The complainant requested information relating to people who were refused UK citizenship in 2013, 2014 and 2015. The Home Office failed to respond to the request and, in doing so, breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the Home Office to respond to the request.
FOI 1: Upheld FOI 10: Upheld

[2016] UKICO FS50631937
Bailii
England and Wales

Information

Updated: 23 January 2022; Ref: scu.569113

ICO The complainant has requested information relating to people transferred to the UK under the Dublin III regulations. The Commissioner’s decision is that the Home Office did not deal with the request for information in accordance with section 10 of the Freedom of Information Act 2000 (FOIA) in that it failed to provide a response to the request within that statutory time frame of 20 working days from receipt. The Commissioner requires the Home Office to respond to the request under the FOIA.
FOI 10: Upheld

[2016] UKICO FS50631599
Bailii
England and Wales

Information

Updated: 23 January 2022; Ref: scu.569112

ICO The complainant requested a copy of a memorandum of understanding between the Home Office and its Saudi Arabian counterpart. The Home Office refused to disclose this information and cited the exemption provided by section 27(1)(a) (prejudice to international relations) of the FOIA. The Commissioner’s decision is that the Home Office cited section 27(1)(a) correctly so it was not obliged to disclose this information. However, she also finds that the Home Office breached section 17(1) of the FOIA by failing to respond to the request within 20 working days of receipt.
FOI 17: Upheld FOI 27: Not upheld

[2016] UKICO FS50634391
Bailii
England and Wales

Information

Updated: 23 January 2022; Ref: scu.569114

[2016] UKICO FS50625470
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.569108

ICO The complainant has requested information about meetings between the General Medical Council (GMC) and the government regarding the Shape of Training (SHoT) report. The information was withheld under section 36(2)(b)(ii) – inhibition to the free and frank exchange of views section 36(2)(c) – prejudice to the conduct of public affairs, section 41 – information provided in confidence and section 28 – prejudice to relations between administrations within the United Kingdom. The Commissioner’s decision is that GMC was entitled to withhold the majority of the information under section 36(2)(b)(ii) but there is a limited amount of information which is not exemption under either of the section 36 exemptions or those provided by sections 41 and 28. This information has been identified to the GMC in a confidential annex. The Commissioner also finds that the GMC failed to issue the complainant with a refusal notice within twenty working days of receiving the request. This is a breach of section 17(1). The Commissioner requires the public authority to disclose the information identified in the confidential annex.
FOI 28: Partly upheld FOI 36(2)(b)(ii): Partly upheld FOI 36(2)(c): Upheld FOI 41: Partly upheld

[2016] UKICO FS50605711
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.569106

ICO The complainant has requested information about meetings between the General Medical Council (GMC) and a number of named individuals including government ministers regarding the Shape of Training (SHoT) report. The information was withheld under section 36(2)(b)(ii) – inhibition to the free and frank exchange of views section 36(2)(c) – prejudice to the conduct of public affairs, section 41 – information provided in confidence and section 28 – prejudice to relations between administrations within the United Kingdom. The Commissioner’s decision is that the GMC was entitled to withhold the majority of the information under section 36(2)(b)(ii) but there is a limited amount of information which is not exempt under either of the section 36 exemptions or those provided by sections 41 and 28. This information has been identified to the GMC in a confidential annex. The Commissioner also finds that the GMC failed to issue the complainant with a refusal notice within twenty working days of receiving the request. This is a breach of section 17(1). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation – disclose the information identified in the confidential annex.
FOI 28: Partly upheld FOI 36(2)(b)(ii): Partly upheld FOI 36(2)(c): Upheld FOI 41: Partly upheld

[2016] UKICO FS50605197
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.569105

ICO The complainant submitted a request to the Attorney General’s Office (AGO) for a copy of the legal advice referred to in the Prime Minister’s announcement that a Royal Air Force remotely piloted aircraft had killed three people near Raqqa in Syria. The AGO’s sought to withhold the requested information on the basis of the exemptions contained at the following sections of FOIA: 23(1) (security bodies), 26(1) (defence), 27(1) (international relations), 35(1)(c) (Law Officers’ advice), 40(2) (personal data) and 42(1) (legal professional privilege). The Commissioner has concluded the withheld information is exempt from disclosure on the basis of section 23(1) of FOIA.
FOI 23: Not upheld

[2016] UKICO FS50607231
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.569086

ICO The complainant submitted a request to the public authority for information relating to the RAF drone strike in Syria which targeted and killed two British citizens fighting with the so called Islamic State. The public authority declined the request in reliance on the exemptions at sections 23(1) (Information supplied by, or relating to bodies dealing with security matters), 26(1) (Defence), 27(1) (International Relations), 35(1)(c) (Information relating to the provision of advice by any of the Law Officers or any request for the provision of such advice), 40(2) (Protection of personal data) and 42(1) (Legal Professional Privilege) FOIA. The Commissioner has concluded that the public authority was entitled to withhold the information held within the scope of the request on the basis of the exemptions at sections 23(1) and 35(1)(c).
FOI 23: Not upheld FOI 35: Not upheld

[2016] UKICO FS50613152
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.569087

ICO The complainant has requested information relating to the BBC’s submission (October 2015) to the Department for Culture Media and Sport’s Green Paper ‘BBC Charter Review Public Consultation 16 July – 8 October 2015’. 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. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

[2016] UKICO FS50622609
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.569089

ICO The complainant has requested information relating to the RAF drone strike in Syria which killed two Britons fighting with so-called Islamic State. The Cabinet Office refused to provide this citing a number of exemptions as its basis for doing so: section 23 (security bodies); section 26 (defence); section 27 (international relations); section 35 (Law Officer advice); section 40 (unfair disclosure of personal data); section 42 (legal advice). It upheld this position at internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 23(1) and section 35(1)(c) as its basis for refusing to provide the requested information. No steps are required.
FOI 23: Not upheld FOI 35: Not uphe

[2016] UKICO FS50619165
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.569092

ICO The complainant requested information relating to the costs of various court cases. The Crown Prosecution Service explained that it did not hold some of the requested information and in relation to four court cases, was neither confirming nor denying whether it held the requested information by virtue of section 40(5) Personal information) of the FOIA. The Commissioner’s decision is that the Crown Prosecution Service has applied section 40(5) of the FOIA appropriately. He also considers that, on the balance of probabilities, the Crown Prosecution Service does not hold any further information and therefore has not breached section 1 of the FOIA. The Commissioner does not require the Crown Prosecution Service to take any further steps as a result of this decision.
FOI 1: Not upheld FOI 40(5): Not upheld

[2016] UKICO FS50595559
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.569098

ICO The complainant has requested information about counter terrorist training and a meeting from the Metropolitan Police Service (the ‘MPS’). The MPS provided some information but, in respect of one part of the request, advised that no information is held. The Commissioner’s decision is that, on the balance of probabilities, no information is held. No steps are required.
FOI 1: Not upheld

[2016] UKICO FS50634224
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.569096

ICO The complainant has requested information on the detection capabilities of the BBC in relation to the TV licensing regime and online services. The BBC refused the request on the basis of section 31(1)(a), (b), (d), (g) and 2(a). The Commissioner’s decision is that the BBC has correctly applied the provisions of section 31 and the public interest favours maintaining the exemption. She requires no steps to be taken.
FOI 31: Not upheld

[2016] UKICO FS50619819
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.569088

The complainant requested a copy of the minutes from the BBC’s Board of Governors meeting held on 28 and 29 January 2004. The BBC refused to disclose this information requested, citing the exemption provided by section 36 (2) (b) (ii) (prejudice to effective conduct of public affairs). The Commissioner confirmed that the requirement under this section of the Act that the decision be made by the appropriate qualified person exercising a reasonable opinion was properly carried out. The Commissioner also agreed that section 36 (2) (b) (ii) had been correctly applied to the information sought. While acknowledging the public interest argument in favour of disclosure the Commissioner decided that, given the particular circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosure.
Section of Act/EIR and Finding: FOI 36 – Complaint Not upheld

[2006] UKICO FS50066295
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.533347

The complainant requested a copy of the agenda and minutes of the special meeting of the BBC Board of Governors on 28 January 2004. The BBC refused to disclose the information requested, citing the exemption provided by section 36 (2) (b) (ii) (prejudice to effective conduct if public affairs). The Commissioner confirmed that the requirement under this section of the Act that the decision be made by the appropriate qualified person exercising a reasonable opinion had been properly carried out. The Commissioner also agreed that section 36 (2) (b) (ii) had been correctly applied to the information sought. While acknowledging the public interest argument in favour of disclosure the Commissioner decided that, given the particular circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosure. The Information Tribunal has ruled on this decision and has upheld the appeal.
Section of Act/EIR and Finding: FOI 36 – Complaint Not upheld

[2006] UKICO FS50070769
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.533348

Consent Order : The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009

[2016] UKFTT 2013 – 0054 (GRC)
Bailii
England and Wales

Information

Updated: 22 January 2022; Ref: scu.568721

[2016] UKFTT 2016 – 0007 (GRC)
Bailii

Information

Updated: 22 January 2022; Ref: scu.568720

[2016] UKFTT 2016 – 0020 (GRC)
Bailii
Freedom of Information Act 2000

Information

Updated: 22 January 2022; Ref: scu.568582

Depending upon the extent to which data had been successfully anonymised, anonymised clinical trial patient-level data was not exempt from disclosure under the 2000 Act.

[2016] UKFTT 2015 – 0269 (GRC)
Bailii
Freedom of Information Act 2000 22A 40 41 43
England and Wales

Information

Updated: 22 January 2022; Ref: scu.568586

[2016] UKFTT 2016 – 0058 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 22 January 2022; Ref: scu.568587

[2016] UKFTT 2015 – 0253 (GRC)
Bailii
Freedom of Information Act 2000

Information

Updated: 22 January 2022; Ref: scu.568578

[2016] UKFTT 2016 – 0021 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 22 January 2022; Ref: scu.568579

[2016] UKFTT 2015 – 0288 (GRC)
Bailii
Freedom of Information Act 2000

Information

Updated: 22 January 2022; Ref: scu.568575

[2016] UKFTT 2016 – 0063 (GRC)
Bailii
Freedom of Information Act 2000

Information

Updated: 22 January 2022; Ref: scu.568576

(Allowed : Freedom of Information Act 2000)

[2016] UKFTT 2016 – 0047 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 22 January 2022; Ref: scu.568584

[2016] UKFTT 2015 – 0300 (GRC)
Bailii
Freedom of Information Act 2000

Information

Updated: 22 January 2022; Ref: scu.568580

[2016] UKFTT 2016 – 0053 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 22 January 2022; Ref: scu.568574

[2016] UKFTT 2015 – 0247 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 22 January 2022; Ref: scu.568583

(Dismissed : Freedom of Information Act 2000)

[2016] UKFTT 2015 – 0244 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 22 January 2022; Ref: scu.568573

ICO The complainant requested information about convictions and offences from the Ministry of Justice (the ‘MOJ’). 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. The Commissioner requires the MOJ to issue a response to the request set out in paragraph 5 under the FOIA by either complying with section 1(1) or issuing a valid refusal notice.
FOI 1: Upheld FOI 10: Upheld

[2016] UKICO FS50637389
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568535

ICO The complainant gave the name and address of an individual and requested information relating to whether that individual was a Magistrate. The Ministry of Justice (MoJ) refused to confirm or deny whether it held any information falling within the scope of this request and cited the exemption provided by section 40(5) (personal information) of the FOIA. The Commissioner’s decision is that the MoJ cited section 40(5) correctly so it was not obliged to confirm or deny whether it held this information.
FOI 40: Not upheld

[2016] UKICO FS50626968
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568532

ICO The complainant has requested information relating to notes made at a patient engagement meeting about Sudbury surgery. The Commissioner’s decision is that the NHS Commissioning Board (NHS England) has correctly applied sections 1 and 22(1) of the FOIA in its response to the request. The Commissioner does not require NHS England to take any steps as a result of this decision notice.
FOI 1: Not upheld FOI 22: Not upheld

[2016] UKICO FS50619667
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568538

ICO The complainant requested information from the Ministry of Justice (MoJ), namely samples of a named judge’s handwriting. The MoJ confirmed it holds information within the scope of the request but refused to provide it relying on section 32(1)(c)(i) (court records) and section 40(2) (personal information) of the FOIA. The Commissioner has investigated the MoJ’s application of section 32(1)(c)(i). The Commissioner has concluded that the MoJ is entitled to rely on section 32(1)(c)(i) to withhold the information. She requires no steps to be taken.
FOI 32: Not upheld

[2016] UKICO FS50627899
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568533

ICO The complainant requested information relating to a clinical override guidance document. The Ministry of Justice (MoJ) provided some information within the scope of the request but refused to provide the remainder citing section 38(1)(b) (health and safety) of the FOIA. The Commissioner’s decision is that section 38(1)(b) is not engaged. The Commissioner requires the MoJ to disclose the withheld information to the complainant.
FOI 38: Upheld

[2016] UKICO FS50625067
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568531

ICO The complainant has requested the attachments beginning with ‘7DS’ to emails provided in response to a separate FOIA request. NHS England has failed to respond to this request for information. The Commissioner considers that NHS England breached section 10(1) FOIA in the handling of this request. The Commissioner requires the public authority to provide the complainant with a response to this request in accordance with its obligations under FOIA.
FOI 10: Upheld

[2016] UKICO FS50633751
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568539

ICO The complainant gave the name and address of an individual and requested information relating to whether that individual was a Magistrate. The Ministry of Justice (MoJ) refused to confirm or deny whether it held any information falling within the scope of this request and cited the exemption provided by section 40(5) (personal information) of the FOIA. The Commissioner’s decision is that the MoJ cited section 40(5) correctly so it was not obliged to confirm or deny whether it held this information.
FOI 40: Not upheld

[2016] UKICO FS50631241
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568534

ICO The complainant has requested a breakdown of the current market rents (CMRs), in particular the andpound;/m2 or andpound;/sq.ft, for practices in Herts Valleys as well as the premises grade for each practice. NHS England provided the complainant with information relating to premise grading but refused to provide information regarding the cost of individual premises under section 43(2) FOIA. The Commissioner’s decision is that NHS England correctly applied section 43(2) FOIA to the withheld information. The Commissioner requires no steps to be taken.
FOI 43: Not upheld

[2016] UKICO FS50611914
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568537

The complainant requested copies of two review reports concerning English language test suppliers and a review of the Life in the UK Test. The Home Office refused to disclose this information and cited the exemption provided by section 36(2)(c) (prejudice to the effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that the Home Office cited section 36(2)(c) correctly so it was not obliged to disclose this information.
FOI 36: Not upheld

[2016] UKICO FS50625733
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568526

ICO The complainant requested a copy of a file listed by the National Archives, but retained by the Home Office, concerning a request from the Garda Siochana to the Metropolitan Police for the services of an executioner. The Home Office disclosed some of this information, but withheld the remainder under the exemption provided by section 27(1)(a) (prejudice to international relations) of the FOIA. The Commissioner’s decision is that the Home Office cited section 27(1)(a) correctly so it was not obliged to disclose the withheld content. The Commissioner also found, however, that the Home Office breached section 17(1) of the FOIA by failing to respond to the request within 20 working days of receipt.
FOI 17: Upheld FOI 27: Not upheld

[2016] UKICO FS50624785
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568525

ICO The complainant requested information relating to the food items a particular prisoner was allowed to receive while in Wakefield prison. The Ministry of Justice (MoJ) refused to confirm or deny whether it held the requested information citing section 40(5) of the FOIA (personal information). The Commissioner’s decision is that the MoJ was entitled to rely on section 40(5)(b)(i). She requires no steps to be taken as a result of this decision notice.
FOI 40: Not upheld

[2016] UKICO FS50624855
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568530

ICO The complainant requested information relating to guidance issued by the Ministry of Justice (MoJ) to public authorities and information relating to MoJ’s Head of Disclosure Team. The MoJ refused to comply with the request under section 14(1) of the FOIA. The Commissioner’s decision is that MoJ has correctly applied section 14(1) to the request. She does not require any steps to be taken.
FOI 14: Not upheld

[2016] UKICO FS50603302
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568529

ICO The complainant submitted a request to the public authority for documents and correspondence relating to any possible award of an honour to the late US artist Michael Jackson by Her Majesty The Queen. The public authority withheld the information held within the scope of the request on the basis of the exemption at section 37(1)(b) FOIA (the conferring by the Crown of any honour or dignity). The Commissioner’s decision is that the public authority was entitled to rely on the exemption at section 37(1)(b). No steps are required.
FOI 37: Not upheld

[2016] UKICO FS50629186
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568497

ICO The complainant asked the public authority to reveal whether a named company had ever submitted an application to the authority for permission to use the title ‘Royal’, a protected Royal title granted by the Sovereign acting on the advice of Her Ministers. The public authority decided that it was excluded from its duty to confirm or deny whether it held any information within the scope of the request by virtue of the exclusion contained at section 37(2) FOIA. The Commissioner has concluded that the public authority was entitled to rely on the exclusion contained at section 37(2) FOIA. No steps are required.
FOI 37: Not upheld

[2016] UKICO FS50621483
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568495

ICO The complainant submitted a request to the public authority for a copy of the citation used to support the award of an honour to Lin Homer by Her Majesty The Queen. The public authority withheld this information on the basis of the exemption at section 37(1)(b) FOIA (the conferring by the Crown of any honour or dignity). The Commissioner’s decision is that the public authority was entitled to rely on the exemption at section 37(1)(b). No steps are required.
FOI 37: Not upheld

[2016] UKICO FS50626167
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568496

[2016] UKICO FS50618439
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568490

ICO The complainant has requested information from the London Borough of Southwark (‘the Council’) for a copy of leaseholder application forms for loan/charging orders in respect of debts for major works/service charge used between 2010 – 2015. The Commissioner’s decision is that the Council does not hold a copy of leaseholder application forms for the charging orders in respect of debts for major works/service charge used between 2010 – 2015. The Commissioner requires the Council to take no steps.
FOI 1: Not upheld

[2016] UKICO FS50636041
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568480

[2016] UKICO FS50616762
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568468

ICO The complainant requested information relating to the outsourcing of pensions administration by Staffordshire Police. In relation to some parts of the request Staffordshire Police disclosed information and provided explanations, but the complainant disputed whether Staffordshire Police had disclosed all information it held falling within the scope of those requests. Staffordshire Police refused one part of the request as vexatious under section 14(1) of the FOIA. In relation to those parts of the request where the complainant disputes whether Staffordshire Police identified all relevant information it holds, the Commissioner finds that it did identify all the relevant information and so complied with section 1(1)(a). In relation to the request where section 14(1) was cited, the Commissioner finds that this request was vexatious and so Staffordshire Police was not obliged to comply with it. Staffordshire Police is not required to take any steps.
FOI 1: Not upheld FOI 14: Not upheld

[2016] UKICO FS50620721
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568481

ICO The complainant has requested information relating to an incident where it was alleged that Jeremy Clarkson assaulted a man. North Yorkshire Police neither confirmed nor denied holding the requested information by virtue of sections 30(3) (investigations) and 40(5) (personal information) of the FOIA. It also applied section 30(1)(a)( investigations and proceedings) of the FOIA. The Commissioner’s decision is that North Yorkshire Police has applied section 40(5) of the FOIA appropriately to the request. The Commissioner does not require North Yorkshire Police to take any steps as a result of this decision.
FOI 40: Not upheld

[2016] UKICO FS50606617
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568469

ICO The complainant has requested information from the London Borough of Southwark (the Council) for all the final orders of the Court in the 198 applications made by the Council in respect of the section146 notices on leaseholders in the period 1 April 2015 to 18 February 2016, and for the statement of case for each of the 198 leaseholder cases progressed to Court for the period 1 April 2015 to 18 February 2016. The Commissioner considers that the requests were vexatious and that section 14(1) was correctly engaged. The Commissioner requires the Council to take no steps.
FOI 14: Not upheld

[2016] UKICO FS50622296
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568479

ICO The complainant requested information from the Home Office relating to customer satisfaction reports. To date he has not received a substantive response. The Commissioner’s decision is that the Home Office has failed to provide a response to the request within the statutory time frame of 20 working days. He requires it to comply with the request or issue a valid refusal notice as set out in section 17 of the FOIA.
FOI 10: Upheld

[2016] UKICO FS50629043
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568449

ICO The complainant requested a list of all transaction reports available to Her Majesty’s Courts and Tribunals Service (‘HMCTS’) Finance from the Ministry of Justice (the ‘MOJ’). The request was refused on cost grounds in accordance with section 12 of FOIA. The Commissioner’s decision is that the MOJ was correct to rely on section 12 of FOIA. She does not require the MOJ to take any remedial steps to ensure compliance with the legislation.
FOI 12: Not upheld FOI 16: Not upheld

[2016] UKICO FS50613290
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568458

ICO The complainant requested information relating to whether the UK citizenship of the first lady of Syria had been revoked. The Home Office refused to confirm or deny whether it held this information and cited the exemption provided by section 40(5) (personal information) of the FOIA. The Commissioner’s decision is that the Home Office cited section 40(5) correctly so it was not obliged to confirm or deny whether it held the requested information.
FOI 40: Not upheld

[2016] UKICO FS50620742
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568446

ICO The complainant requested information relating to County Court hearings involving a named claimant. The Ministry of Justice (MoJ) refused to provide the requested information citing section 32 (court records) of the FOIA. The Commissioner’s decision is that the MoJ was entitled to rely on sections 32(1)(a) and (c) to withhold the requested information. She does not require the MoJ to take any steps as a result of this decision.
FOI 32: Not upheld

[2016] UKICO FS50622426
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568460

ICO The complainant requested information relating to Immigration Removal Centres. The Home Office failed to respond to this request in accordance with the FOIA and in so doing breached sections 1(1) and 10(1) of the FOIA. It is now required to issue a fresh response to the request that complies with the FOIA. The Commissioner requires the Home Office issue a fresh response to the complainant that is compliant with the FOIA.
FOI 1: Upheld FOI 10: Upheld

[2016] UKICO FS50622627
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568447

ICO The complainant requested information relating to complaints made against a named District Judge. The Ministry of Justice (MoJ) refused to confirm or deny whether the information was held, citing sections 32(3) (court records), 40(5) (personal information) and 44(2) (prohibitions on disclosure) of FOIA. The Commissioner has investigated the MoJ’s application of section 44(2). His decision is that the MoJ has correctly applied that exemption on the basis that confirmation or denial was prohibited by section 139 of the Constitutional Reform Act 2005 (CRA). He requires no steps to be taken.
FOI 44: Not uphel

[2016] UKICO FS50630019
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568464

ICO The complainant requested the names of individuals appointed by the Secretary of State to each Independent Monitoring Board for each prison and Young Offenders Institution. The Ministry of Justice (the ‘MOJ’) refused to provide the requested information, citing section 40(2), the exemption for personal information, of FOIA. The Commissioner’s decision is that the MOJ has correctly relied on section 40(2) in relation to this request. He does not require the MOJ to take any steps.
FOI 40: Not upheld

[2016] UKICO FS50625834
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568462

ICO The complainant requested information relating to County Court hearings involving a named claimant. The Ministry of Justice (MoJ) refused to provide the requested information citing section 32 (court records) of the FOIA. The Commissioner’s decision is that the MoJ was entitled to rely on sections 32(1)(a) and (c) to withhold the requested information. She does not require the MoJ to take any steps as a result of this decision.
FOI 32: Not upheld

[2016] UKICO FS50623556
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568461

ICO The complainant requested information relating to a Memorandum of Understanding (MoU) between the United Kingdom and the Kingdom of Saudi Arabia. The Ministry of Justice (MoJ) confirmed it held the requested information but refused to provide it citing sections 27(1) and 27(2) of the FOIA (international relations). The Commissioner’s decision is that the information is exempt from disclosure on the basis of section 27(1)(a) of the FOIA and that in all the circumstances of the case the public interest favours maintaining the exemption. The Commissioner did not proceed to consider the MoJ’s application of section 27(2) to the same information. The Commissioner does not require the MoJ to take any steps as a result of this decision.
FOI 27: Not upheld

[2016] UKICO FS50628791
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568463

ICO The complainant requested previously unpublished content from the report ‘The Yorkshire Ripper Case: Review of the Police Investigation of the Case’. The Home Office refused to disclose this information and cited the exemptions provided by the following sections of the FOIA: 31(1)(a) (prejudice to the prevention or detection of crime), 31(1)(b) (prejudice to the apprehension or prosecution of offenders), 31(1)(c) (prejudice to the administration of justice), 38(1) (endangerment to health and safety) and 40(2) (personal information). The Commissioner’s decision is that sections 31(1)(a), (b) and (c) were cited correctly in relation to some of the content, but that other parts of the content should be disclosed. The Commissioner also finds that sections 38(1) and 40(2) were cited correctly in relation to some limited parts of the content. The Home Office is now required to disclose the withheld information, minus the content which he has found exempt.
FOI 31: Upheld FOI 38: Not upheld FOI 40: Not upheld

[2016] UKICO FS50623441
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568448

The complainant requested information relating to complaints made against a named Circuit Judge. The Ministry of Justice (MoJ) refused to confirm or deny whether the information was held, citing sections 32(3) (court records), 40(5) (personal information) and 44(2) (prohibitions on disclosure) of FOIA. The Commissioner has investigated the MoJ’s application of section 44(2). His decision is that the MoJ has correctly applied that exemption on the basis that confirmation or denial was prohibited by section 139 of the Constitutional Reform Act 2005 (CRA). He requires no steps to be taken.
FOI 44: Not upheld

[2016] UKICO FS50632953
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568465

ICO The complainant requested information relating to complaints made against a named Deputy District Judge. The Ministry of Justice (MoJ) refused to confirm or deny whether the information was held, citing sections 32(3) (court records), 40(5) (personal information) and 44(2) (prohibitions on disclosure) of FOIA. The Commissioner has investigated the MoJ’s application of section 44(2). His decision is that the MoJ has correctly applied that exemption on the basis that confirmation or denial was prohibited by section 139 of the Constitutional Reform Act 2005 (CRA). He requires no steps to be taken.
FOI 44: Not upheld

[2016] UKICO FS50633287
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568466

ICO The complainant requested information about the number of complaints made in relation to courts losing correspondence. Following clarification of the request, the Ministry of Justice (the ‘MOJ’) advised that the requested information is not held. During the Commissioner’s investigation, the MOJ revised its position to also rely on section 12, the cost exclusion of FOIA. The Commissioner’s decision is that, on the civil balance of probabilities, no electronic information is held. He also finds that the MOJ was correct to rely on section 12 in respect of any manually held information. However, as the MOJ failed to respond to the clarified request within 20 working days, it breached section 10(1) of FOIA. The Commissioner does not require the MOJ to take any remedial steps to ensure compliance with the legislation.
FOI 1: Partly upheld FOI 10: Upheld FOI 12: Not upheld

[2016] UKICO FS50616222
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568459

ICO The complainant requested information relating to an error made in the calculations for a new model for police funding. The Home Office refused to disclose this information and cited the exemption provided by section 35(1)(a) (formulation or development of government policy) of the FOIA. The Commissioner’s decision is that the Home Office cited section 35(1)(a) correctly so it was not obliged to disclose the requested information.
FOI 35: Not upheld

[2016] UKICO FS50618384
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568445

[2016] UKICO FS50624975
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568420

[2016] UKICO FS50603125
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568408

[2016] UKICO FS50611001
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568419

ICO The complainant has requested information relating to any meetings between the former Parliamentary Under Secretary of State for Health and Jeremy Hunt or senior civil servants about the report on doctors pay. The Department of Health identified a number of diary entries, narrative information and three notes of meetings which were relevant to the request but considered this information exempt on the basis of section 35(1)(a), 35(1)(d) and 40(2) where the information was the names of junior staff. The Commissioner’s decision is that the DoH has correctly applied section 35(1)(a) to withhold the three notes of meetings but that the public interest in the narrative of the meetings and the diary entries of the meetings favours disclosure. He also finds that the public interest in section 35(1)(d) favours disclosure in relation to this information. The Commissioner finds that section 40(2) does provide a basis for withholding some of the names from the narrative information and the diary entries.
FOI 35: Partly upheld FOI 40: Not upheld

[2016] UKICO FS50603751
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568417

[2016] UKICO FS50602171
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568413

The complainant submitted a request to the Cabinet Office for the submissions received by the Holocaust Commission as a result of its national call for evidence. The Cabinet Office withheld the submissions on the basis of the exemptions contained at the following sections of FOIA: section 36 (effective conduct of public affairs), 38 (health and safety), 40 (personal data) and 41 (information provided in confidence). The Commissioner has concluded that the submissions are exempt from disclosure on the basis of the sections 36(2)(b)(i) and (ii) and that in all of the circumstances of the case the public interest favours maintaining the exemptions.
FOI 36: Not upheld

[2016] UKICO FS50585445
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568397

ICO The complainant has requested information relating to the Airports Commission. The Cabinet Office refused to provide this citing section 35(1)(a) and section 40(2) as its basis for doing so. These exemptions relate to the formulation and development of government policy and the unfair disclosure of personal data. It upheld this position at internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on these exemptions as its basis for refusing to provide the requested information. No steps are required.
FOI 35: Not upheld FOI 40: Not upheld

[2016] UKICO FS50608015
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568400

ICO The complainant submitted a request to the Ministry of Justice (MoJ) seeking information about the consultation announced in 2011 to extend the Freedom of Information Act to awarding bodies. The MoJ withheld the requested information on the basis of sections 35(1)(a), 35(1)(b) and 40(2) of FOIA. Although the complainant submitted his request to the Ministry of Justice, following the move of policy responsibility for FOI to the Cabinet Office after the request, the Commissioner is satisfied that the Cabinet Office is the appropriate public authority upon which to serve this decision notice. The Commissioner has concluded that all of the withheld information falls within the scope of section 35(1)(a) and that for the majority of the information the public interest favours maintaining this exemption. However, for the remainder of the information the Commissioner has concluded that the public interest favours disclosing the information.
FOI 35: Partly upheld

[2016] UKICO FS50606009
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568399

ICO The complainant has requested any legal advice the Cabinet Office has received on the potential impact of TTIP (Transatlantic Trade and Investment Partnership). The Commissioner’s decision is that Cabinet Office has correctly relied on section 42(1) to withhold the requested information from the complainant. The Commissioner requires the public authority to take no steps to ensure compliance with the legislation.
FOI 42: Not upheld

[2016] UKICO FS50596845
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568398

ICO The complainant requested information about a reinvestigation into a complaint ordered by the Independent Police Complaints Commissioner (‘IPCC’), and the name and contact details of the person dealing with his information request. South Wales Police provided some information and confirmed that it did not hold any additional information. The Commissioner’s decision is that South Wales Police does not hold the information requested. However in relation to one of the requests, in failing to deny that it held any recorded information within 20 working days South Wales Police breached section 1 and 10 of the FOIA. The Commissioner does not require any steps to be taken.
FOI 1: Partly upheld FOI 10: Upheld

[2016] UKICO FS50595145
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568371

[2016] UKICO FS50608640
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568361

ICO The complainant made a request to NHS England for information about disruption to the NHS 111 telephone service. NHS England failed to respond to the request. The Commissioner’s decision is that NHS England has breached section 10(1) of FOIA by failing to respond to the request. The Commissioner requires NHS England to disclose the requested information to the complainant or else issue a refusal notice in accordance with section 17 of FOIA.
FOI 10: Upheld FOI 17: Upheld

[2016] UKICO FS50628990
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568355

ICO The complainant made a request to NHS England for information regarding a review into the deaths of people with mental health and learning difficulties at the Southern Health Trust as well as information on another review into the commissioning of services for people with learning difficulties and autism. NHS England failed to respond to the request. The Commissioner’s decision is that NHS England breached section 10(1) of FOIA by failing to respond to the complainant’s request. The Commissioner requires the public authority to disclose the requested information to the complainant or else issue a refusal notice in accordance with section 17 of FOIA.
FOI 10: Upheld

[2016] UKICO FS50629416
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568356

ICO The complainant requested information about guidelines in relation to a number of mobile speed camera sites and the name and contact details of the person who authorised the use of two specific sites. South Wales Police stated it did not hold some of the information requested, one request did not constitute a valid request and applied section 14(1) to two requests which it considered vexatious. During the course of the Commissioner’s investigation, South Wales Police withdrew reliance on section 14(1) in relation to one request and applied section 40(2) in the alternative. The Commissioner’s decision is that South Wales Police does not hold some of the information requested and that one of the requests was not valid as per section 8 of the FOIA. The Commissioner has also determined that South Wales Police has correctly applied section 40(2) to one request and section 14(1) to another request.
FOI 1: Not upheld FOI 8: Not upheld FOI 14: Not upheld FOI 40: Not upheld

[2016] UKICO FS50596075
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568372

ICO The complainant submitted a multi-part request to the Ministry of Justice (MoJ) requesting information relating to the prison estate population and the categorisation of prisoners. The MoJ refused to provide the requested information, citing section 12 of FOIA (cost of compliance exceeds the appropriate limit).The Commissioner’s decision is that the MoJ has correctly applied section 12. He requires no steps to be taken as a result of this decision.
FOI 12: Not upheld

[2016] UKICO FS50622682
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568350

ICO The complainant requested information from the Ministry of Justice (MoJ) relating to contracts with G4S and Serco. The MoJ confirmed it holds the requested information but refused to disclose it citing sections 31(1)(a), (c) and (g) of the FOIA (law enforcement – prejudice to the prevention or detection of crime, to the administration of justice and to the exercise by any public authority of its functions respectively). The Commissioner has investigated and concluded that none of the exemptions are engaged. The Commissioner requires the MoJ to disclose the withheld information.
FOI 31: Upheld

[2016] UKICO FS50616197
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568348

ICO (Local Government (City Council)) The complainant has requested Leeds City Council provide him with recorded information which relates to the Council’s handling of his complaints connected to a wall at Grange Cottage, Ledsham. The Council refused the complainants request in reliance on the exception to disclosure provided by Regulation 12(4)(b) of the EIR. The Commissioner’s decision is that Leeds City Council has properly applied Regulation 12(4)(b) to the complainant’s request and it is entitled to withhold any information it holds which is relevant to his request. The Commissioner requires the public authority to take no further action in this matter.
EIR 12(4)(b): Not upheld

[2016] UKICO FER0615064
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568336

ICO The complainant requested information relating to contact in 2009 between the then Lord Chief Justice, Lord Judge, and the then Lord Chancellor/ Minister of Justice, Jack Straw. To date he has not received a substantive response. The Commissioner’s decision is that the Ministry of Justice (the MoJ) has breached section 10(1) of the FOIA in that it failed to provide a response to the request within the statutory timeframe of 20 working days. He requires it to comply with the request or issue a valid refusal notice as set out in section 17 of the FOIA.
FOI 10: Upheld FOI 17: Upheld

[2016] UKICO FS50629003
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568351

ICO (Local Government (City Council)) The complainant has requested recorded information from Leeds City council which concerns its Taxi and Private Hire Licensing Department. The Commissioner’s decision is that Leeds City Council is entitled to rely on section 12 of the FOIA. The Commissioner requires the public authority to take no further action in this matter.
FOI 12: Not upheld

[2016] UKICO FS50601247
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568337

ICO The complainant requested a copy of the index of the Employment Tribunal database. The Ministry of Justice (the ‘MOJ’) advised that it does not hold such an index. The Commissioner’s decision is that, on the balance of probabilities, the requested information is not held. He does not require the MOJ to take any remedial steps to ensure compliance with the legislation.
FOI 1: Not upheld

[2016] UKICO FS50620891
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568349

ICO (Local Government (City Council)) The complainant has requested correspondence between the council and a charitable organisation, Aspiring Communities, and its agents regarding a planning application to build a community centre in Beeston, Leeds. The council disclosed the majority of the information however it withheld the names of some individuals named in the correspondence, and also the contact details for some individuals. During the course of the Commissioner’s investigation the council disclosed further names to the complainant however it retained its reliance upon Regulation 12(3) for some individuals. The Commissioner’s decision is that the council has correctly applied Regulation 12(3) to some names, however the identity of other individuals should be disclosed. The Commissioner requires the public authority to disclose the names of individuals on the steering group who have already been identified on the Aspiring Communities website.
EIR 12(3): Partly upheld

[2016] UKICO FS50610566
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568338

ICO The complainant requested information from the Ministry of Justice (MoJ) relating to Employment Tribunals brought against the London Borough of Haringey. The MoJ responded to the request but the complainant believed that the MoJ must hold further information within the scope of the request. The Commissioner’s decision is that, on the balance of probabilities, no further relevant information is held. The Commissioner does not require the MoJ to take any steps.
FOI 1: Not upheld

[2016] UKICO FS50611036
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568347

ICO The complainant requested information relating to work carried out by a named Home Office official. The Home Office refused this request as vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that the Home Office cited section 14(1) correctly so it was not obliged to comply with this request.
FOI 14: Not upheld

[2016] UKICO FS50618360
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568326

ICO The complainant requested information relating to illegal immigration via Scottish ports. The Home Office refused to disclose this information and cited the exemption provided by section 31(1)(e) (prejudice to the operation of the immigration controls) of the FOIA. The Commissioner’s decision is that section 31(1)(e) was cited correctly so the Home Office was not obliged to disclose this information. The Commissioner has also found, however, that the Home Office breached section 17(1) of the FOIA by delaying its response to the request.
FOI 17: Upheld FOI 31: Not upheld

[2016] UKICO FS50616895
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568325

ICO The complainant requested information relating to Syrian refugees. The Home Office failed to respond substantively to this request and in so doing breached sections 1 and 10 of the FOIA. It is now required to respond to the request. The Commissioner requires the Home Office to respond to the request.
FOI 1: Upheld FOI 10: Upheld

[2016] UKICO FS50630145
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568329

ICO The complainant requested information relating to asylum policy guidance on discretionary leave. The Home Office failed to respond to the request and, in so doing, breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the Home Office to respond to the request.
FOI 1: Upheld FOI 10: Upheld

[2016] UKICO FS50627948
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568328

ICO The complainant requested information relating to the detention in Immigration Removal Centres of women who have disclosed that they are pregnant. The Home Office failed to respond substantively to this request and in so doing breached sections 1 and 10 of the FOIA and it is now required to respond to the request.
FOI 1: Upheld FOI 10: Upheld

[2016] UKICO FS50624827
Bailii
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568327

ICO The complainant has requested minutes and the name of attendees at a particular meeting between the then Parliamentary Under Secretary of State at the Department of Health (DoH) and the Royal College of Surgeons (RCS). The DoH stated no minutes were held but considered the names of attendees should be withheld on the basis of section 35(1)(d) of the FOIA or section 40(2) for a limited number of the attendees. The Commissioner’s decision is that although the section 35(1)(d) exemption is engaged the public interest favours disclosure. The Commissioner does accept that section 40(2) has been correctly applied to withhold the names of two individuals that the DoH has specified. The Commissioner requires the public authority to disclose the names of the attendees at the meeting with the exception of the names of the two individuals the DoH has correctly applied section 40(2) to withhold.
FOI 35(1)(d): Upheld FOI 40(2): Not upheld

[2016] UKICO FS50604556
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568300

ICO The complainant has requested minutes and the name of attendees at a particular meeting between the Jeremey Hunt and Alliance Boots. The DoH stated no minutes were held but considered the names of attendees should be withheld on the basis of section 35(1)(d) of the FOIA or section 40(2) for a limited number of the attendees. The Commissioner’s decision is that although the section 35(1)(d) exemption is engaged the public interest favours disclosure. The Commissioner does accept that section 40(2) has been correctly applied to withhold the names of four individuals that the DoH has specified. The Commissioner requires the public authority to disclose the names of the attendees at the meeting with the exception of the names of the four individuals the DoH has correctly applied section 40(2) to withhold.
FOI 35(1)(d): Upheld FOI 40(2): Not upheld

[2016] UKICO FS50604562
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568302

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 information. The Commissioner requires the public authority to disclose the information withheld under section 36(2)(b)(ii).
FOI 36: Upheld

[2016] UKICO FS50608417
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568307

ICO The complainant has requested minutes and the name of attendees at a particular meeting between Jeremy Hunt and the Academy of Medical Royal College (AoMRC). The DoH stated no minutes were held but considered the names of attendees should be withheld on the basis of section 35(1)(d) of the FOIA or section 40(2) for a limited number of the attendees. The Commissioner’s decision is that although the section 35(1)(d) exemption is engaged the public interest favours disclosure. The Commissioner does accept that section 40(2) has been correctly applied to withhold the names of one individual that the DoH has specified. The Commissioner requires the public authority to disclose the names of the attendees at the meeting with the exception of the name of the one individual the DoH has correctly applied section 40(2) to withhold.
FOI 35(1)(d): Upheld FOI 40(2): Not upheld

[2016] UKICO FS50604583
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568306

ICO The complainant has requested minutes and the name of attendees at a particular meeting between Jeremy Hunt and Price Waterhouse Coopers (PWC). The DoH stated no minutes were held but considered the names of attendees should be withheld on the basis of section 35(1)(d) of the FOIA or section 40(2) for a limited number of the attendees. The Commissioner’s decision is that although the section 35(1)(d) exemption is engaged the public interest favours disclosure. The Commissioner does accept that section 40(2) has been correctly applied to withhold the names of three individuals that the DoH has specified. The Commissioner requires the public authority to disclose the names of the attendees at the meeting with the exception of the names of the three individuals the DoH has correctly applied section 40(2) to withhold.
FOI 35(1)(d): Upheld FOI 40(2): Not upheld

[2016] UKICO FS50604573
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568305

ICO The complainant has requested minutes and the name of attendees at a particular meeting between the then Parliamentary Under Secretary of State at the Department of Health (DoH) and the General Medical Council (GMC). The DoH stated no minutes were held but considered the names of attendees should be withheld on the basis of section 35(1)(d) of the FOIA. The Commissioner’s decision is that although the section 35(1)(d) exemption is engaged the public interest favours disclosure. The Commissioner requires the public authority to disclose the names of the attendees at the meeting.
FOI 35(1)(d): Upheld

[2016] UKICO FS50604568
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568304

ICO The complainant has requested minutes and the name of attendees at a particular meeting between Jeremy Hunt and a group of health organisations. The DoH stated no minutes were held but considered the names of attendees should be withheld on the basis of section 35(1)(d) of the FOIA or section 40(2) for a limited number of the attendees. The Commissioner’s decision is that although the section 35(1)(d) exemption is engaged the public interest favours disclosure. The Commissioner does accept that section 40(2) has been correctly applied to withhold the names of two individuals that the DoH has specified. The Commissioner requires the public authority to disclose the names of the attendees at the meeting with the exception of the names of the two individuals the DoH has correctly applied section 40(2) to withhold.
FOI 40: Not upheld EIR 35(1)(d): Upheld

[2016] UKICO FS50604561
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 21 January 2022; Ref: scu.568301