Tag: Information

NHS Commissioning Board (NHS England) (Health (NHS)) FS50684707: ICO 10 Aug 2017

The complainant has requested staff surveys. NHS England confirmed that it would release the requested information but, at the date of this notice, has not done so. The Commissioner’s decision is that NHS England has breached section 10(1) of the FOIA because it has not communicated the information it holds to the complainant within 20 working days. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: Release to the complainant the information that it holds that the complainant requested on 26 April 2017.
FOI 10: Upheld

Citations:

[2017] UKICO FS50684707

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593988

NHS Commissioning Board (NHS England) (Health (NHS)): ICO 10 Aug 2017

ICO The complainant has requested information about work on updating NHS brand guidelines. NHS England has acknowledged the request but at the date of this notice has not provided a response. The Commissioner’s decision is that NHS England has breached section 10(1) of the FOIA because it has not complied with section 1(1) within 20 working days. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: Provide a response to the complainant’s request of 27 February 2017.
FOI 10: Upheld

Citations:

[2017] UKICO FS50694202

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593992

Greater Manchester Police (Police and Criminal Justice): ICO 22 Aug 2017

The complainant has requested information about the time, costs and staff involved in his dealings with Greater Manchester Police (‘GMP’). GMP refused to comply with the request on the grounds that it was vexatious within the meaning of section 14(1) of the FOIA. The Commissioner’s decision is that GMP was entitled to rely on section 14(1) of the FOIA to refuse to comply with the request.
FOI 14: Not upheld

Citations:

[2017] UKICO FS50672933

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593953

Department for Education (Central Government) FS50683181: ICO 3 Aug 2017

The complainant has requested information about a decision to publish particular figures. The Department for Education (DfE) has released information within the scope of the request and its position is that its response fully addresses the complainant’s request. The Commissioner’s decision is that DfE has released information that addresses the request; that particular information DfE has withheld does not fall within the scope of the request; and that DfE has complied its obligations under section 1(1) of the FOIA. The Commissioner does not require DfE to take any steps to ensure compliance with the legislation.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50683181

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593937

Department for Communities and Local Government (Central Government) FS50661485: ICO 1 Aug 2017

ICO The Complainant requested information from the Department for Communities and Local Government (the Department) concerning the decision to cease Cornish Language funding. The Department initially relied on section 36 to withhold the requested information. However, during the course of this investigation, it instead sought to rely on section 35. The Commissioner’s decision is that the Department was entitled to rely on section 35 to withhold the requested information. The Commissioner does not require the Department to take any steps in this case. This decision notice is currently under appeal to the Tribunal.
FOI 35: Not upheld

Citations:

[2017] UKICO FS50661485

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593934

Department for Education (Central Government) FS50645822: ICO 3 Aug 2017

The complainant has requested information on complaints and reports submitted to the Department for Education (‘the DfE’) regarding a specific Prep School and related Senior School. The Commissioner’s decision is that the DfE has appropriately withheld some of the requested information in reliance of sections 31(1), 36(2)(b)(i) and (ii) and (c) and section 40(2). The Commissioner does not require the public authority to take any steps.
FOI 31: Not upheld FOI 36: Not upheld FOI 40: Not upheld

Citations:

[2017] UKICO FS50645822

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593936

Department for Communities and Local Government (Central Government) FS50664037: ICO 1 Aug 2017

ICO The Complainant requested information from the Department for Communities and Local Government (the Department) concerning the decision to cease Cornish Language funding. The Department initially relied on section 36 to withhold the requested information. However, during the course of this investigation, it instead sought to rely on section 35. The Commissioner’s decision is that the Department was entitled to rely on section 35 to withhold the requested information. The Commissioner does not require the Department to take any steps in this case.
FOI 35: Not upheld

Citations:

[2017] UKICO FS50664037

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593935

Carmarthenshire County Council (Local Government (County Council)) FER0686271: ICO 10 Aug 2017

The complainant made a request that related to correspondence, files, meetings, working methods and employees for the period 1 January 1998 to 13 March 2015 concerning the Council’s planning compliance with National Grid defined safety protocols. The Council responded to the request with some information and a refusal notice for the remainder; however it took longer than 20 working days to do so. The Commissioner’s decision is that the Council breached regulation 5(2) of the EIR for failing to respond within 20 working days and regulation 14(2) of the EIR because it did not provide a refusal notice within 20 working days. There are no steps to take.
EIR 5(2): Upheld EIR 14(2): Upheld

Citations:

[2017] UKICO FER0686271

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593924

Carmarthenshire County Council (Local Government (County Council)) FER0686270: ICO 10 Aug 2017

The complainant made a request for all information that Carmarthenshire County Council (‘the Council’) holds in relation to a former landfill site. The Council refused the request siting regulation 12(4)(b) of the EIR however it took longer than 20 working days to do so. The Commissioner’s decision is that the Council breached regulation 14(2) of the EIR because it did not provide a refusal notice within 20 working days. There are no steps to take.
EIR 14(2): Upheld

Citations:

[2017] UKICO FER0686270

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593923

BBC (Other) FS50690052: ICO 31 Aug 2017

The complainant requested information about the selection of applicants for the audience of Question Time. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50690052

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593914

BBC(Other) FS50691608: ICO 31 Aug 2017

The complainant has requested information relating to the companies or in-house departments commissioned by BBC Radio 4 to make each programme/series detailed in a particular list. The BBC said that the requested information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information is held by the BBC for the purposes of ‘journalism, art or literature’ and does not fall within the scope of FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50691608

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 30 March 2022; Ref: scu.593915