided some information that it considered was relevant. … Continue reading Common Council of The City of London (Decision Notice): ICO 6 Dec 2011
The complainant requested information from Chelmsford Borough Council regarding the rental of Hylands Park for the V Festival each year. The council refused to provide the information on the basis that it was exempt under section 43 of the Freedom of Information Act 2000. The Commissioner’s decision is that the exemption has not been correctly … Continue reading Chelmsford Borough Council (Decision Notice): ICO 23 May 2012
The complainants made 16 requests for information mainly related to financial probity or governance. The Commissioner’s decision is that East Herts District Council has not dealt with the requests for information in accordance with the Freedom of Information Act 2000 and Environmental Information Regulations 2004 by: incorrectly withholding information under the vexatious exclusion, and, in … Continue reading East Hertfordshire District Council (Decision Notice): ICO 16 Nov 2011
The complainant made a request to Staffordshire Police for policies or procedures followed during the vetting of staff from partner agencies or outside employees. The information requested was partly withheld under the exemption at section 31(1)(a), (b) and (c) of the Freedom of Information Act 2000. The Commissioner’s decision is that the exemption at section … Continue reading Staffordshire Police (Decision Notice): ICO 27 May 2010
Following the publication of a report by Bexley Council into the use of a purchasing card by a former Leader, the complainant requested information relating to the monitoring of the card. As part of its response, the Council provided copies of a series of emails exchanged between Council employees. However, the Council redacted certain details … Continue reading Bexley London Borough Council (Decision Notice): ICO 30 Jun 2010
The complainant made a request to Norfolk County Council (‘the Council’), which was the most recent in a series of requests, relating to the care provided to an elderly person by an independent care organisation contracted by the Council. The Council applied the exclusion under section 14(1) of the Freedom of Information Act 2000 (‘the … Continue reading Norfolk County Council (Decision Notice): ICO 7 Nov 2007
The complainant made two requests under the Freedom of Information Act 2000 (the ‘Act’) to East London and The City Mental Health NHS Trust (the ‘Trust’). The first request was for a copy of internal reports into the circumstances surrounding the death of a patient of the Trust (‘Mr A’). The Trust refused to disclose … Continue reading East London and The City Mental Health NHS Trust (Decision Notice): ICO 3 Dec 2007
The complainant made a request for the rating file of a named caravan site. The information requested was withheld under the exemptions at sections 40(2) (personal information), 44(1) (prohibitions on disclosure) and 42(2) (commercial interests) of the Freedom of information Act 2000; also, under the exceptions at 12(3) (personal data), 12(5)(d) (confidentiality of proceedings) and … Continue reading Valuation Office Agency (Decision Notice): ICO 27 May 2010
The complainant made three requests (dated 14, 15 and 16 May 2007) under the Freedom of Information Act 2000 (the ‘Act’) to the Plymouth Teaching Primary Care Trust (the ‘Trust’) for correspondence and other information relating to suspensions from the Trust. The Trust dealt with the request of 14 May 2007 under the Data Protection … Continue reading Plymouth Teaching Primary Care Trust (Decision Notice): ICO 11 Dec 2008
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
The complainant requested information from the London Borough of Islington (the council) relating to major works, external repairs 2010-2011 to a named block of flats in Islington. The council refused to respond to the request because it considered that it was vexatious under section 14(1) and section 14(2) of the Freedom of Information Act 2000 … Continue reading Islington Council (Decision Notice): ICO 27 Sep 2012
ICO The complainant’s first request was for a breakdown of costs charged by Caerphilly County Borough Council for repairs to his home, its general schedule of rates, and the name of the national reference guideline that it used to determine those rates. The Council provided some information but withheld the remainder under section 43 of … Continue reading Caerphilly County Borough Council (Decision Notice): ICO 24 Mar 2009
The complainant wrote to North East London NHS Strategic Health Authority (the ‘SHA’) regarding an internal inquiry carried out by East London and The City NHS Mental Health Trust (the ‘MHT’) into the death of a patient (‘Mr A’) in 2001, and the subsequent decision not to hold an independent inquiry into his death – … Continue reading NHS London (Decision Notice): ICO 3 Dec 2007
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs. Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This … Continue reading In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995
The complainant made a request under the Freedom of Information Act 2000 to the Vehicle and Operator Services Agency for details of any monitoring/visits over the past 12 months and any action taken in that time against a particular garage. VOSA refused to confirm or deny if the requested information was held under section 31(3) … Continue reading Vehicle and Operator Services Agency (Decision Notice): ICO 4 May 2010
The complainant made a request to the London Borough of Bexley (the ‘Council’) for a copy of the legal opinion obtained by the Council in relation to a transfer of Council housing stock to two housing associations. The issue concerns the status of roads and footpaths on transferred estates and whether the Council or the … Continue reading Bexley London Borough Council (Decision Notice): ICO 9 Jun 2010
The complainant has requested a copy of compromise agreements entered into with doctors of any grade over the last 10 years. He also requested a list of exploratory issues covered by the compromise agreements (ie. the reasons why the compromise agreements were entered into). The Information Commissioner’s (the Commissioner’s) decision is that the South Tees … Continue reading South Tees Hospitals NHS Foundation Trust (Decision Notice): ICO 5 Oct 2011
The complainant asked the public authority for information from case papers relating to an unsolved murder case dating back to 1954. The public authority withheld the information under sections 31, 40(2) and 41 of the Freedom of Information Act 2000 (‘the Act’). The Commissioner decided that the exemption under section 31(1) applied to all of … Continue reading National Archives (Decision Notice): ICO 4 Apr 2007
The complainant asked the council to provide copies of any application forms or questionnaires that had been submitted by candidates for the East Hertfordshire Independent Remuneration Panel since April 2010, redacted as appropriate. The council initially refused to provide any of the information on the basis that it was exempt under section 40(2) of the … Continue reading East Hertfordshire District Council (Decision Notice): ICO 15 Nov 2011
In September 2007, the complainant requested a copy of the 2006 report of the Office of the Surveillance Commissioner’s (OSC) Inspection Report relating to the BBC. The complainant also requested a copy of the OSC’s covering letter and the BBC response to the report. The public authority provided the complainant with the information requested but … Continue reading BBC (Decision Notice): ICO 6 May 2010
The complainant requested information from Lincolnshire County Council about classes for gifted and talented primary school pupils in Stamford. The council refused to respond to the requests citing section 14(1) of the Freedom of Information Act 2000. This exclusion relates to vexatious requests. The Commissioner’s decision is that the council correctly relied on the exclusion … Continue reading Lincolnshire County Council (Decision Notice): ICO 15 Jul 2013
The complainant requested copies of the findings of any independent tests commissioned by the public authority to establish if any home networking PLT devices complied with the essential requirements of the Electromagnetic Compatibility Directive (Directive). The public authority confirmed it held a report of an investigation it had conducted under the Directive in relation to … Continue reading Office of Communications (Decision Notice): ICO 23 Feb 2011
The complainant requested information from Doncaster College relating to any investigation reports it holds concerning the conduct or financial issues relating to its senior managers over a four year period. The college refused this request under section 40(3) of the Freedom of information Act 2000. The Commissioner has concluded that the college should have cited … Continue reading Doncaster College (Decision Notice): ICO 29 May 2008
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The complainant made a request under the Freedom of Information Act 2000 to the Vehicle and Operator Services Agency (VOSA) for information relating to MOT passes and failures broken down by manufacturer and model of car. VOSA refused the complainant’s request as it stated that the information was exempt from disclosure by virtue of section … Continue reading Vehicle and Operator Services Agency (Decision Notice): ICO 3 Dec 2009
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care. Held: The court must balance the need to protect the child with the need for freedom of the press. The issue in the case was not itself about the … Continue reading In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003
The complainant requested a copy of a report regarding a critical incident which occurred at a Paediatric High Dependency Unit on 07 January 2003 and copies of similar incidents reported to the public authority between 2000 and 2003. The public authority responded in accordance with its duty under section 1 of the Freedom of Information … Continue reading National Patient Safety Agency (Decision Notice): ICO 18 Dec 2007
The complainant requested information from the London Borough of Islington (the council) relating to charges to residents of flats. The council refused to respond to the requests because it considered that they were vexatious under section 14(1) of the Freedom of Information Act 2000 (the FOIA), the exclusion relating to vexatious requests. The Commissioner’s decision … Continue reading Islington Council (Decision Notice) FS50430435: ICO 13 Aug 2012
The complainant requested information from the London Borough of Islington (the council) relating to charges to residents of flats. The council refused to respond to the requests because it considered that they were vexatious under section 14(1) of the Freedom of Information Act 2000 (the FOIA), the exclusion relating to vexatious requests. The Commissioner’s decision … Continue reading Islington Council (Decision Notice) FS50430436: ICO 13 Aug 2012
The complainant requested information from the London Borough of Islington (the council) relating to charges to residents of flats. The council refused to respond to the requests because it considered that they were vexatious under section 14(1) of the Freedom of Information Act 2000 (the FOIA), the exclusion relating to vexatious requests. The Commissioner’s decision … Continue reading Islington Council (Decision Notice) FS50437482: ICO 13 Aug 2012
The complainant has, over a period of three years, made a series of requests stemming from Wakefield Metropolitan District Council’s application of its high-hedges policy. Given the extent of its communications with the complainant about this issue, the Council deemed the latest of the requests as vexatious pursuant to section 14(1) of the Freedom of … Continue reading Wakefield Metropolitan District Council (Decision Notice): ICO 29 Sep 2009
The complainant asked the Children and Family Court Advisory and Support Services to provide board minutes and papers for a specific time period. The public authority refused to disclose these stating the request was exempt by virtue of the exclusions under sections 14(1) (vexatious requests) and 14(2) (repeated requests) of the Freedom of Information Act … Continue reading Children and Family Court Advisory and Support Service (Decision Notice): ICO 8 Mar 2011
The complainant requested Babergh District Council’s (the council’s) letter of instruction to a firm of solicitors sent in 2002 together with a copy of their response some months later. The council said that it could not find the letter of instruction and withheld the response from the solicitors on the grounds that it was legally … Continue reading Babergh District Council (Decision Notice): ICO 10 Mar 2011
The complainant requested information relating to the way in which the London Borough of Redbridge (‘the council’) handled a previous information request. The council initially said that the request was vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). However, the council subsequently complied with the request following a separate decision … Continue reading Redbridge London Borough Council (Decision Notice): ICO 9 Jul 2012
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
The complainant made a number of requests to Brent Council for information relating to complaints against it and their outcomes as well as its expenditure. The public authority refused the request on the basis of the provisions of section 14(1) of Freedom of Information Act 2000, (the Act) stating that the request was vexatious. The … Continue reading Brent Council (Decision Notice): ICO 25 Jun 2009