The complainant has requested information from Essex County Council about chilli powder that was found to be contaminated with the illegal food colour Sudan 1. The council refused the complainant’s request 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 has … Continue reading Essex County Council (Decision Notice): ICO 8 Oct 2013
The complainant requested details of any complaints submitted about enforcing officers at the Isle of Wight Council who issue fixed penalty notices. In view of the history and context of the request, the Council believed the request to be vexatious and therefore claimed that section 14(1) of the Freedom of Information Act 2000 applied. The … Continue reading Isle of Wight Council (Decision Notice): ICO 16 Sep 2010
The complainant requested information relating to long running disputes that he has with the council over planning issues and properties that he owns. The council argued that it did not have to comply with the requests because the requests were vexatious and repeated under the Freedom of Information Act 2000 or manifestly unreasonably under the … Continue reading Basildon District Council (Decision Notice): ICO 28 Nov 2011
The complainant has requested various pieces of information about the public authority’s running of the Longfield Suite, an entertainment facility maintained by Bury Council. The request was refused as vexatious by Bury Council. The Commissioner’s decision is that Bury Council has correctly applied section 14(1) of the Freedom of Information Act 2000 in refusing the … Continue reading Bury Metropolitan Borough Council (Decision Notice): ICO 23 Feb 2012
The complainant requested information from Gloucester City Council (the council) relating to internet visits on an officer by officer basis, although he did not require individual names or user IDs. The council refused to comply with the request, relying on the exclusion under section 12(1) and the exemption under section 40(2) of the Freedom of … Continue reading Gloucester City Council (Decision Notice): ICO 7 Aug 2013
The complainant requested a copy of the final report by an operator to the CAA of the Mandatory Occurrence Report (MOR) of an incident which occurred on 29 August 2004. The Public Authority relied on section 44 of the Freedom of Information Act 2000 (FOIA) to withhold the information. The Public Authority cited section 23 … Continue reading Civil Aviation Authority (Decision Notice): ICO 5 Sep 2007
The complainant requested information from the public authority relating to the senior employees employed at the Authority. The complainant requested the names of those senior employees that had their principal private residence within the boundary of the council borough and the names of the senior officers that pay council tax in the borough. The public … Continue reading Wrexham County Borough Council (Decision Notice): ICO 30 Apr 2007
The complainant has requested the full postcodes of certain caravan sites licensed by Canterbury Council. The Valuations Office Agency (VOA) refused to provide this information under section 41 and section 43 of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the VOA has incorrectly applied section 41 and section 43 to … Continue reading Valuation Office Agency (Decision Notice): ICO 30 Jan 2012
The complainant requested information held by several Universities, including Oxford University in relation to research it may have undertaken or be undertaking with primates. This included numbers and species of primates used in previous returns already provided to the Home Office along with a summary of any current research and the species being used. The … Continue reading University of Oxford (Decision Notice): ICO 31 Mar 2009
Fareham Borough Council was asked to provide all unpublished information in connection with the decision to sell the freehold of Portchester Parish Hall. The Council disclosed a limited amount of information and withheld the majority citing exemptions under the Freedom of Information Act 2000. During the investigation, the Council agreed to disclose a significant amount … Continue reading Fareham Borough Council (Decision Notice): ICO 7 May 2009
Blidworth Parish Council was asked to provide the names and addresses of everyone renting allotments on the site which the Parish Council owns adjoining Dale Lane in Blidworth. In its initial response, the Parish Council refused to provide this information, stating simply that it was ‘not allowed’. When the Commissioner advised the Parish Council of … Continue reading Blidworth Parish Council (Decision Notice): ICO 27 Jul 2009
The complainant requested details of payments made to a former landlord by London Borough of Newham in May 2003, including the landlord’s bank account details into which the money was paid. London Borough of Newham refused to disclose the information under s40 (2) of the Freedom of Information Act 2000. The Commissioner upholds the public … Continue reading Newham London Borough Council (Decision Notice): ICO 24 Aug 2009
The complainant requested information from the University of Oxford concerning scientific experiments carried out on a macaque that was featured in a BBC television documentary. The University provided some information however withheld the remaining information on the grounds that it was exempt under section 38 of the Freedom of Information Act 2000, and explained that … Continue reading University of Oxford (Decision Notice): ICO 10 Aug 2009
The complainant made a request to the Highways Agency for the legal advice obtained by it in relation to a planning inquiry relating to restrictions put in place at the Orwell Crossing Lorry Park in Suffolk both before and after the Planning Inspector made his decision to allow the appeal by the lorry park owners … Continue reading Highways Agency (Decision Notice): ICO 16 Jul 2009
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
The complainant requested information from the University of East Anglia relating to the University’s Transparent Approach to Costing (TRAC) system. The University replied to the request, refusing to release any information, citing exemption under section 41(1) of the Freedom of Information Act 2000, but informing the complainant of his right to a review and appeal. … Continue reading University of East Anglia (Decision Notice): ICO 21 Sep 2009
The complainant’s request was as follows: ‘I should like to request all information contained in the Council’s records in relation to the above reference number. This information should be held in paper records and by electronic methods internal and external information.’ The Commissioner’s decision is that the London Borough of Redbridge (the Council) was wrong … Continue reading Redbridge London Borough Council (Decision Notice): ICO 17 Nov 2011
The complainant made a request to the Governing Body of Wood Green High School (the ‘School’) for information relating to the letting of School facilities. The School provided its lettings policy but refused to provide the complainant with the rest of the requested information and relied upon the provisions contained at sections 12 and 14 … Continue reading Wood Green High School (Decision Notice): ICO 16 Jul 2009
The complainant requested information from the public authority relating to complaints and correspondence about websites he was involved with. The public authority refused to deal with the request on the grounds that it was vexatious, citing section 14(1) of the Freedom of Information Act 2000. The Commissioner finds that the public authority failed to provide … Continue reading New Milton Town Council (Decision Notice): ICO 22 Aug 2011
The complainant requested copies of all minutes and correspondence held by Denmead Parish Council relating to Hampshire Alliance for Rural Affordable Homes and landowners at a particular address covering the last 12 months. The Council initially refused to provide information, stating that the information held was exempt under section 41 of the Freedom of Information … Continue reading Denmead Parish Council (Decision Notice): ICO 3 Jun 2010
The complainant requested information from the Cabinet Office in relation to a Subject Access Request (SAR) he had submitted under the provisions of the Data Protection Act 1998 (DPA). The Cabinet Office refused the request under section 14(1) of the Freedom of Information Act 2000 (the Act) as it considered the request to be vexatious. … Continue reading Cabinet Office (Central Government) FS50650170: ICO 5 Apr 2017
The complainant made two sets of requests to the Queen’s College for information principally relating to the proposed sale of land at Keresley, which formed part of larger plans for a residential development. The public authority responded by stating that, for most parts of the request, it did not hold recorded information. Where any information … Continue reading Queens College (Decision Notice): ICO 8 Aug 2011
The complainant wrote to the Environment Agency to request information regarding the Hendon Sewage Treatment Works. The Environment Agency refused the request under section 14 of the Freedom of Information Act 2000 on the grounds that it was vexatious. The complainant subsequently complained to the Commissioner who found that the request was for environmental information … Continue reading Environment Agency (Decision Notice): ICO 17 Feb 2009
The complainant made a request to the Insolvency Service for information relating to bankruptcies. Owing to the context and history of the request, the Service determined that it should be deemed vexatious for the purposes of section 14(1) of the Freedom of Information Act 2000. The Commissioner has investigated and has found that the Service … Continue reading Insolvency Service (Decision Notice): ICO 8 Nov 2010
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
Under the Freedom of Information Act 2000 (the ‘FOIA’) the complainant requested copies of Airprox, or similar, reports in relation to three incidents involving aircraft. By way of background, the public authority defines an Airprox incident as a situation when, in the opinion of a pilot or a controller, the distance between aircraft as well … Continue reading Civil Aviation Authority (Decision Notice): ICO 19 Jun 2007
On 28 June 2005 the complainant requested information from Yorkshire Forward, a Regional Development Agency, regarding corporate events it had hosted from 2003 to date. Yorkshire Forward responded on 4 July 2005, providing information it had already issued in response to a previous request made by a different requester. The Information Commissioner finds that Yorkshire … Continue reading Yorkshire Forward (Decision Notice): ICO 5 Jun 2007
The defendant argued that as Governor and Chief Excecutive of Bayelsa State in Nigeria he had sovereign immunity. The Foreign Office had issued a certificate that the defendant was not a Head of States under the 1978 Act. The A-G of Bayelsa had certified that the defendant was a head of State but the A-G … Continue reading Alamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service: Admn 25 Nov 2005
The complainant made fifteen requests for information to the Council over a period of three months. The complainant requested information concerning a planning application submitted by his neighbour, subsequent complaints he had made about the matter, and other related information. Some of the requests were for information which falls within the definition of environmental information … Continue reading Wokingham District Council (Decision Notice): ICO 3 Jan 2007
ICO The complainant requested correspondence between the Prince of Wales (the Prince) and Tony Blair. The Cabinet Office refused to confirm or deny whether relevant information relevant to the request was held under section 37(2) of the Freedom of Information Act 2000 (the Act) because if any information was held it would relate to relate … Continue reading Cabinet Office (Central Government) FER0587279: ICO 9 Nov 2016
The complainant requested information from Basildon District Council relating to the removal of specific traveller sites. The Council initially withheld the information using section 43 of the Freedom of Information Act 2000. At the internal review stage, it sought to withhold the information using the additional exemptions under section 31, 38 and 41. The Information … Continue reading Basildon District Council (Decision Notice): ICO 28 Feb 2011
ICO The complainant requested information relating to the attempted murder of Martin McGartland in 1999 and Northumbria Police’s investigation of that incident. The Commissioner’s decision is that Northumbria Police was correct to deem the request vexatious within the meaning of section 14(1) of the Freedom of Information Act 2000 (the Act). The Commissioner however finds … Continue reading Northumbria Police (Decision Notice): ICO 13 Feb 2012
The claimant had cohabited with the deceased: ‘The claimant seeks a declaration in one of two alternative forms: i) Pursuant to s.3 of the Human Rights Act 1998 . . that s.1A(2)(a) of the Fatal Accidents Act 1976 . . is to be read as including cohabitees who were living with the deceased in the … Continue reading Smith v Lancashire Teaching Hospitals NHS Trust and Another: QBD 8 Sep 2016
The complainant made a request for information to Yaxley Parish Council on 9 February 2010. The Council refused to comply with the request on the grounds that it considered it to be vexatious under section 14 of the Freedom of Information Act 2000. The Commissioner investigated and found that requested information was environmental and should … Continue reading Yaxley Parish Council (Decision Notice): ICO 20 Jan 2011
ICO The complainant has requested information relating to any complaint made by the DoH to the BBC in relation to news coverage in any way since 1 April 2014. The DoH refused to disclose the requested information under section 36(2)(b)(ii) FOIA. The Commissioner’s decision is that section 36(2)(b)(ii) FOIA was applied incorrectly to the withheld … Continue reading Department of Health (Central Government) FS50608417: ICO 8 Jun 2016
The complainant had made a number of requests to the public authority prior to this case. The first request dealt with in this Decision Notice (the original request’) was for all information which had been redacted from documents released as a result of one of the previous requests on the basis that it was not … Continue reading Department for Culture Media and Sport (Decision Notice): ICO 10 Dec 2009
ICO The complainant has requested information on any meetings between the Chair of a Pay Review Body and politicians/civil servants to discuss the document on doctors and dentists contract reform. The Department of Health identified a number of documents including briefings, minutes and information provided to oral evidence sessions which it considered exemption on the … Continue reading Department of Health (Central Government) FS50600541: ICO 10 May 2016
The complainant requested information from Stockport Metropolitan Borough Council relating to the issue of redundant school land not meeting expectations in the current financial crisis. The Council refused to comply with the request on the grounds that it considered it to be vexatious under section 14 of the Freedom of Information Act 2000. However, the … Continue reading Stockport Metropolitan Borough Council (Decision Notice): ICO 10 Nov 2009
The complainant made a request for information to the City of Westminster on 19 January 2008 for a copy of all correspondence and documentation regarding the commissioning, production and issuing of a fire risk assessment report. The Council refused to comply with the request on the grounds that it considered it to be vexatious under … Continue reading City of Westminster Council (Decision Notice): ICO 3 Nov 2009
The claimant solicitor sought the release to him of six closed complaints files. The court now heard preliminary applications. Held: The claim was struck out. Fraser J [2016] EWHC 947 (QB) Bailii Freedom of Information Act 2000 England and Wales Legal Professions, Litigation Practice, Information Updated: 14 January 2022; Ref: scu.563184
Following the conclusion of a public inquiry concerning the proposed Port of Exeter Harbour Revision Order, the complainant asked to be provided with a copy of the Inspector’s report before the Secretary of State for Transport makes his decision about whether or not to approve it. The Planning Inspectorate initially dealt with the request under … Continue reading Department for Communities and Local Government (Decision Notice): ICO 26 Nov 2009
The complainant made a request to the BBC for tender and commissioning information relating to Democracy Live, which provides coverage of the United Kingdom’s political institutions and the European Parliament. The BBC responded by stating that the requested information fell outside the scope of the Freedom of Information Act 2000 because it is information held … Continue reading BBC (Decision Notice): ICO 16 Jun 2011
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and claimed in breach of confidence. Held: ‘The law [of confidence] now affords protection … Continue reading Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008
The complainant asked the public authority to provide information relating to her pension statement and the dates it reached Warwickshire County Council and herself. The public authority did not respond to this request as it was relying on a previous refusal notice citing the exclusion at section 14 of the Freedom of Information Act 2000, … Continue reading Warwickshire County Council (Decision Notice) FS50371802: ICO 31 May 2011
Dismissed [2016] UKFTT 2015 – 0148 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 10 January 2022; Ref: scu.559738
The complainant made a series of requests to Blackpool, Fylde and Wyre Hospitals NHS Trust relating to the death of his mother following a surgical procedure and his subsequent complaint about this matter. Owing to the resources that it felt it had expended on these issues, the Trust came to label the complainant as vexatious … Continue reading Blackpool Fylde and Wyre Hospitals NHS Trust (Decision Notice): ICO 4 Nov 2009
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019
The complainants asked Warwickshire County Council whether it had received any fees or advantage as a result of introducing its employees to a particular pension scheme. The public authority issued a refusal notice stating the request was exempt by virtue of the exclusions under sections 14(1) (vexatious requests) and 14(2) (repeated requests) of the Freedom … Continue reading Warwickshire County Council (Decision Notice) FS50348852: ICO 31 May 2011
ICO Local government (Parish council) The complainant requested to know the reason for the exclusion of the press and public from parts of the meetings of Codsall Parish Council (‘the council’) as well as the outcomes or resolutions. The council indicated the general reason why the press and public had been excluded but it said … Continue reading Codsall Parish Council (Local Government (Parish Council)): ICO 1 Oct 2015
ICO The complainant has requested information about the C10 bus service. TfL refused to comply with the request under section 14(1) of the Freedom of Information Act 2000 (FOIA) as it considered it to be vexatious. The Commissioner’s decision is that TfL has correctly applied section 14(1) FOIA. The Commissioner requires no steps to be … Continue reading Transport for London (Education (Other)): ICO 23 Jul 2015
ICO The complainant has requested information as to how many doctors had been dismissed from their employment for ‘gross misconduct’ in the period 2012-2014. The GMC refused to comply with the request under section 12 of the Freedom of Information Act 2000 (FOIA) as it said it would exceed the cost limit to do so. … Continue reading General Medical Council (Local Government (Other)): ICO 27 Jul 2015
ICO (Central Government) The complainants requested information from the Department for Communities and Local Government (‘DCLG’) relating to a complaint they had made about Arun District Council (‘the council’). DCLG refused to respond to the requests on the basis that they were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). … Continue reading Department for Communities and Local Government – FS50559640: ICO 23 Jul 2015
ICO The complainant has requested the minutes of two meetings held between Jeremy Hunt and Kaiser Permanente in January and March 2014. In addition, he requested communications held between Jeremy Hunt, and his special advisers and Kaiser Permanente representatives. The DoH said that it did not hold the information requested by the complainant under section … Continue reading Department of Health (Central Government) FS50567568: ICO 29 Jun 2015
ICO The complainant requested various items of information from East Devon District Council (‘the council’) relating to the council’s proposed relocation from Knowle. The council responded to the requests by supplying internet links to information it had already published on its website. It subsequently said that some information was excepted under regulation 12(4)(e), 12(5)(b) and … Continue reading East Devon District Council (Local Government (District Council)): ICO 12 May 2015
ICO Education (Other) The complainant has requested the name, contact details, qualifications, experience and publication record of the four GP expert witnesses who advised on his case. The PHSO has provided the complainant with some information but has refused to provide some of the requested information under section 40(2) of the Freedom of Information Act … Continue reading Parliamentary and Health Service Ombudsman (Education (Other)): ICO 9 Feb 2015
The complainant requested information relating to the Council’s decision to end the Stamford Scholarship Scheme. The Council supplied some information but it refused to provide copies of legal advice and cited the exemption under section 42(1) of the Freedom of Information Act 2000. It said that the public interest did not favour disclosure of the … Continue reading Lincolnshire County Council (Decision Notice): ICO 16 Jun 2011
The complainant made a number of requests under the Freedom of Information Act 2000 for various sets of minutes from the school. The school ultimately provided the complainant with some of the information he requested but made some redactions to the information provided. The complainant was dissatisfied with the redactions made to two sets of … Continue reading Calday Grange Grammar School (Decision Notice): ICO 29 Jun 2011
The complainant requested information from Cornwall Council (‘the council’) relating to a particular property. The council transferred the requests to Cornwall Housing Limited (‘Cornwall Housing’). Cornwall Housing provided some information but subsequently said that the requests were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The complainant argued that the … Continue reading Cornwall Council (Local Government (District Council)): ICO 12 May 2015
Dismissed [2015] UKFTT 2014 – 0290 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 02 January 2022; Ref: scu.550061
Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979
The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed. Held: The powers given to the police were too wide, provided inadequate protection against abuse, and violated the … Continue reading Gillan and Quinton v The United Kingdom: ECHR 12 Jan 2010
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
Ban on Prisoners talking to Journalists unlawful 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 undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments. Held: The appeal failed (Majority). The A-G had not been free to rely upon section 53 to issue a certificate avoiding the requirement to disclose the … Continue reading Evans and Another, Regina (on The Application of) v Attorney General: SC 26 Mar 2015
The complainant made a request for information to Northumberland County Council relating to proposals to install bus stops. The request contained a number of points. In relation to point 1 of the request, the council said that it could neither confirm nor deny whether the information was held and it cited the exemption under section … Continue reading Northumberland County Council (Decision Notice) FS50381566: ICO 21 Sep 2011
The appellant had been ostentatiously photographed by the police as he left a company general meeting. He was a peaceful and lawful objector to the Arms Trade. He appealed against refusal of an order for the records to be destroyed. The police had refused to disclose elements of their policies for overt photography. Held: The … Continue reading Wood v Commissioner of Police for the Metropolis: CA 21 May 2009
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
The complainant requested all email communication to or from the Chief Executive of Knowsley Metropolitan Borough Council that mentions Everton in May and June 2008. Some relevant information was disclosed however the Council withheld one email using the exemption under section 36 of the Freedom of Information Act 2000. The Information Commissioner investigated and decided … Continue reading Knowsley Metropolitan Borough Council (Decision Notice): ICO 26 Jan 2011
The complainant requested information from Salford City Council (the Council) relating to its councillors and the Mayor of Salford. The Council initially refused the requests as vexatious under section 14(1) of the Freedom of Information Act 2000 (the Act). After an internal review the Council provided some of the relevant information it held, refused parts … Continue reading Salford City Council (Local Government (City Council)): ICO 24 Jun 2015
The complainant, and his wife, requested information about a doctor who had previously worked for the public authority. Specifically he asked whether the doctor had been carrying out a six monthly rotation as part of her training for General Practice, whilst working in Huddersfield Royal Infirmary’s Haematology Department in 2003. The public authority refused to … Continue reading Calderdale and Huddersfield NHS Foundation Trust (Decision Notice): ICO 17 Apr 2007
ICO The complainant made 5 requests between April 2007 and June 2007 under the Freedom of Information Act 2000 (the ‘Act’) to the Medicines and Healthcare Products Regulatory Agency (MHRA) for information relating to the anti-depressant drug Seroxat. The MHRA deemed these requests vexatious in accordance with section 14(1) of the Act. The Commissioner considered … Continue reading Medicines and Healthcare Products Regulatory Agency (Decision Notice): ICO 10 Sep 2008
ICO The complainant requested a report from the public authority that it had prepared on the charging of overseas visitors for treatment received under the NHS. Initially the public authority refused to disclose any of the report. However, it subsequently decided to release the report but withheld the names of the NHS Trusts which provided … Continue reading Department of Health (Decision Notice): ICO 15 Apr 2008
ICO The complainant requested copies of correspondence exchanged between The Prince of Wales and government ministers at the public authority over an eight month period. The complainant also requested a list and schedule of this correspondence. The public authority initially relied on the interaction of sections 37(1)(a) and 37(2) to refuse to confirm or deny … Continue reading Department of Health (Decision Notice): ICO 21 Dec 2009
ICO The complainant requested information from Tenterden Town Council relating to the ‘Tenterden Southern Extension’). The council provided some information however it sought to withhold information using various exemptions under the Freedom of Information Act 2000 (‘the FOIA’). Following the Commissioner’s intervention, the council reconsidered the request under the Environmental Information Regulations 2004 (‘the EIR’) … Continue reading Tenterden Town Council (Decision Notice): ICO 26 Sep 2012
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 requested a copy of the Gateway review report produced in September 2006 regarding the Department of Health’s Modernising Medical Careers (MMC) programme. Some of the information was disclosed, however the majority of the requested information was withheld under section 35(1)(a) of the Freedom of Information Act 2000. The Commissioner has reviewed the … Continue reading Department of Health (Decision Notice): ICO 29 Jul 2009
ICO The complainant made a request for documents containing discussions in respect of the modernising medical careers initiative with emphasis on information held in relation to proposed variations to the Consultant contract. The public authority disclosed some information but specifically withheld submissions made to Ministers by civil servants in respect of the Consultant contract by … Continue reading Department of Health (Decision Notice): ICO 30 Mar 2009
ICO The complainant requested information from Cleveland and Redcar Borough Council relating to the construction of sea defences in Coatham. The Council disclosed some information about the project, but did not fully meet the information request. In addition, it did not confirm or deny that it held any other information in respect of this case … Continue reading Redcar and Cleveland Borough Council (Decision Notice): ICO 17 Feb 2009
ICO The complainant requested a copy of any blacklists which London Borough of Hillingdon (the Council) may operate with regards to restricted contact with complainants. The Council refused to disclose the information by virtue of section 40(2) of the Freedom of Information 2000 Act (‘the Act’). During the course of the Commissioner’s investigation the Council … Continue reading Hillingdon London Borough Council (Decision Notice): ICO 21 Dec 2010
The complainant requested information relating to a study carried out into elective home education known as -‘The Badman Report’. The public authority refused to disclose the requested information relying upon section 14(1) of the Freedom of Information Act 2000. The Commissioner considers that the public authority applied section 14 appropriately. However he finds that the … Continue reading Department for Education (Decision Notice): ICO 16 Dec 2010
ICO The complainant requested information from the Ministry of Justice (MOJ) about the issue of ‘third party capture’ by liability insurers. The authority provided some information in response to the request. However, it refused to provide a copy of the legal advice passed to the MOJ by the Financial Services Authority further to an Exemption … Continue reading Ministry of Justice (Decision Notice) FS50269559: ICO 3 Aug 2010
ICO The complainant requested a copy of a briefing document prepared for a Minister by a DoH official. The DoH initially cited section 14(1), and refused to deal with the request on the grounds that it was vexatious. During the Commissioner’s investigation he found that some of the requested information was, in fact, the complainant’s … Continue reading Department of Health (Decision Notice): ICO 11 Aug 2010
ICO The complainant requested details of the unit cost of the vaccine Cervarix, and the value of the contract with the vaccine manufacturer. The Department of Health refused to provide this information, citing section 43(2). During the course of the investigation the DoH also stated that the information was exempt under sections 41 and 44. … Continue reading Department of Health (Decision Notice): ICO 18 May 2010
ICO The complainant submitted a request to Cornwall Council (‘the Council’) for details regarding the decision to place an individual (since deceased) into care. The Council provided some information but refused to disclose other information on the basis that it constituted part of the deceased’s health records. It informed the complainant that the information would … Continue reading Cornwall Council (Decision Notice): ICO 10 May 2010
ICO The complainant made a request under the Freedom of Information Act 2000 to the Department of Heal for advice from the Chief Medical Officer (CMO) to the Secretary of State for Health in August 1990 regarding the litigation over the infection of haemophiliacs with HIV through contaminated blood products. The DoH refused the complainant’s … Continue reading Department of Health (Decision Notice): ICO 17 May 2010
The complainant requested a copy of a report held by St Neots Town Council (‘the Council’) concerning an incident in November 2007 in St Neots involving the Christmas light display. The Council provided a copy of the report with redactions and it also withheld all the appendices to the report. It stated that it wished … Continue reading St Neots Town Council (Decision Notice): ICO 26 Apr 2010
ICO The complainant submitted a seven-part request to the Department of Health concerning the correspondence which the DH may have exchanged with HRH The Prince of Wales and His Royal Highness’representatives. The DH initially refused to confirm or deny whether it held information falling within the scope of the request in reliance on section 37(2) … Continue reading Department of Health (Decision Notice): ICO 30 Mar 2010
ICO The complainant requested information concerning housing jobs carried out by the council’s Housing Department. Exeter City Council ) refused to provide the information, relying on the exemption relating to personal information and the exclusion relating to costs under the Freedom of Information Act 2000. During the Commissioner’s investigation, the council also introduced an exemption … Continue reading Exeter City Council (Decision Notice): ICO 13 Dec 2011
ICO The complainant requested information about the tendering process undertaken in the appointment of a specific solicitor by the council. The Commissioner’s decision is that Suffolk County Council [the council] has supplied the complainant with all of the requested information. The information was not supplied within 20 working days and therefore the council has breached … Continue reading Suffolk County Council (Decision Notice): ICO 23 Nov 2011
ICO The complainant made a number of requests for information to the Department of Health about the new NHS bill and other issues about its handling of the correspondence. He referred six of these requests to the Information Commissioner who numbered them requests [1] to [6]. The DoH confirmed that it had answered request [1] … Continue reading Department of Health (Decision Notice): ICO 9 Nov 2011
The complainant made a request for information under the Freedom of Information Act 2000. Leicester City Council answered the request late and provided the relevant recorded information incrementally. The Information Commissioner finds that Leicester City Council breached section 10(1) because it failed to comply with section 1(1) in 20 working days. He requires no remedial … Continue reading Leicester City Council (Decision Notice): ICO 9 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 information relating to the independent valuation of a number of properties. The valuations had been obtained because the Council wished to purchase the properties as part of a redevelopment scheme. The Council refused to provide the information, citing the exclusions under section 12(1), 14(1) and 14(2). It also sought to rely … Continue reading Hartlepool Borough Council (Decision Notice): ICO 16 May 2011
ICO The complainant requested a full extract of the minutes from the NHS Management Board in July 2006 that mentioned ‘new management arrangements’ that were referred to in a letter dated 21 August 2006. The public authority provided an extract of the minutes dated 19 July 2006 and confirmed that no further relevant recorded information … Continue reading Department of Health (Decision Notice) FS50326236: ICO 10 Jan 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
ICO The complainant asked Greater Manchester Police (the ‘public authority’) to provide information relating to interpreters. The public authority refused to deal with the request on the grounds that it was vexatious, citing section 14(1) of the Freedom of Information Act 2000. The Commissioner finds that the public authority failed to provide adequate reasons that … Continue reading Greater Manchester Police (Decision Notice): ICO 15 Sep 2011
The complainant made a request to the Heart of England NHS Foundation Trust for the full names and registration numbers of the nurses who were working on a specific ward during the hospitalisation of her mother up until she passed away. Owing to its context and history, the Trust refused to comply with the request … Continue reading Heart of England NHS Foundation Trust (Decision Notice): ICO 11 Jan 2011
The complainant has requested an internal report about the conduct/competency of a named psychiatrist. Nottinghamshire Healthcare NHS Trust (the Trust) refused to confirm or deny whether or not the requested information was held under section 40(5) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the Trust was correct to neither … Continue reading Nottinghamshire Healthcare Trust (Decision Notice): ICO 24 Apr 2013