The complainant has requested from the Parliamentary and Health Service Ombudsman (PHSO) information about its handling of a complaint case. The Commissioner’s decision is that in failing to deal with the complainant’s request in accordance with the FOIA, the PHSO has breached section 1(1)(a) of the FOIA. He requires the PHSO to issue a response to the complainant’s information request under the FOIA. The PHSO 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 FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld

[2015] UKICO FS50582089
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555839

ICO The complainant requested information from the Ministry of Justice (MoJ) about the cost of prison food and about the menus typically available to prisoners. To date he has not received a substantive response. The Commissioner’s decision is that MoJ has breached 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. MoJ 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: Not upheld

[2015] UKICO FS50593788
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555828

ICO The complainant has made a request to East Devon District Council (‘the council’) for information about the officers and members involved in a previous information request. The council disclosed held information, but the complainant contested that further information was held. The Commissioner’s decision is that the authority has disclosed all relevant held information. However, in failing to provide held information within the time for compliance, it has breached section 10(1). The Commissioner does not require any steps to be taken.
FOI 1: Not upheld FOI 10: Upheld

[2015] UKICO FS50573485
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555797

ICO The complainant requested information relating to meetings the Police and Crime Commissioner for Northumbria (the ‘PCC’) held with members of the public. The PCC refused the request on cost grounds under section 12(1) of the FOIA. The Commissioner’s decision is that the PCC cited section 12(1) correctly and so it was not obliged to comply with the request. However, he has also found that the PCC did not comply with its obligation under section 16(1) to provide advice and assistance to the requester as it did not provide guidance as to how the complainant’s request could be refined to bring it within the cost limit. It is now required to respond to the complainant with this advice. The Commissioner requires the PCC to write to the complainant with advice as to how his request could be refined to bring it within the cost limit. The PCC 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 FOIA and may be dealt with as a contempt of court.
FOI 12: Not upheld FOI 16: Upheld

[2015] UKICO FS50576137
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555842

ICO The complainant requested a list of convicted corporations from the Ministry of Justice (the ‘MOJ’) held on a specified database. The MOJ refused to provide the information in its entirety, relying on section 32 (court records), section 40(2) (personal information), and section 43(2) (commercial interests).The Commissioner’s decision is that sections 32(1)(c) and 32(2)(b) of FOIA are engaged. He has therefore not considered the MOJ’s reliance on the other exemptions. He does not require the MOJ to take any steps.
FOI 32: Not upheld

[2015] UKICO FS50573033
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555825

ICO The complainant requested information from the Ministry of Justice (the ‘MOJ’) about the number of cases struck out as a result of administrative errors. The MOJ sought further clarification of the request which the complainant provided on two occasions. However, the MOJ said it requires the complainant to clarify the information she is seeking before it can respond; citing section 1(3) of FOIA. The Commissioner’s decision is that the MOJ has properly relied on section 1(3) of FOIA. However, as the MOJ failed to provide its response within the statutory 20 working days framework it thereby breached section 10(1) of FOIA. This decision notice is currently under appeal to the Tribunal.
FOI 1: Not upheld FOI 10: Upheld

[2015] UKICO FS50593831
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555829

ICO The complainant made three requests for information to the Ministry of Justice. The Ministry of Justice (MoJ) refused a previous request under section 14 of the FOIA and that refusal was upheld by the Commissioner. The MoJ are now relying on section 17(6) of the FOIA to not respond to these three further requests for information. The Commissioner’s decision is that the MoJ has correctly relied on section 17(6) of the FOIA and so was not obliged to respond to the three information requests in question. The Commissioner does not require the MoJ to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 17: Not upheld

[2015] UKICO FS50571695
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555824

ICO The complainant requested information relating to a court proceeding. The Ministry of Justice (MoJ) failed to respond to this request. The Commissioner’s decision is that the MoJ breached sections 1(1) and 10(1) of the FOIA in failing to respond and it is now required to provide a response. The Commissioner requires the MoJ to respond to the request. The MoJ 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 FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50590627
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555738

[2015] UKICO FS50566165
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555777

[2015] UKICO FS50559883
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555759

ICO The complainant requested information from the Cabinet Office relating to meetings and correspondence from its internal groups responsible for elections. The Cabinet Office acknowledged the complainant’s request but has not issued a response which fulfils its obligations under the terms of the Freedom of Information Act 2000 (the Act). The Commissioner’s decision is that the Cabinet Office has breached sections 1(1) and 10(1) of the Act. The Commissioner requires the public authority to issue a response to the complainant under the Act. 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 1: Upheld FOI 10: Upheld

[2015] UKICO FS50592004
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555774

ICO The complainant has requested copies of the complete correspondence that Birmingham City Council received from the China Railways Group Limited in respect of the HS2 rail proposals. The Commissioner’s decision is that Birmingham City Council has properly applied Regulation 12(5)(e) to the information which the complainant seeks and it is therefore entitled to withhold that information. The Commissioner requires the public authority to take no further action in this matter.
EIR 12(5)(e): Not upheld

[2015] UKICO FER0574954
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555765

ICO The complainant requested information about small claims in the County Court. The Ministry of Justice (the ‘MOJ’) passed the request to Plymouth County Court to respond to under the ‘normal course of business.’ The Court then provided the complainant with a leaflet which it said addressed her request. The complainant, however, disagreed and twice requested the MOJ to carry out an internal review which the MOJ refused because it said that the request had not been handled under the FOIA. Whilst the Commissioner is satisfied that the request constitutes a valid request under FOIA, he has concluded that the request was legitimately dealt with in the normal course of business. He also finds that the request has been answered and that the complainant did not suffer any detriment as a result of the way in which the request was handled by the MOJ. He does not require the public authority to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 16: Not upheld

[2015] UKICO FS50582481
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555736

ICO The complainant has requested information about statistics broadcast on a particular BBC television programme. The BBC says that the information is excluded from the FOIA because it is held for the purpose of ‘journalism, art or literature’. The Commissioner’s decision is that the requested information is derogated and the BBC is not obliged to comply with the request under the FOIA. He does not require the BBC to take any steps.
FOI 1: Not upheld

[2015] UKICO FS50589802
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555763

ICO The complainant has requested information on a search warrant executed by the Metropolitan Police. 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. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

[2015] UKICO FS50585481
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555762

ICO The complainant requested information relating to the number of barring orders made in a specified time period. The MoJ cited 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

[2015] UKICO FS50584524
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555737

[2015] UKICO FS50575752
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555769

The complainant has requested recorded information concerning the 11+ test arrangements for Buckinghamshire Schools. The Commissioner’s decision is that Buckinghamshire County Council does not hold the information requested by the complainant for any of its own purposes. By virtue of section 3(2) of the FOIA, the Council is not required to disclose the information it holds. The Commissioner requires the public authority to take no further action in this matter.
FOI 1: Not upheld FOI 3: Not upheld

[2015] UKICO FS50555840
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555772

ICO The complainant has requested information about the number of video auditions to join the presenting team of ‘Top Gear’. The BBC explained that the information was covered by the derogation and excluded from the FOIA. The Commissioner’s decision is that this information is held by the BBC for the purposes of ‘journalism, art or literature’ and is not caught by the FOIA. He therefore upholds the BBC’s position and does not require the BBC to take any further steps.
FOI 1: Not upheld

[2015] UKICO FS50593758
Bailii
England and Wales

Information

Updated: 07 January 2022; Ref: scu.555764

ICO Local Government (Borough Council) – The complainant has requested in a 14 part request from London Borough of Hammersmith and Fulham (the ‘Council’) information relating to residents’ parking complaints in a particular area. The Commissioner investigated the Council’s response in relation to parts 1, 2, 3, 4 and 11 to 14. It applied section 12 of the FOIA to parts 1, 2 and 3 and confirmed that it does not hold any further information to the remaining parts of the request. The Commissioner’s decision is that the Council is entitled to rely on section 12 to parts 1, 2 and 3 as a basis for refusing the request. To the remaining parts of the request, the Commissioner’s decision is that the Council does not hold any further information falling within the scope of the request. Therefore, the Council has complied with its obligations under section 1 of the FOIA. The Commissioner does not require the Council to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 1: Not upheld FOI 12: Not upheld

[2015] UKICO FS50561272
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555722

[2015] UKICO FS50584536
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555729

ICO The complainant requested information relating to Mahmood Hussein Mattan, an individual whose conviction for murder was overturned. Ministry of Justice (MoJ) provided some information within the scope of the request, but withheld the remainder citing section 40(2) of FOIA (personal information). The Commissioner’s decision is that MoJ withheld information appropriately. He requires no steps to be taken. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld

[2015] UKICO FS50551592
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555732

ICO The complainant requested training materials for Home Office officials about immigration law. The Home Office disclosed the majority of the requested information, but withheld the remainder under the exemptions provided by sections 31(1)(e) (prejudice to the operation of the immigration controls), 36(2)(c) (other prejudice to the effective conduct of public affairs) and 42(1) (legal professional privilege) of the FOIA. The Commissioner’s decision is that the redacted information was withheld incorrectly and must now be disclosed. The Commissioner requires the Home Office to disclose to the complainant the withheld information. The Home Office 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 FOIA and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.
FOI 31: Upheld FOI 36: Upheld FOI 42: Upheld

[2015] UKICO FS50565161
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555726

[2015] UKICO FS50561442
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555728

ICO The complainant requested information relating to the gender split of applicants applying for Non Molestation Orders (NMOs) and Occupancy Orders from 1st Jan 2011 to 30th June 2014. The Ministry of Justice (MoJ) provided exact figures where the numbers exceeded five but refused to provide figures less than five on the basis that individuals could be identified and section 40(2) was therefore engaged. The Commissioner’s decision is that MoJ has correctly applied section 40(2) to withhold figures less than five. He requires no steps to be taken.
FOI 40: Not upheld

[2015] UKICO FS50564749
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555734

[2015] UKICO FS50579747
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555730

ICO The complainant requested information relating to grants of compensation to the family of a man wrongly convicted of murder. The Ministry of Justice (MoJ) provided some information within the scope of the request, but withheld the remainder citing section 40(2) (personal information). The Commissioner’s decision is that MoJ incorrectly applied section 40(2) to some of the requested information. The Commissioner requires MoJ to disclose to the complainant the information identified at paragraph 81 of this decision notice. The MoJ 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: Partly upheld

[2015] UKICO FS50551750
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555733

ICO The complainant requested information relating to a Memorandum of Understanding on Judicial co-operation 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 FOIA and that in all the circumstances of the case the public interest favours maintaining the exemption. The Commissioner did not proceed to consider MoJ’s application of section 27(2) to the same information. The MoJ is not required to take any steps as a result of this notice.
FOI 27: Not upheld

[2015] UKICO FS50579089
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555735

ICO The complainant requested a copy of 75 questions which the Major Projects Authority had put to High Speed Two (HS2) Limited. HS2 dealt with the request under FOIA and withheld the information under section 36 – prejudice to the conduct of public affairs. The Commissioner’s decision is that the requested information constitutes environmental information and therefore the request falls to be considered under the EIR. The Commissioner requires the public authority to provide a fresh response under the EIR and either disclose the 75 questions under regulation 5(1), or issue a refusal notice in accordance with regulation 14. 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. This decision notice is currently under appeal to the Tribunal.
EIR 2(1): Upheld

[2015] UKICO FER0570401
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555727

ICO The complainant has requested information relating to a report into the murder of WPC Yvonne Fletcher. The Cabinet Office refused to provide it under section 23(1) (security bodies), section 27 (international relations), section 31 (investigations information) and section 40(2) (unfair disclosure of personal data). It upheld this at internal review although failed to communicate this to the complainant in a timely manner. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 23 as a basis for withholding all the requested information. No steps are required. This decision notice is currently under appeal to the Tribunal.
FOI 23: Not upheld

[2015] UKICO FS50571873
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555693

ICO The complainant has requested information, including correspondence and emails, between Waveney District Council and its advisors relating to the purchasing of land occupied by a former Sanyo factory. The public authority disclosed some information but withheld several documents containing information within the scope of the request on the basis of section 42, 43 and 36 of the FOIA. The Commissioner’s decision is that the Council has incorrectly applied the section 42 and 43 exemptions and although the section 36 exemption is engaged in relation to one of the documents the balance of the public interest favours disclosing this information. The Commissioner requires the public authority to disclose the information described as Documents A, B, C, D and E. 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 36: Upheld FOI 42: Upheld FOI 43: Upheld

[2015] UKICO FS50561165
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555673

[2015] UKICO FS50569254
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555678

ICO The complainant has requested information from the BBC about a ‘File on Four’ program broadcast on Radio 4. In its response to the complainant, the BBC explained that it held the requested information for the purposes of ‘journalism, art or literature’ and it therefore fell outside the scope of the FOIA. The Commissioner’s decision is that the requested information is derogated and the BBC is not obliged to comply with the request under the FOIA. He does not require the BBC to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 1: Not upheld

[2015] UKICO FS50586208
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555690

ICO The complainant requested information relating to the public duty cost allowance afforded to former Prime Ministers of the UK. The Cabinet Office refused the request under sections 21(1), 22(1) and 40(2) of the Freedom of Information Act 2000 (the Act). During the course of the investigation the Cabinet Office sought to rely on sections 12(1) and 41(1) of the Act. The complainant has not sought to appeal against the Cabinet Office’s use of sections 12(1), 21(1) and 22(1) so the Commissioner has not included this in his decision. The Commissioner’s decision is that the Cabinet Office is entitled to refuse the request under section 41(1) of the Act. He also finds that the Cabinet Office breached section 17(1) with its late citation of section 41(1). However, as a valid refusal notice has been issued no steps are required. This decision notice is currently under appeal to the Tribunal.
FOI 17: Upheld FOI 41: Not upheld

[2015] UKICO FS50560132
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555692

ICO The complainant has requested information relating to the Morecambe Bay Investigation (MBI). The DoH said that it did not hold the information requested by the complainant under section 1(1)(a) FOIA. The Commissioner considers that the DoH was correct to confirm that it did not hold the requested information under section 1(1)(a) of the FOIA. The Commissioner requires no steps to be taken. This decision notice is currently under appeal to the Tribunal.
FOI 1: Not upheld

[2015] UKICO FS50581133
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555712

ICO The complainant has requested information about BBC employees. The BBC provided some information but has refused to comply fully with the request because it says to do so would exceed the appropriate limit, under section 12 of the FOIA. The Commissioner’s decision is that the BBC has correctly applied section 12 of the FOIA because it would exceed the appropriate limit to determine whether it held the remainder of the information requested at parts 1, 2 and 5 of the request, and any of the information requested at parts 3 and 4. He also finds the BBC breached section 10 of the FOIA because it did not comply with section 1(1) within 20 working days. The Commissioner does not require the BBC to take any further steps.
FOI 10: Upheld FOI 12: Not upheld

[2015] UKICO FS50569953
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555689

The complainant has requested information from the Government Legal Department. The Commissioner’s decision is that the complainant has requested his own personal data and that the Government Legal Department should have neither confirmed nor denied holding any information by virtue of section 40(5)(a) of the FOIA. He does not require any steps to be taken.
FOI 40: Not upheld

[2015] UKICO FS50571148
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555720

[2015] UKICO FS50576384
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555682

The complainant has requested information relating to a Planning Policy Task Group. West Berkshire District Council disclosed some information but withheld other information (meeting minutes) under the exception for internal communications (regulation 12(4)(e) of the EIR). The Commissioner’s decision is that the public authority has correctly applied regulation 12(4)(e) to withhold the meeting minutes requested in part 4 of the request. The Commissioner does not require the public authority to take any steps.
EIR 12(4)(e): Not upheld

[2015] UKICO FER0574712
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555674

[2015] UKICO FS50581222
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555688

ICO The complainant has requested information provided to Ministers on the impact of the withdrawal of Minimum Practice Income Guarantee Payments. The Department of Health considered the information was exempt from disclosure on the basis of section 35(1)(a) of the FOIA. The Commissioner’s decision is that the exemption is engaged and the balance of the public interest lies in maintaining the exemption. He requires no steps to be taken.
FOI 35: Not upheld

[2015] UKICO FS50578090
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555711

ICO The complainant has requested information about doctors administratively erased from the Medical Register over the last 5 years for failing to pay the required registration fee (Annual Retention Fee (ARF). The GMC refused to comply with the request under section 12 of the Freedom of Information Act 2000 (FOIA) as it said it would exceed the cost limit to do so. The Commissioner’s decision is that the DWP has correctly applied section 12 FOIA in this case. The Commissioner requires no steps to be taken.
FOI 12: Not upheld

[2015] UKICO FS50578888
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555718

The complainant has requested a copy of 75 questions which the Major Projects Authority asked High Speed Two (HS2) Limited to address. The Cabinet Office dealt with the request under FOIA and refused it citing section 33 – prejudice to audit functions and section 35 – information relating to the formulation or development of government policy. It later dropped section 33 but maintained its reliance on section 35. The Commissioner’s decision is that the requested information is environmental information and that therefore the request should have been dealt with the EIR. The Commissioner requires the public authority to provide a fresh response under the EIR and either disclose the 75 questions under regulation 5(1), or issue a refusal notice in accordance with regulation 14. 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. The Commissioner also finds that by failing to provide an internal review of its decision to withhold the requested information the Cabinet Office breached regulation 11 of the EIR. This decision notice is currently under appeal to the Tribunal.
EIR 2(1): Upheld EIR 11: Upheld

[2015] UKICO FER0578594
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555691

ICO The complainant has requested information about doctors dismissed from their employment for failing to pay the Annual Retention Fee. The General Medical Council (GMC) says that to provide a response would exceed the appropriate limit under section 12 of the FOI and it is therefore not obliged to comply with the request. The Commissioner’s decision is that the General Medical Council has correctly applied section 12 to this request. He does not require the GMC to take any further steps.
FOI 12: Not upheld

[2015] UKICO FS50579119
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555719

ICO The complainant has requested information about complaints and grievances raised within three identified teams with Hackney Homes, which is part of the London Borough of Hackney (the ‘Council’). The Council provided some information. However it withheld part of the request under section 40(2) of the FOIA and explained that some of the required information is not held. The Commissioner’s decision is that the Council is correct to apply section 40(2) to the withheld information and that it does not hold the remaining information. No further steps are required.

[2015] UKICO FS50555985
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555721

[2015] UKICO FS50574342
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555681

ICO The complainant has requested information concerning allegations of the mistreatment of a child at Wood Fold School, by staff at the school. Wigan Council (‘the Council’) says it has released all the information that it holds with regard to one part of the request and does not hold relevant information with regard to another part. It is withholding some information within the scope of a third part under section 42 (legal professional privilege). During the Commissioner’s investigation, the Council disclosed other information that it had initially withheld under 43(2) (commercial interests). The Commissioner’s decision is that Wigan Council has disclosed all the relevant information that it holds with regard to part 1 of the request; does not hold other information that has been requested under part 3(b) of the request; and has correctly applied section 42 to the information it has withheld under part 2 of the request. The Commissioner also finds that the Council breached section 10 as it did not provide a response to the request or disclose information within the 20 working days that is a requirement of the Act.
FOI 10: Upheld FOI 42: Partly upheld

[2015] UKICO FS50561768
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555677

ICO The complainant requested from Kent Police (the ‘police’) six original official police receipts and some relevant photocopies. The police relied on the section 40(5)(a) FOIA exemption to neither confirm nor deny holding the requested information. This is on the basis that, if the requested information were held, it would be the complainant’s personal data. Following his investigation, the Commissioner is satisfied that the requested information, if held, would be the complainant’s personal data and he does not require the police to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld

[2015] UKICO FS50579330
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555626

The complainant has requested aggregate pricing information relating to South Western Ambulance Service NHS Foundation Trust’s (the Trust) procurement of vehicle spare parts to support its Mercedes ambulances. The Trust refused to disclose the requested information under section 43(2) FOIA. The Commissioner’s decision is that the Trust has incorrectly applied section 43(2) FOIA to the withheld information in this case. The Commissioner requires the public authority disclose each bidders total for the parts listed, not the individual item pricing. 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 43: Upheld

[2015] UKICO FS50578668
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555655

ICO The complainant has requested a copy of an agreement between Nottingham City Council and Nottingham Forest Football Club in the Community regarding the operation of a sports zone. Nottingham City Council disclosed some information but withheld other information under the exception for adverse affect to the confidentiality of commercial information (regulation 12(5)(e) of the EIR. The Commissioner’s decision is that Nottingham City Council: wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14 and failed to demonstrate that the exception in regulation 12(5)(e) was engaged. The Commissioner requires the public authority to disclose the information withheld under regulation 12(5)(e). 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.
EIR 5(1): Upheld EIR 14: Upheld EIR 12(5)(e): Upheld

[2015] UKICO FS50576439
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555645

ICO The complainant requested information from North Lincolnshire Council (‘the council’) on the subject of what representations Leonard Cheshire Disability had made to the council regarding increases in the fees paid for the social care provided by them in order to pay carers the living wage. The council relied on the exemption under section 43(2) of the Freedom of Information Act 2000 (‘the FOIA’). This exemption relates to commercial interests. At the start of the Commissioner’s investigation, the council decided to withdraw its reliance on the exemption and disclose the information. The Commissioner finds that the council breached sections 1(1)(b), 10(1) and 17(1) of the FOIA. There are no steps to take.
FOI 1: Upheld FOI 10: Upheld FOI 17: Upheld

[2015] UKICO FS50580382
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555643

ICO The complainant has requested information from the Ministry of Justice (MoJ) about photography in prisons. To date he has not received a substantive response. The Commissioner’s decision is that MoJ 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. MoJ 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: Upheld

[2015] UKICO FS50578478
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555635

[2015] UKICO FS50578327
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555644

ICO The complainant requested certain information following his appeal of a previous FOIA request to the First Tier Tribunal. The Ministry of Justice (the ‘MOJ’) initially refused to provide the requested information on the basis of section 21 (information reasonably accessible by other means), but later relied on section 32 (court records). The Commissioner’s decision is that the MOJ has correctly relied on section 32(1)(a) to withhold the requested information. He does not require the MOJ to take any steps.
FOI 32: Not upheld

[2015] UKICO FS50574217
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555633

ICO The complainant has requested the details of all doctors used as clinical advisers by the Parliamentary and Health Service Ombudsman (PHSO) including their GMC (General Medical Council) registration numbers. The PHSO provided an anonymised list of the doctors’ specialities and qualification but withheld the remaining information under section 40(2) – personal information. During the Commissioner’s investigation the PHSO also applied section 38 – endangerment to health and safety and also refused the request under section 14(1) on the grounds that it believed the request was vexatious. The Commissioner’s decision is that the PHSO is entitled to rely on section 14(1) to refuse the request. The Commissioner does not require the public authority to take any further action in this matter.
FOI 14: Not upheld

[2015] UKICO FS50566223
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555647

[2015] UKICO FS50569377
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555670

ICO The complainant has requested information from Transport for London (TfL) about private hire licences, enforcement matters and meeting minutes. TfL acknowledged the request but did not go on to provide the complainant with a response. The Commissioner’s decision is that Transport for London has breached section 10 of the FOIA because it did not respond to the complainant’s request within the 20 working days that is a requirement of the Act. Transport for London has advised the Commissioner that it has now responded to the request. Consequently, the Commissioner does not require it to take any further steps.
FOI 10: Upheld

[2015] UKICO FS50583314
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555666

The complainant has requested information about a complaint he submitted to the Council concerning an incident he says he witnessed which raised health and safety in the workplace issues. Suffolk County Council (‘the Council’) would neither confirm nor deny holding the requested information by virtue of sections 40(5) (personal information). The Commissioner’s decision is that the section 40(5)(a) exemption is engaged. The Commissioner does not require the Council to take any steps as a result of this decision.
FOI 40: Not upheld

[2015] UKICO FS50574792
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555660

[2015] UKICO FS50570186
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555627

The complainant has requested information from the University of Bristol (‘the University’) relating to animal experiments. The Commissioner’s decision is that the University correctly applied section 12 of FOIA to the request. The Commissioner requires the public authority to take no steps. This decision notice is currently under appeal to the Tribunal.
FOI 12: Not upheld

[2015] UKICO FS50569289
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555668

ICO The complainant has requested information about the C10 bus service. TfL refused to comply with the request under section 14(1) of the Freedom of Information Act 2000 (FOIA) as it considered it to be vexatious. The Commissioner’s decision is that TfL has correctly applied section 14(1) FOIA. The Commissioner requires no steps to be taken.
FOI 14: Not upheld

[2015] UKICO FS50580886
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555665

ICO The complainant requested information from the Ministry of Justice (the ‘MOJ’) about regulations governing prisoners having their photographs taken. By the date of this notice, the MOJ had yet to provide a substantive response to this request. The Commissioner’s decision is that the MOJ breached section 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. 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: Upheld

[2015] UKICO FS50582418
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555637

The complainant requested various items of information in respect of two letters he had received from the Chairman of the Isle of Anglesey Council’s Standards Committee. The Council provided some information but refused the rest by virtue of section 36(2)(c), section 41 and section 42(1) of the FOIA. It also stated that it did not hold some of the information. The Commissioner’s decision is that the Isle of Anglesey County Council correctly withheld information in respect of section 41 and section 42(1) of the FOIA. However, it incorrectly withheld information on the basis of section 36(2)(c) of the FOIA. The Isle of Anglesey Council also incorrectly informed the complainant that it did not hold information in respect of items III and VII of his request. The Commissioner requires the public authority to issue a fresh response in respect of items III and VII of the request compliant with section 1(1) of the FOIA and provide the information it holds in respect of items II and V of the request. 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. This decision notice is currently under appeal to the Tribunal.
FOI 36: Upheld FOI 41: Not upheld FOI 42: Not upheld

[2015] UKICO FS50552416
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555623

The complainant requested information about the application of section 14 of the FOIA to previous requests for information he had submitted. The Commissioner’s decision is that Pennard Community Council (‘the Council’) has failed to respond to the request within the statutory time for compliance. This is a breach of section 10 of FOIA. The Commissioner requires the Council provide the complainant with a response to his request which complies with the requirements of section 1(1) of the FOIA, or issue a valid refusal notice. The Council 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 FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50585308
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555648

[2015] UKICO FS50571721
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555628

ICO The complainant requested certain information following his appeal of a previous FOIA request to the First Tier Tribunal. The Ministry of Justice (the ‘MOJ’) initially refused to provide the requested information on the basis of section 21 (information reasonably accessible by other means), but later relied on section 32 (court records). The Commissioner’s decision is that the MOJ has correctly relied on section 32(1)(a) to withhold the requested information. He does not require the MOJ to take any steps.
FOI 32: Not upheld

[2015] UKICO FS50578923
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555636

ICO The complainant requested information about oral hearings for prisoners from the Ministry of Justice (the ‘MOJ’) who provided some of the information requested, but withheld the remainder under section 40(2) of the FOIA, the exemption for personal information. The Commissioner’s decision is that, based on the information the MOJ provided to him during his investigation, it has given an incorrect figure to the complainant in response to part one of the request. He also finds that section 40(2) is not engaged in respect of part two of the request. The Commissioner requires the MOJ to issue a fresh response to part one of the request set out in paragraph 5; issue a fresh response to part two of the request set out in paragraph 5, which does not rely on section 40(2). 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: Upheld

[2015] UKICO FS50577254
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555634

ICO The complainant requested information relating to the citizenship status of the Prime Minister of Australia. 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 this exemption correctly and so it was not obliged to confirm or deny holding this information. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld

[2015] UKICO FS50580832
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555616

ICO The complainant has requested information as to how many doctors had been dismissed from their employment for ‘gross misconduct’ in the period 2012-2014. The GMC refused to comply with the request under section 12 of the Freedom of Information Act 2000 (FOIA) as it said it would exceed the cost limit to do so. The Commissioner’s decision is that the DWP has correctly applied section 12 FOIA in this case. The Commissioner requires no steps to be taken.
FOI 12: Not upheld

[2015] UKICO FS50580352
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555597

ICO The complainant requested information relating to the formation of the terms of reference of the non-statutory child abuse inquiry that was underway at the time of the request. The Home Office refused this request under section 35(1)(a) of the FOIA. The Commissioner’s decision is that the Home Office cited section 35(1)(a) correctly and so it was not obliged to disclose the requested information.
FOI 35: Not upheld

[2015] UKICO FS50577297
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555614

ICO The complainant requested a copy of a referral made to the IPCC in relation to the death of an infant. The IPCC refused to disclose this information under the exemptions provided by sections 40(2) (personal information) and 44(1)(c) (contempt of court) of the FOIA. The Commissioner’s decision is that these exemptions were cited correctly and so the IPCC was not obliged to disclose this information.
FOI 40: Not upheld FOI 44: Not upheld

[2015] UKICO FS50580468
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555621

ICO Local Government (Borough Council) – The complainant has requested from the London Borough of Hammersmith and Fulham (‘the Council’) all information relating to planning applications of a property. The Commissioner’s decision is that the Council has provided the complainant with all the information it holds that falls within the scope of the request. However, the Council has breached regulation 5(1) and regulation 5(2) of the EIR because it did not respond to the request within the timescale for compliance. The Council has also breached regulation 11(4) of the EIR as it failed to carry out an internal review within 40 working days as set out in the legislation. As a full response has now been provided, the Commissioner requires the Council to take no steps.
EIR 5(1): Upheld EIR 5(2): Upheld EIR 11(4): Upheld

[2015] UKICO FS50559111
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555600

ICO The complainant requested information relating to immigration. The Home Office failed to respond to this request. The Commissioner’s decision is that the Home Office breached sections 1(1) and 10(1) of the FOIA in failing to respond and it is now required to provide a response. The Commissioner requires the Home Office to respond to the request. The Home Office 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 FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50586304
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555618

ICO The complainant has requested correspondence between the Prince of Wales and the GMC over the last two decades. The GMC confirmed that some information was held which was already in the public domain. It refused to confirm or deny whether any further information was held under section 37(2) FOIA. The Commissioner’s decision is that the GMC has correctly applied section 37(2) FOIA in this case. The Commissioner requires no steps to be taken.
FOI 37: Not upheld

[2015] UKICO FS50581432
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555598

ICO The complainant has requested information about a ‘file amnesty’ exercise referred to in the Wanless and Whittam Review. The Home Office failed to respond to this request for information and the Commissioner’s decision is that in doing so it breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the Home Office to respond to the request. The Home Office 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 FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50577333
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555615

ICO The complainant requested statistical information from the Violent and Sex Offender Register (ViSOR). The Home Office stated that, as it managed ViSOR for the police rather than for its own purposes, it did not hold the information on ViSOR for the purposes of the FOIA. The Commissioner’s decision is that at the time of the request the Home Office did hold the information on ViSOR for the purposes of the FOIA and so it was in breach of section 1(1)(a) of the FOIA in stating that this information was not held. It is now required to provide a fresh response to the request on the basis that the requested information is held and either disclose the requested information, or specify the section of the FOIA under which this information is withheld. The Commissioner requires the Home Office to provide a response to the request that is compliant with section 1(1) of the FOIA. The Home Office 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 FOIA and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.
FOI 1: Upheld

[2015] UKICO FS50570940
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555613

ICO The complainant has requested information from Land Registry about land owned by British and overseas companies. Land Registry initially refused the request relying on FOIA section 21 – information accessible to applicant by other means. During the course of the Commissioner’s investigation, Land Registry stated that it did not wish to rely on section 21 to refuse the request but would instead rely on section 31 – law enforcement. Land Registry notified the complainant accordingly. The Commissioner’s decision is that Land Registry has correctly applied section 21 to the request and his investigation will not therefore consider the application of section 31. He does not require Land Registry to take any further steps.
FOI 21: Not upheld

[2015] UKICO FS50558762
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555609

ICO (Central Government) The complainant has requested information relating to a meeting between HRH the Prince of Wales and Brandon Lewis MP. The Department for Communities and Local Government applied the exemptions for communications with the Heir to the Throne at section 37(1)(aa), for personal data at section 40(2), and for information provided in confidence at section 41. The Commissioner’s decision is that the Department for Communities and Local Government has correctly applied the exemption at section 37(1)(aa) of the FOIA. He has not therefore not therefore considered the application of the exemptions at section 40(2) and 41 of the FOIA.
FOI 37: Not upheld

[2015] UKICO FS50571913
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555578

ICO The complainant has requested information relating to Elaine Antoinette Parent. 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 FOIA. The Commissioner requires the Home Office to respond to the request. The Home Office 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 FOIA and may be dealt with as a contempt of court.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50581899
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555617

ICO The complainant requested a list of key decisions considered by East Devon District Council (the council). The complainant was not satisfied that the council’s initial response provided him with the requested information. Following an internal review the complainant was provided with the information required, however he was not satisfied with the time the council took to provide the information or conduct an internal review. The Commissioner’s decision is that the council has breached section 10(1) of the FOIA as it did not provide the required information within the 20 working day timeframe permitted by the FOIA. As the council has now provided the requested information, the Commissioner does not require it to take any steps.
FOI 10: Upheld

[2015] UKICO FS50580809
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555593

The complainant has requested copies of all emails involving the Chief Medical Officer relating to Ebola within particular time periods. The DoH refused to provide the requested information under sections 22, 27, 35(1)(a), 38, 40(2) and 43 of the FOIA. The Commissioner’s decision is that the DoH has correctly applied section 35(1)(a) FOIA to all the withheld information. The Commissioner requires no steps to be taken.
FOI 35: Not upheld

[2015] UKICO FS50567271
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555588

ICO The complainant has requested information with regards to a police investigation that was carried out in relation to alleged corruption concerning an ex-councillor. Following East Devon District Council (the council) response, the complainant considered that the council held more information than that provided and was not satisfied with the time it took to provide the information it has. The Commissioner’s decision is that the council has provided all the information it holds within the scope of the request. He has also found that the council has breached section 10(1) of the FOIA in not providing all of the information it held within the required 20 working days from receipt of the request. As the council has now provided all the information it holds, he does not require it to take any steps.
FOI 1: Partly upheld FOI 10: Upheld

[2015] UKICO FS50574816
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555592

[2015] UKICO FS50579495
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555580

ICO The complainant has requested information from the General Medical Council (GMC) about medical practitioners with criminal convictions who are still practicing. The GMC provided some information to the complainant. It withheld some which it says is the personal data of third persons and exempt from disclosure under section 40(2) of the FOIA, by virtue of section 40(3)(a)(i). The Commissioner finds that the GMC breached section 10 of the FOIA as it did not provide a response to the complainant’s request within the 20 working days that is a requirement of the Act. The Commissioner has also decided that the GMC has correctly withheld the requested information under section 40(2), by virtue of section 40(3)(a)(i), because to disclose it would contravene Data Protection Act. The Commissioner does not require the GMC to take any further steps.
FOI 10: Upheld FOI 40: Not upheld

[2015] UKICO FS50567423
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555596

[2015] UKICO FS50547872
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555599

ICO The complainant requested a report of an investigation into the restraining whilst in hospital of an immigration detainee, who died shortly after the restraint was removed. The Home Office refused to disclose this information and cited the exemption provided by section 38(1)(a) (endangerment to health and safety) of the FOIA. The Commissioner’s decision is that section 38(1)(a) is not engaged in relation to some of the content of the report, and, in relation to the remainder of the content, that this exemption is engaged and the public interest in the maintenance of the exemption outweighs the public interest in disclosure. The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation. Disclose the following parts of the report: Cover sheet and contents (pages 1 and 2), Paragraphs 1.1 to 1.5 – executive summary, Paragraph 2 – terms of reference, Paragraphs 3.1 to 3.2 – methodology, Paragraphs 8.1 to 8.16 – recommendations. The Home Office 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 FOIA and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.
FOI 38: Partly upheld

[2015] UKICO FS50568265
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555612

The complainant made a request to the Dorset County Hospital NHS Foundation Trust (‘the Trust’) for information related to a tender concerning the Trust’s Pathology Service. The Trust disclosed some of the requested information but other information was withheld under the section 42 (legal professional privilege), section 43(2) (commercial interests) and section 36(2)(b)(i) and (ii) (free and frank exchange of views/provision of advice) exemptions. The Commissioner’s decision is that the section 36(2)(b)(i) and (ii), and section 42 exemptions were correctly applied and the public interest in maintaining the exemption outweighed the public interest in disclosure. However the Commissioner also found that for a small amount of redacted information and where section 43(2) was the only exemption that was applied, the exemption was not engaged. The Commissioner requires the public authority to provide the complainant with copies of the minutes and agendas falling within the scope of part 6 of the request with the information previously redacted under section 43(2) disclosed. 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 (or the Court of Session in Scotland) pursuant to section 54 of the Act and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.
FOI 36: Not upheld FOI 42: Not upheld FOI 43: Upheld

[2015] UKICO FS50565255
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555589

ICO (Central Government) The complainants requested information from the Department for Communities and Local Government (‘DCLG’) relating to a complaint they had made about Arun District Council (‘the council’). DCLG refused to respond to the requests on the basis that they were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Commissioner considered that the requests should have been considered under the terms of the Environmental Information Regulations 2004 (‘the EIR’). The Commissioner found that a significant amount of the information was the complainants’ personal data and should have been considered under the separate subject access rights provided by the Data Protection Act 1998 (‘the DPA’). The Commissioner found that the remaining information was excepted under regulation 12(4)(b) of the EIR and the public interest favoured maintaining the exception. There are no steps to take.
EIR 12(4)(b): Not upheld

[2015] UKICO FS50559640
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555577

ICO The complainant has made a multipart request for information about any positive action taken by Transport for London (TfL) to encourage people from ethnic minorities to become taxi drivers. TfL interpreted the request as being for information about an initiative which the London Development Agency had run and explained that, as it had not been responsible for that scheme, it did not hold the requested information. During the Information Commissioner’s investigation TfL argued that it had not carried out any form of positive action itself and therefore it did not hold the requested information in any event. The Information Commissioner’s decision is that ultimately TfL met its obligations under section 1 of FOIA to inform the complainant whether or not it held the requested information except in respect of one element. TfL breached section 1 by failing to provide information on where the complainant could submit a compensation claim to. However as the complainant has now acquired the necessary contact details for making a legal claim against the authority the Information Commissioner does not require TfL to take any further action in this matter. This decision notice is currently under appeal to the Tribunal.
FOI 1: Partly upheld

[2015] UKICO FS50566301
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555534

ICO The complainant has requested information on 11+ examination test results and other information related this process in the Buckinghamshire Area over a number of years from Buckinghamshire County Council (‘the council’). The council refused to comply with the request, relying on section 14(1) (vexatious requests). The Commissioner’s decision is that the council was correct to apply section 14(1) to the request. The Commissioner does not require the council to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 14: Not upheld

[2015] UKICO FS50551781
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555556

[2015] UKICO FS50568736
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555541

ICO The complainant submitted a request to the Cabinet Office seeking a copy of any legal advice it held on the potential impact of the Transatlantic Trade and Investment Partnership. The Cabinet Office refused to confirm or deny whether it held any information on the basis of section 42(2), the legal professional privilege exemption. The Commissioner has concluded that section 42(2) is not engaged. The Commissioner requires the public authority to confirm or deny whether information falling within the scope of the request is held, and disclose or refuse any information identified. 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 42: Upheld

[2015] UKICO FS50570791
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555558

[2015] UKICO FS50570175
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555542

The complainant has requested information about particular BBC teams that had responded to a staff survey in 2012. The BBC refused to disclose the information and cited the FOIA exemptions under sections 21 (information reasonably accessible to the requester by other means) and 40(2) of the FOIA (third person personal data) as its basis for doing so. The Commissioner’s decision is as follows: The BBC correctly applied the exemption under section 21 to part of the request. The BBC correctly applied the exemption under section 40(2) to the remainder of the information as it is the personal data of third persons. The public interest favours maintaining the exemption. The Commissioner does not require the public authority to take any further steps.
FOI 21: Not upheld FOI 40: Not upheld

[2015] UKICO FS50577021
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555547

ICO The complainant has requested information relating to Sir Jeremy Heywood’s meetings with a number of newspapers. This information was described in five requests. The Cabinet Office initially refused under section 23 (security bodies) and section 35 (formulation/development of government policy) but amended its position with regard to section 35 at internal review. Instead it sought to rely on provisions of section 36 (effective conduct of public affairs). During the course of the Commissioner’s investigation, it asserted that it did not hold the information described in the first of the five requests. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 23 and section 36 as a basis for withholding the requested information. He is also satisfied that the Cabinet Office does not hold the information described in the first of the five requests. No steps are required.
FOI 23: Not upheld FOI 36: Not upheld

[2015] UKICO FS50556590
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555557

ICO The complainant has requested information about the travel expenses of James Harding, the Director of News and Current Affairs from 1 January 2014 to the date of the request. The BBC refused to comply with the request under section 14 FOIA. The Commissioner’s decision is that the BBC has incorrectly applied section 14 FOIA to the request. The Commissioner requires the public authority to respond to the request, either by disclosing the requested information or explaining why an exemption applies to prevent disclosure. 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 14: Upheld

[2015] UKICO FS50579033
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555548

ICO The complainant has requested information relating to a lease and transfer agreement between Cheshire West and Chester Council and Cheshire Academies Trust. The information concerns Boughton Heath Primary School. The Commissioner’s decision is that Cheshire West and Chester Council has contravened section 10 of the FOIA by failing to respond to the complainant’s request within the twenty working days compliance period. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. The Council is required to respond to the complainant’s request. The Council 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: Upheld

[2015] UKICO FS50585190
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555571

ICO The complainant requested a copy of a specific piece of legal advice from the London Borough of Camden (the ‘Council’). The advice was internal legal advice given in an email in 2009. The Council provided the requested information to the complainant in June 2015 but with third party personal data redacted under section 40(2) of the FOIA. The Commissioner’s decision is that the Council has correctly applied section 40(2) to the withheld information. There are no further steps to be taken. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld

[2015] UKICO FS50575139
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555563

[2015] UKICO FS50576394
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555543

[2015] UKICO FER0574247
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555554