Tag: Information

National Archives (Central Government) FS50647941: ICO 30 Jan 2017

ICO The complainant requested a copy of the closed extract from a file. The request was refused by the National Archives (TNA) on the grounds of health and safety (section 38 of FOIA). The Commissioner has found that section 38(1) is engaged and that in all the circumstances the public interest in disclosure is outweighed by the public interest in maintaining the exemption. The Commissioner does not require the public authority to take any remedial steps to ensure compliance with the legislation.
FOI 38: Not upheld

Citations:

[2017] UKICO FS50647941

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579790

Ministry of Justice (Central Government) FS50660393: ICO 23 Jan 2017

ICO The complainant requested information from the Ministry of Justice (the ‘MOJ’) about reoffending data relating to serious sexual offences for a specified period. By the date of this notice, the MOJ has yet to provide a substantive response to this request. The Commissioner’s decision is that the MOJ breached sections 1 and 10 of the FOIA in that it failed to provide a valid response to the request within 20 working days of receipt. She requires the MOJ to respond to the request in accordance with the obligations under the FOIA.
FOI 1: Upheld FOI 10: Upheld

Citations:

[2017] UKICO FS50660393

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579788

General Medical Council (Local Government (Other)): ICO 10 Jan 2017

The complainant has requested a deceased individual’s medical records. The General Medical Council (GMC) says the requested information is exempt from disclosure under section 21 of the FOIA as it is already reasonably accessible to the complainant through other means, namely the Access to Health Records Act 1990. The Commissioner’s decision is that the requested information is exempt from disclosure under section 21(1) of the FOIA. She does not require the GMC to take any steps.
FOI 21: Not upheld

Citations:

[2017] UKICO FS50628964

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579766

Home Office (Central Government): ICO 16 Jan 2017

ICO The complainant requested information from the Home Office relating to a complaint which had concluded with a decision notice issued by the Information Commissioner. The Home Office refused to provide the requested information citing section 14(1) of the FOIA (vexatious request). The Commissioner’s decision is that the Home Office correctly applied section 14(1) to the request. The Commissioner requires no steps to be taken.
FOI 14: Not upheld

Citations:

[2017] UKICO FS50647981

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579773

Home Office (Central Government): ICO 11 Jan 2017

ICO The complainant has requested information about asylum seekers from the Home Office (the ‘HO’). The HO refused to provide this citing section 40(2) (personal information) of the FOIA. During the Commissioner’s investigation the HO also suggested that some information may not be held. The Commissioner’s decision is that section 40(2) is not engaged. The Commissioner requires the HO to disclose the information withheld under section 40(2) and to issue a fresh response in respect of any information within the scope of the request which is not held.
FOI 1: Upheld FOI 40: Upheld

Citations:

[2017] UKICO FS50646722

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579772

Department for Environment Food and Rural Affairs (Central Government): ICO 23 Jan 2017

ICO The complainant requested from the Animal and Plant Health Agency (‘APHA’) information about tests on cattle. APHA applied section 12 to the request. The Commissioner’s decision is that APHA has correctly applied section 12 to the request and so does not require it to take any further steps to ensure compliance with the legislation. As an executive agency of the Department for Environment, Food and Rural Affairs, APHA does not constitute a public authority for the purposes of FOIA and so this notice is issued to its parent Department.
FOI 12: Not upheld

Citations:

[2017] UKICO FS50637425

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579753

Camden Council (Local Government (District Council)) FER0648668: ICO 26 Jan 2017

ICO The complainant has requested information from the London Borough of Camden (‘the Council’) relating a redevelopment of 156 West End Lane. The Commissioner’s decision is that the Council has correctly applied regulation 12(4)(b) and the public interest favours maintaining the exception. However, the Commissioner considers that the Council has not met its obligations under regulation 9(2) in providing sufficient advice and assistance to the complainant. The Commissioner requires the Council to provide assistance to the complainant on how to reduce the scope of his request so that it is no longer manifestly unreasonable. The Council 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.
EIR 9(2)(a): Upheld EIR 12(4)(b): Not upheld

Citations:

[2017] UKICO FER0648668

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579744

Camden Council (Local Government (District Council)) FS50628543: ICO 26 Jan 2017

ICO The complainant has requested information from the London Borough of Camden (‘the Council’) relating to the Council’s policy on Freedom Passes. The Commissioner’s decision is that the Council does not hold the requested information. The Commissioner requires the Council to take no steps.
FOI 1: Not upheld

Citations:

[2017] UKICO FS50628543

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579745

BBC (Other) FS50650473: ICO 12 Jan 2017

ICO The complainant has requested information relating to a program on Radio 4 called ‘Thought for Today’. The BBC explained that 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 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 FS50650473

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579735

BBC (Other) FS50654840: ICO 12 Jan 2017

ICO The complainant has requested the number of times the c-word has been broadcast by various BBC channels in 2016. The BBC explained that 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 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 FS50654840

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579736

Home Office (Central Government) FS50646085: ICO 21 Dec 2016

ICO The complainant has requested information relating to funding for youth programmes. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so the Home Office breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires the Home Office to issue a response to the request under the FOIA by either complying with section 1(1) or issuing a valid refusal notice.
FOI 10: Upheld

Citations:

[2016] UKICO FS50646085

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579723

Home Office (Central Government) FS50652814: ICO 21 Dec 2016

ICO The complainant has requested information relating to the Home Office paying compensation for unlawfully detaining individuals under immigration powers. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so the Home Office breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires the Home Office to issue a response to the request under the FOIA by either complying with section 1(1) or issuing a valid refusal notice.
FOI 10: Upheld

Citations:

[2016] UKICO FS50652814

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579726

Home Office (Central Government) FS50650549: ICO 21 Dec 2016

ICO The complainant has requested information relating to the amount of people successfully intercepted at juxtaposed ports in France and Belgium between January and June 2016. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so the Home Office breached sections 1(1) and 10(1) of the Freedom of Information Act 2000. The Commissioner requires the Home Office to respond to the request.
FOI 10: Upheld

Citations:

[2016] UKICO FS50650549

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579725

Home Office (Central Government) FS50649497: ICO 21 Dec 2016

ICO The complainant has requested information relating to pregnant women held in immigration detention. The Commissioner’s decision is that the Home Office has breached section 10(1) of the Freedom of Information Act 2000 because it did not provide a response to the request within 20 working days. The Home Office has now responded and the Commissioner does not require it to take any further steps.
FOI 10: Upheld

Citations:

[2016] UKICO FS50649497

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579724

BBC (Decision Notice): ICO 29 Oct 2009

The complainant requested details of voting figures from the BBC programme ‘Strictly Come Dancing’. The BBC stated that the request fell outside the scope of the Act because it relates to information held for the purposes of journalism, art or literature. The Commissioner’s decision is that the BBC correctly determined that the information is held to a significant extent for these purposes and therefore the BBC is not obliged to comply with Parts I to V of the Act.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

Citations:

[2009] UKICO FS50231775

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.532211

Horsham District Council (Local Government (District Council)): ICO 14 Dec 2017

The complainant has requested a copy of a review of a viability assessment relating to a planning application. Horsham District Council disclosed some of the information and withheld other information under the exception for commercial confidentiality (regulation 12(5)(e)). The Commissioner’s decision is that Horsham District Council has failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the withheld information to the complainant.
EIR 12(5)(e): Upheld

Citations:

[2017] UKICO FER0690402

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.602505

Horsham District Council (Local Government (District Council)): ICO 20 Jun 2017

The complainant has requested correspondence in which a specific councillor seeks information or advice regarding an ex-council building known as Park North. The Commissioner’s decision is that Horsham District Council has correctly refused the request as vexatious under section 14(1) of the FOIA. She does not require any steps to be taken to ensure compliance with the legislation.
FOI 14: Not upheld

Citations:

[2017] UKICO FS50661686

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.593776

Horsham District Council (Local Government (District Council)): ICO 24 May 2017

The complainant has requested information in relation to an area of land which included information relating to a named office holder. Horsham District Council refused the request under section 14(1) of the FOIA as it considered it to be vexatious. The Commissioner’s decision is that the council are able to rely on section 14(1) of the FOIA to refuse the request. The Commissioner does not require the council to take any steps.
FOI 14: Not upheld

Citations:

[2017] UKICO FS50655541

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.593684

Horsham District Council (Local Government (District Council)): ICO 23 Oct 2017

The complainant has requested information relating to an acoustic sound test. Horsham District Council confirmed that information was withheld under regulation 12(5)(b) of the Environmental Information Regulations. The complainant disputed the application of this exception. The Commissioner’s decision is that regulation 12(5)(b) is not engaged. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Disclose the withheld information, ensuring that any personal data is redacted in accordance with the Council’s obligations under the Data Protection Act 1998.
EIR 12(5)(b): Upheld

Citations:

[2017] UKICO FER0663547

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.602302

Horsham District Council (Local Government (District Council)): ICO 27 Jun 2017

The complainant has requested information from Horsham District Council about the purchase and use of a building. The Council disclosed some held information, and withheld some under the exemption provided by section 42(1) of the Freedom of Information Act. The complainant subsequently disputed the Council’s application of section 42(1). The Commissioner’s decision is that the Council has correctly applied section 42(1). However the Council has breached section 10(1) by failing to comply with section 1(1) within the time for compliance, and section 17(1) by failing to provide a refusal notice within the time for compliance. The Commissioner does not require the public authority to take any steps.
FOI 10: Upheld FOI 17: Upheld FOI 42: Not upheld

Citations:

[2017] UKICO FS50650174

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.593775

Horsham District Council (Local Government (District Council)): ICO 3 Aug 2017

The complainant has requested information relating to waste collection. Horsham District Council disclosed some information and withheld other information under the FOIA exemption for prejudice to commercial interests (section 43(2)). During the Commissioner’s investigation the public authority reconsidered the request under the EIR and withheld the same information under the exception for commercial confidentiality – regulation 12(5)(e). The Commissioner’s decision is that Horsham District Council has breached regulation 5(1) and regulation 14(1) and failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires the public authority to disclose the withheld modelling information to the complainant.
EIR 5(1): Upheld EIR 14(1): Upheld EIR 12(5)(e): Upheld

Citations:

[2017] UKICO FS50667560

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.593960

Horsham District Council (Local Government (District Council)): ICO 24 Jan 2017

The complainant has requested information from Horsham District Council about the proposed restoration of a quarry site. The Council disclosed some information and withheld the remainder under the exception provided by section 12(4)(e) of the Environmental Information Regulations. The complainant subsequently contested the Council’s application of this exception. The Commissioner’s decision is that part of the withheld information does not constitute internal communications for the purposes of regulation 12(4)(e). The remaining withheld information does constitute internal communications, but the public interest test favours disclosure. The Commissioner requires the public authority to take the following steps: Disclose the withheld information, ensuring that any personal data is redacted in accordance with the Council’s obligations under the Data Protection Act 1998.
EIR 12(4)(e): Upheld

Citations:

[2017] UKICO FER0623080

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 09 February 2022; Ref: scu.579775

Colchester Borough Council (Local Government): ICO 15 Mar 2018

The complainant has requested information about the housing of offenders released from custody. Colchester Borough Council stated that some of the information requested was not held. With regard to the remainder of the request it stated that it was unable to establish whether it held this information within the cost limit and therefore refused the request under section 12(2) of the FOIA (cost of compliance exceeds appropriate limit). The Commissioner’s decision is that on the balance of probabilities Colchester Borough Council do not hold the stated information and that it is entitled to rely of section 12(2) in relation to the remainder of the request. However it breached section 10 in failing to respond to all elements of the request within 20 working days. The Commissioner does not require Colchester Borough Council to take any steps.
FOI 10: Complaint upheld FOI 1: Complaint not upheld FOI 12: Complaint not upheld

Citations:

[2018] UKICO fs50694514

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 06 February 2022; Ref: scu.617565