Tag: Information

Cabinet Office (Central Government): ICO 15 Mar 2018

The complainant has requested the agenda and minutes of a meeting which he believes took place after 14 May 2009 regarding the Iraq Inquiry. This meeting is referred to in other information that the Cabinet Office has disclosed under FOIA. The Cabinet Office initially confirmed holding this information but said it needed further time to consider the balance of public interest in relation to section 36 (prejudice to the effective conduct of public affairs). It subsequently corrected what it considered to be an erroneous position and argued that it did not hold information within the scope of the request. The Commissioner’s decision is that the Cabinet Office does not hold any information within the scope of the request but that it contravened the requirements of section 10(1) of the Act by failing to provide a response within 20 working days of the date of the request. No steps are required.
FOI 10: Complaint upheld FOI 1: Complaint not upheld

Citations:

[2018] UKICO FS50672116

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617559

Cabinet Office (Central Government) FS50679830: ICO 13 Mar 2018

The complainant submitted a request to the Cabinet Office seeking information about the assassination of Benazir Bhutto. The Cabinet Office confirmed that it held information falling within the scope of the request but it sought to withhold this on the basis of the following exemptions within FOIA: sections 27(1)(a), (c) and (d) and 27(2) (international relations); sections 31(1)(a), (b) and (g) section (law enforcement); section 38(1)(b) (health and safety); section 40(2) (personal data); sections 31(1)(a), (b) and (g) section (law enforcement); and 41(1) (information provided in confidence). The Commissioner has concluded that the withheld information is exempt from disclosure on the basis of sections 27(1)(a), (c), (d) of FOIA and that in all the circumstances of the case the public interest favours maintaining the exemptions.
FOI 27: Complaint not upheld

Citations:

[2018] UKICO FS50679830

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617561

Cabinet Office (Central Government): ICO 20 Mar 2018

The complainant has requested information submitted by former Prime Ministers in relation to their claim for the Public Duty Costs Allowance. The Cabinet Office refused to disclose the information citing section 40(2) and section 41(1) of the Act. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 40(2) and section 41(1) for part of the requested information but the remaining information should be disclosed. The Commissioner requires the public authority to provide the complainant with the information that falls outside of the exemptions under section 40(2) and section 41(1). The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 40: Complaint partly upheld FOI 41: Complaint partly upheld

Citations:

[2018] UKICO fs50639272

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617558

Cardiff Council (Local Government): ICO 20 Mar 2018

The complainant requested details of parking tickets issued to a specific vehicle. Cardiff Council (‘the Council’) refused to confirm or deny whether the requested information is held by virtue of section 40(5) of the FOIA. The Commissioner’s decision is that the Council is not entitled to rely on section 40(5) to refuse to confirm or deny whether it holds information falling within the scope of the request. The Commissioner requires the Council to issue a fresh response under the FOIA to the request which does not rely on section 40(5).
FOI 40: Complaint upheld

Citations:

[2018] UKICO FS50698997

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617562

Cabinet Office (Central Government) FS50672452: ICO 13 Mar 2018

The complainant has requested minutes and all papers of a meeting on immigration held in the early months of 2012 and attended by David Cameron, Steve Hilton and senior civil servants, during which the Government’s immigration target was discussed. The public authority withheld the information held within the scope of the request on the basis of section 35(1)(a) FOIA. The Commissioner has concluded that the public authority was entitled to rely on section 35(1)(a) FOIA
FOI 35: Complaint not upheld

Citations:

[2018] UKICO FS50672452

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617560

BBC (Other): ICO 21 Mar 2018

The complainant has requested information from the BBC about the closure of Caversham Park. The BBC has not provided a response to the request. The Commissioner’s decision is that: The BBC has breached section 10(1) of the FOIA as it has not complied with section 1(1) within 20 working days with respect to the complainant’s request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Respond to the complainant’s request of 27 September 2017 by issuing a substantive response that meets the requirements of the FOIA.
FOI 10: Complaint upheld

Citations:

[2018] UKICO fs50725007

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617553

BBC (Other): ICO 28 Mar 2018

The complainant has requested information from the BBC about pay gaps. The Commissioner’s decision is that: the BBC has breached section 10(1) of the FOIA as it has not complied with section 1(1) within 20 working days with respect to the complainant’s request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Respond to the complainant’s request of 12 January 2018 by issuing a substantive response that meets the requirements of the FOIA.
FOI 10: Complaint upheld

Citations:

[2018] UKICO fs50727583

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617554

BBC (Other): ICO 20 Mar 2018

The complainant requested information on the identity of a Commissioning Editor in the 1990s. The BBC confirmed that they did not hold any further information. The complainant considered that more information must be held. The Commissioner’s decision is that the BBC does not hold any further information in this case. The Commissioner does not require the BBC to take any steps.
FOI 1: Complaint not upheld

Citations:

[2018] UKICO fs50716144

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617552

BBC (Other): ICO 26 Mar 2018

The complainant has requested information on TV Licensing’s policies on handling personal data. The BBC responded to the request, providing some information, stating some information was not held and withheld details of its security verification procedures on the basis of section 31 of the FOIA. The Commissioner’s decision is that the BBC has correctly engaged section 31 of the FOIA and the public interest favours maintaining the exemption.
FOI 31: Complaint not upheld

Citations:

[2018] UKICO fs50691059

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617551

Ministry of Justice (Central Government) FS50709502: ICO 19 Feb 2018

The complainant requested information relating to the prosecution of various parties before the Solicitors Disciplinary Tribunal or the investigation of parties by the Solicitors Regulation Authority. The Ministry of Justice (MoJ) refused to comply with the request on the basis that to do so would exceed the appropriate limit in costs set by section 12(1) of the FOIA (cost of compliance). The Commissioner’s decision is that the MoJ correctly applied section 12(1) and found that there is no breach of section 16(1) of the FOIA (duty to provide advice and assistance). She requires no steps to be taken as a result of this decision.
FOI 12: Complaint not upheld FOI 16: Complaint not upheld

Citations:

[2018] UKICO FS50709502

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617509

Ministry of Justice (Central Government): ICO 12 Feb 2018

The complainant requested information about a court case. The Ministry of Justice (MoJ) refused to confirm or deny whether it held this information and relied on the exemptions provided by sections 32(3) (court records) and 40(5) (personal information) of the FOIA. The Commissioner’s conclusion is that the MoJ cited section 32(3) correctly so it was not obliged to confirm or deny whether it held the information requested by the complainant.
FOI 32: Complaint not upheld

Citations:

[2018] UKICO FS50703439

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617506

Ministry of Justice (Central Government) FS50714191: ICO 19 Feb 2018

The complainant has requested from the Ministry of Justice an updated version of the Bailiff Manual. The Commissioner’s decision is that the Ministry of Justice has breached Sections 1 and 10 of the FOIA in that it has failed to provide a valid response to the request within 20 working days of receipt. The Commissioner requires the Ministry of Justice to take the following step to ensure compliance with the legislation. Respond to the complainant’s request dated 11 May 2017 under FOIA. The Ministry of Justice must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Complaint upheld FOI 1: Complaint upheld

Citations:

[2018] UKICO FS50714191

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617510

Ministry of Justice (Central Government) FS50696408: ICO 19 Feb 2018

The complainant has requested from the Ministry of Justice (MoJ) information relating to cases involving joint enterprise convictions between the years 2005 and 2015. The Commissioner’s decision is that the MoJ has correctly applied section 12(1) of the FOIA to the requested information and has also provided the complainant with advice and assistance in accordance with section 16(1) of the FOIA. Therefore, the Commissioner does not require the MoJ to take any steps.
FOI 12: Complaint not upheld

Citations:

[2018] UKICO FS50696408

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617501

Ministry of Justice (Central Government) FS50703782: ICO 19 Feb 2018

The complainant requested information relating to civil court proceedings with a specific case reference number. The Ministry of Justice (MoJ) neither confirmed nor denied holding the requested information citing sections 32(3) (court records) and 40(5) (personal information) of the FOIA. The Commissioner has investigated the MoJ’s application of section 32(3) of the FOIA. Her decision is that the MoJ was entitled to rely on that exemption to neither confirm nor deny holding the requested information. The Commissioner requires no steps to be taken as a result of this decision.
FOI 32: Complaint not upheld

Citations:

[2018] UKICO FS50703782

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617507

Ministry of Justice (Central Government) FS50696540: ICO 19 Feb 2018

The complainant has requested from the Ministry of Justice (MoJ) information relating to cases involving joint enterprise convictions between the years 2005 and 2015. The Commissioner’s decision is that the MoJ has correctly applied section 12(1) of the FOIA to the requested information and has also provided the complainant with advice and assistance in accordance with section 16(1) of the FOIA. Therefore, the Commissioner does not require the MoJ to take any steps.
FOI 12: Complaint not upheld

Citations:

[2018] UKICO FS50696540

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617502

Lambeth London Borough Council (Local Government) FS50683415: ICO 5 Feb 2018

The complainant requested a copy of an audit report. The London Borough of Lambeth (the Council) refused the request under section 36(2)(b) and (c) – prejudice to the conduct of public affairs. The Commissioner is satisfied that section 36(2)(b) and (c) is engaged and the public interest favours maintaining the exemption. The Commissioner does not require the public authority to take any action.
FOI 36: Complaint not upheld

Citations:

[2018] UKICO FS50683415

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617488

Lambeth London Borough Council (Local Government) FS50687769: ICO 5 Feb 2018

The complainant requested information from the London Borough of Lambeth (LBL) on 4 December 2016 about the Local Audit and Accountability Act 2014. The Commissioner’s decision is that LBL has breached section 10 FOIA, has breached section 16 FOIA and is not entitled to rely on section 12 FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response to the request dated 4 December 2016 which does not rely on section 12. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Complaint upheld FOI 16: Complaint upheld FOI 12: Complaint upheld

Citations:

[2018] UKICO FS50687769

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617489