ICO The complainant has requested information about the Public Duty Costs Allowance. The Cabinet Office wrote to advise that further time was required to consider the balance of the public interest test in relation to the application of section 35(1)(a). By the date of this notice the Cabinet Office had yet to provide a substantive response to this request. The Information Commissioner’s decision is that the Cabinet Office breached section 17(3) of the FOIA in that it has failed to provide a response to the request within a reasonable timescale. The Commissioner requires the Cabinet Office to provide the complainant with a substantive response to the request for information. In the event that the Cabinet Office decides to withhold any information then the complainant should be provided with a refusal notice giving a full explanation as to why the information is not being disclosed, including details of any public interest considerations.
FOI 1: Upheld FOI 10: Upheld FOI 17: Upheld

[2015] UKICO FS50566237
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555169

ICO On 5 August 2014 the complainant asked Nottingham City Council for a list of empty and/or derelict commercial, industrial and residential properties. The Council complied with the complainant’s request on 10 December 2014. The Commissioner therefore finds that the Council has contravened section 10 of the FOIA by failing to respond to the request within the twenty working days compliance time provided by this section. The Commissioner does not require the Council to take any steps in this matter.
FOI 10: Upheld

[2015] UKICO FS50562164
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555134

ICO The complainant has requested the agenda and minutes of the Council’s Minerals and Waste Advisory Group meetings. The Council released the agenda and redacted versions of the minutes, citing the non-disclosure exception at regulation 12(4)(e) of the EIR. The Commissioner’s decision is that Oxfordshire County Council was entitled to rely on 12(4)(e) to redact the information.
EIR 12(4)(e): Partly upheld

[2015] UKICO FER0557748
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555139

ICO Central government
The complainant has requested information relating to the Special Educational Needs and Disability Tribunal, the Care Standards Tribunal and the Primary Health Lists Tribunal. The Ministry of Justice (MOJ)failed to respond to this request for information and the Commissioner’s decision is that in doing so the MOJ breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the MOJ to respond to the request.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50566632
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555123

ICO The complainant requested the name of the Crown Prosecution Service (‘CPS’) Prosecutor at a specified court case and date. The Ministry of Justice (the ‘MOJ’) refused to provide the information applying both the exemption for court records (section 32(1)(a)) and for third party personal information (section 40(2)). The Commissioner’s decision is that the MOJ, although correct to withhold the information, should have instead relied on the exemption contained within section 40(5) of FOIA. The Commissioner requires no steps to be taken as a result of this decision.
FOI 40: Not upheld

[2015] UKICO FS50560246
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555121

ICO The complainant requested various information from the Ministry of Justice (MoJ), including information about the cleanliness of the prison wing kitchen. MoJ responded, providing some information but citing section 40 (personal information) in respect of the remainder. During the course of the Commissioner’s investigation, MoJ revised its position and stated that it did not hold some of the requested information. The Commissioner’s decision is that, on the balance of probabilities, the MoJ does not hold further relevant information. The Commissioner finds, however, that in failing to respond to the complainant’s request within the statutory timescale MoJ breached section 10(1). He requires no steps to be taken.
FOI 40: Partly upheld

[2015] UKICO FS50550336
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555120

ICO The complainant requested information about the Ministry of Justice’s (MoJ) position on recommendations from the Senior Salaries Review Body (SSRB) relating to pay for Employment Judges. The MoJ confirmed it held the requested information but refused to disclose it, citing sections 35(1)(a) (formulation of government policy) and 40(2) (personal information) of FOIA. The Commissioner has investigated MoJ’s application of section 35. His decision is that the requested information engages the exemption in section 35(1)(a) of the FOIA but that the public interest favours disclosing some of that information. The Commissioner requires MoJ to disclose the information which he finds cannot be withheld in the public interest. Information Tribunal appeal EA/2015/0054 withdrawn.
FOI 35: Partly upheld FOI 40: Not upheld

[2015] UKICO FS50512828
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555119

ICO The complainant requested information relating to a specified court. The Ministry of Justice (the ‘MOJ’) failed to respond to him until the Commissioner’s intervention. In its response, the MOJ advised that it did not consider the request constituted a valid request under FOIA and instead handled it as a ‘normal course of business’ request. The Commissioner’s decision is that the MOJ has handled the request properly. He does not require it to take any steps in order to comply with the legislation. Information Tribunal appeal EA/2015/0053 dismissed.
FOI 16: Not upheld

[2015] UKICO FS50561738
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555122

EW The complainant has requested information regarding market occupancy from Canterbury City Council (the council). The council has acknowledged the request but has failed to issue a valid response under the FOIA. The Commissioner’s decision is that the council has failed to respond to the request within the statutory time for compliance in breach of section 10 of the FOIA. The Commissioner requires the public authority to issue a response compliant with the terms of the FOIA in answer to the complainant’s request of 4 October 2014.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50560972
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555059

ICO The complainant requested information from King Edward VI School (‘the School’) about interviews for teaching posts in 2006. The complainant informed the Commissioner that the School had not provided a response to her request. The Commissioner’s decision is that the School has failed to comply with sections 1(1) and 10(1) of the Act as it did not provide a response to the request within 20 working days. The Commissioner requires the public authority to issue a response to the complainant’s request of 18 July 2014 which is compliant with the provisions of the Freedom of Information 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 FS50558284
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555101

ICO The complainant has requested information relating to the transfer of land at Butchers Stile Playing Fields to Davenham Parish Council. Cheshire West and Chester Council has applied section 14(1) of the FOIA to the complainant’s request on the basis that it is vexatious. The Commissioner’s decision is that the Council has properly applied section 14(1). The Commissioner does not require the Council to take any further action in this matter. This decision notice is currently under appeal to the Tribunal.
FOI 14: Not upheld

[2015] UKICO FS50561125
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555065

ICO The complainant made requests to the Cabinet Office for information relating to the Denning Report (published in 1963 following Lord Denning’s inquiry into the Profumo Affair). The Cabinet Office refused to comply with these requests citing section 12 (Exceed Costs Limit). It upheld this position at internal review. Having considered the Cabinet Office’s submissions, the Commissioner does not agree that to ascertain whether or not the information is held would in itself exceed the appropriate limit in this case. He therefore does not uphold the Cabinet Office’s use of section 12 in this case. He also finds that the Cabinet Office contravened its obligations under section 16 (Advice and Assistance) in respect of these requests. The Commissioner requires the public authority to issue a fresh response to the complainant that does not rely on section 12 as its basis for refusing to confirm or deny whether the information is held. 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 12: Upheld FOI 16: Upheld

[2015] UKICO FS50536164
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555048

ICO The complainant requested a file catalogued at the National Archives with the reference PREM 19/1368 but which is still retained by the Cabinet Office. The Cabinet Office cited section 22 (information intended for future publication), section 37 (communications with the Royal Family), section 40 (unfair disclosure of personal data) and section 41 (information provided in confidence) as its basis for refusal. It upheld this position at internal review. It added provisions of section 37 as its basis for non-disclosure of some of the requested information during the Commissioner’s investigation. The Commissioner’s decision is that the Cabinet Office is entitled to rely on the exemptions it has cited as its basis for refusing to provide the information contained in file PREM 19/1368. No steps are required.
FOI 22: Not upheld FOI 37: Not upheld FOI 40: Not upheld FOI 41: Not upheld

[2015] UKICO FS50546458
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555051

ICO The complainant requested details about communications between the HorseWorld Trust and the public authority, the Charity Commission. The Information Commissioner’s decision is that the Charity Commission did not deal with the request in accordance with the FOIA. This is because the public authority provided its responses outside the statutory 20 working days and it has therefore breached section 10(1) of the FOIA. As the requested information has now been provided during the course of the investigation, the Commissioner does not require any steps to be taken.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50567705
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555063

ICO The complainant has requested a copy of the Gateshead Jewish Community Household Survey 2010, together with any updates or subsequent versions of that survey. The Commissioner’s decision is that Gateshead Metropolitan Borough Council is entitled to rely on the exemption to disclosure provided by section 41(1) of the FOIA. The Commissioner does not require the public authority to take any further action in this matter.
FOI 41: Not upheld

[2015] UKICO FS50558990
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555092

ICO The complainant requested a file catalogued at the National Archives with the reference PREM 19/1368 but which is still retained by the Cabinet Office. The Cabinet Office cited section 22 (information intended for future publication), section 37 (communications with the Royal Family), section 40 (unfair disclosure of personal data) and section 41 (information provided in confidence) as its basis for refusal. It upheld this position at internal review. It added provisions of section 37 as its basis for non-disclosure of some of the requested information during the Commissioner’s investigation. The Commissioner’s decision is that the Cabinet Office is entitled to rely on the exemptions it has cited as its basis for refusing to provide the information contained in file PREM 19/1368. No steps are required.
FOI 22: Not upheld FOI 37: Not upheld FOI 40: Not upheld FOI 41: Not upheld

[2015] UKICO FS50548207
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555052

The complainant has requested information relating to statutory notices issued under the Highways Act 1980. The Commissioner’s decision is that Kent County Council has correctly applied the exception for manifestly unreasonable requests at Regulation 12(4)(b) of the EIR. The Commissioner has also found that Kent County Council has breached Regulation 9(1) by not providing appropriate advice and assistance. The Commissioner requires the public authority to provide the complainant with appropriate advice and assistance with regard to the requested information that can be provided, to enable her to make an appropriate refined request if necessary.
EIR 9: Upheld EIR 12(4)(b): Not upheld

[2015] UKICO FER0558525
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555100

ICO The complainant requested a file on the subject of Anthony Blunt that, according to the website of The National Archives, was still retained by the Cabinet Office. The Cabinet Office cited section 22 (information intended for future publication) as its basis for refusing to provide most of the information in the file. It withheld the remainder on the basis of section 40 (unfair disclosure of personal data) and section 41 (information provided in confidence). The Commissioner’s decision is that the Cabinet Office is entitled to rely on the exemptions it has cited as its basis for refusing to provide the file. No steps are required.
FOI 22: Not upheld FOI 40: Not upheld FOI 41: Not upheld

[2015] UKICO FS50543674
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555050

ICO (Local Government (City Council)) The complainant has requested all formal and informal comments made by a senior conservation officer at the council on planning applications made since 1 January 2012. The council claimed that the majority of information was available from its website and therefore applied Regulation 6(1)(b) (form and format of the information). However when it became clear to the council that the complainant’s request also encompassed informal comments made on applications by the officer it also applied the exceptions in Regulation 12(4)(b) (manifestly unreasonable) and 12(4)(e) (internal communications). The Commissioner’s decision is that the council was correct to apply Regulation 12(4)(b) to the information. He has not therefore considered the application of the other exceptions further. The Commissioner does not require the council to take any further steps.
EIR 12(4)(b): Not upheld

[2015] UKICO FER0560257
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555102

The complainant has requested correspondence and other information connected with the drafting of legislation whereby the Duchy of Cornwall is not criminally liable under the provisions of the Wildlife and Countryside Act 1981. The Cabinet Office refused to provide this citing section 35 (government policy exemption) and section 42 (legal professional privilege exemption) as its basis for doing so. It upheld this position at internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 42 as its basis for withholding the requested information. No steps are required. Information Tribunal appeal EA/2015/0034 dismissed.
FOI 35: Not upheld FOI 42: Not upheld

[2015] UKICO FS50550467
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555054

ICO The complainant has requested from the Coleshill School (the ‘School’) a copy of the Joint User Agreement between North Warwickshire Borough Council (‘NWBC’) and the School. The Commissioner’s decision is that the School has breached section 10(1) of the FOIA in that it failed to disclose the requested information within 20 working days of receipt of the request. The Commissioner does not require the School to take any steps.
FOI 10: Upheld

[2015] UKICO FS50551090
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555068

ICO The complainant has requested information about COBR(A) meetings held in relation to flooding on the Somerset Levels in early 2014. The Cabinet Office refused to provide this information citing section 35 as its basis for doing so. It upheld this position at internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 35(1)(a) and (b) in relation to the non-environmental information within the scope of the request. It is also entitled to rely on regulation 12(4)(e) of the EIR as a basis for withholding the environmental information within the scope of the request. No steps are required.
EIR 12(4)(e): Not upheld FOI 35: Not upheld

[2015] UKICO FS50539393
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555049

ICO The complainant has requested copies of Cambridgeshire County Council’s Network Board Meeting minutes for 2014. The minutes relate to a Private Finance Initiative contract for street lighting in the county. The Commissioner has determined that the minutes are confidential in nature and that they contain commercially sensitive information. He has therefore decided that that the Council has correctly applied Regulation 12(5)(e) and it is therefore entitled to withhold the information sought by the complainant. The Commissioner requires no further action to be taken by the Council in this matter. This decision notice is currently under appeal to the Tribunal.
EIR 12(5)(e): Not upheld

[2015] UKICO FER0557858
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555057

ICO The complainant has requested polling information collected in advance of the referendum on independence for Scotland in September 2014. The Cabinet Office refused to provide this information citing section 35(1)(a) as its basis for doing so (formulation/development of government policy). It upheld this position at internal review. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 35(1)(a) as a basis for withholding the requested information. No steps are required.
FOI 35: Not upheld

[2015] UKICO FS50549082
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555053

ICO The complainant requested how many BBC staff had been sent to France to cover the shootings. 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 FS50569655
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555044

[2015] UKICO FS50531172
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555117

ICO The complainant requested the audience composition of an election debate. The BBC confirmed that this information was not held and even if it were held, such information would be excluded from FOIA because it would be held for the purposes of ‘journalism, art or literature’. The complainant considered that the information must be held by the BBC. The Commissioner’s decision is that the BBC does not hold the information and if held it would be derogated and therefore excluded from FOIA. The Commissioner does not require the BBC to take any steps.
FOI 1: Not upheld

[2015] UKICO FS50564279
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555042

ICO The complainant requested how many BBC staff had been sent to France to cover the shootings. 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 FS50568130
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555043

ICO The complainant requested a copy of the Action Plan for Al-Hijrah School (‘the School’). The Commissioner’s decision is that the School has breached section 1(1) and 10(1) of FOIA as it has not responded to the complainant’s request within 20 working days. The Commissioner requires the public authority issue a response in answer to the complainant’s request of 17 November 2014 which is compliant with the provisions of the Freedom of Information 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 FS50550371
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555040

ICO The complainant made a freedom of information request to the BBC for details on the salaries of a number of BBC employees and details of how they were recruited. The BBC initially refused the request under the section 40(2) (personal information) exemption. During the course of the investigation the BBC changed its position and disclosed some of the requested information but claimed that the remaining information was covered by the derogation and therefore 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 FS50554121
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.555041

ICO Central government
The complainant requested information relating to claims. The Ministry of Justice (the ‘MOJ’) provided some information, but refused the remainder on the basis of sections 40(2) and 40(5)(b)(i) (personal information) and section 12(2) (cost of compliance). The Commissioner’s decision is that the MOJ has properly relied on these exemptions to withhold the remaining requested information, although he also finds that 40(5)(a) applies. He does not require the MOJ to take any remedial steps to ensure compliance with the legislation. This decision notice is currently under appeal to the Tribunal.
FOI 12: Partly upheld FOI 40: Partly upheld

[2015] UKICO FS50552499
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.554713

ICO Central government
The complainant requested information, including requests made on 12 May 2014 and 21 May 2014, about restrictions on reading materials in prisons. The Ministry of Justice (MoJ) aggregated the requests and advised that to comply with them would exceed the appropriate limit. The Commissioner’s decision is that MoJ was correct to aggregate the requests and that it was entitled to rely on section 12(1) (cost of compliance exceeds appropriate limit). He requires no steps to be taken.
FOI 12: Not upheld

[2015] UKICO FS50560729
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.554715

ICO The complainant has requested information relating to the number of Irish citizens who have been considered suitable for Immigration Removal from the UK back to the Republic of Ireland under TERS (Tariff Expired Removal Scheme). The Home Office (HO) failed to respond to this request for information and the Commissioner’s decision is that in doing so the HO breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires the HO to respond to the request to ensure compliance with the legislation.
FOI 1: Upheld FOI 10: Upheld

[2015] UKICO FS50559690
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.554703

ICO Central government
The complainant requested information about HMP Northumberland, including monthly data relating to violent incidents since October 2011. The Ministry of Justice (MoJ) confirmed it held the requested information. It provided some relevant information but refused to disclose the remainder citing section 22 of FOIA (information intended for future publication). The Commissioner has investigated MoJ’s application of section 22 to the information it withheld relating to violent incidents. His decision is that MoJ incorrectly applied section 22 to that information. The Commissioner requires the MoJ to disclose the information relating to violent incidents in 2014 withheld under section 22 of the FOIA. Information Tribunal appeal EA/2015/0040 withdrawn.
FOI 22: Upheld

[2015] UKICO FS50561711
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.554716

ICO Central government
The complainant submitted a request for information relating to the provision of a specified book in prisons 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 Information 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. He requires the public authority to respond to the request in accordance with the obligations under the FOIA.
FOI 10: Upheld

[2015] UKICO FS50563804
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.554717

(Central Government ) The complainant has requested two unpublished datasets mentioned on the data.gov.uk website. The Cabinet Office explained that it did not hold the first dataset in the format requested and refused to provide the second dataset citing section 43 (prejudice to commercial interests) as its basis for doing so. At internal review, it upheld its position with regard to the second one and introduced reliance on section 35 (formulation/development of government policy) in relation to the first dataset which it explained it now held in the format requested. The Commissioner’s decision is that the Cabinet Office is entitled to withhold the two datasets based on the exemptions it has cited. No steps are required.
FOI 35: Not upheld FOI 43: Not upheld

[2015] UKICO FS50541349
Bailii
England and Wales

Information

Updated: 06 January 2022; Ref: scu.554695

[2015] UKICO 2015-22
Bailii
England and Wales

Information

Updated: 05 January 2022; Ref: scu.553754

Dismissed

[2015] UKFTT 2015 – 0065 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 04 January 2022; Ref: scu.552483

Part Allowed

[2015] UKFTT 2014 – 0313 (GRC)
Bailii
Environmental Information Regulations 2004
England and Wales

Information

Updated: 04 January 2022; Ref: scu.552473

[2015] UKFTT 2015 – 0006 (GRC)
Bailii
Environmental Information Regulations 2004
England and Wales

Information

Updated: 04 January 2022; Ref: scu.552469

Dismissed

[2017] UKFTT 2017 – 0062 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 04 January 2022; Ref: scu.601376

Information Rights : Freedom of Information – Absolute Exemptions

[2015] UKUT 377 (AAC)
Bailii
England and Wales

Information

Updated: 03 January 2022; Ref: scu.550677

The complainant has requested information relating to a Planning Contravention Notice. Cornwall Council initially withheld the information under the exception for personal data, regulation 13 of the EIR but during the Commissioner’s investigation it revised its position to withhold the information under the exception for the course of justice – regulation 12(5)(b). The Commissioner’s decision is that Cornwall Council has correctly applied regulation 12(5)(b) to withhold the information. The Commissioner does not require the public authority to take any steps.
EIR 12(5)(b): Not upheld

[2017] UKICO FER0646553
Bailii
England and Wales

Information

Updated: 02 January 2022; Ref: scu.579749

The complainant has requested specific social care records relating to a deceased person. Cornwall Council withheld the requested information under section 41(1) of the Freedom of Information Act. The Commissioner’s decision is that the Council has correctly withheld the requested information under section 41(1). The Commissioner does not require the public authority to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 41: Not upheld

[2017] UKICO FS50668967
Bailii
England and Wales

Information

Updated: 02 January 2022; Ref: scu.593929

The complainant has requested a copy of the Integrated Waste Management Contract for Cornwall Energy Recovery Centre at St Dennis, Cornwall. Cornwall Council disclosed information during the course of the Commissioner’s investigation and withheld other information under the exception for adverse affect to commercial confidentiality – regulation 12(5)(e) of the EIR. The Commissioner’s decision is that Cornwall Council has correctly applied Regulation 12(5)(e) to some of the requested information and the public interest favours maintaining the exception in this case. She has, however decided that the council was not correct to apply Regulation 12(5)(e) in relation to other elements of the withheld information. The council also failed to issue a refusal notice within the statutory time limit and breached regulation 14(2). The Commissioner requires the public authority to disclose the information identified in the confidential annex to this decision notice.
EIR 12(5)(e): Partly upheld EIR 14(2): Upheld

[2017] UKICO FER0658893
Bailii
England and Wales

Information

Updated: 02 January 2022; Ref: scu.593832

The complainant has requested statistics about adoption support provided by Cornwall Council. The Council refused to comply with the request under section 12(1) of the Freedom of Information Act. The complainant subsequently contested the Council’s refusal. The Commissioner’s decision is that the Council has correctly applied section 12(1), and has complied with the requirement of section 16(1) to provide advice and assistance. The Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2017/0153 struck out.
FOI 12: Not upheld FOI 16: Not upheld

[2017] UKICO FS50648564
Bailii
England and Wales

Information

Updated: 02 January 2022; Ref: scu.593833

The complainant has requested information relating to Lender Option Borrowing Option loans. Cornwall Council disclosed some information and withheld other information under the exemptions for prejudice to commercial interests (section 43(2)) and information provided in confidence (section 41). The Commissioner’s decision is that Cornwall Council correctly engaged the exemption under section 43(2) but that the public interest favours disclosing the withheld information and failed to demonstrate that the exemption under section 41 is engaged. The Commissioner requires the public authority to disclose the agreements specified in part 7 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.
FOI 41: Upheld FOI 43: Upheld

[2015] UKICO FS50592253
Bailii
England and Wales

Information

Updated: 02 January 2022; Ref: scu.556686

[2014] ScotCS CSIH – 111
Bailii
Scotland

Information

Updated: 02 January 2022; Ref: scu.550117

[2015] ScotCS CSIH – 47
Bailii
Scotland

Information

Updated: 02 January 2022; Ref: scu.550100

Part Allowed

[2015] UKFTT 2014 – 0295 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550062

Dismissed

[2015] UKFTT 2014 – 0239 (GRC)
Bailii
Environmental Information Regulations 2004
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550063

[2015] UKFTT 2015 – 0127 (GRC)
Bailii
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550045

[2015] UKFTT 2014 – 0297 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550051

Dismissed

[2015] UKFTT 2015 – 0033 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550050

Part Allowed

[2015] UKFTT 2015 – 0029 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550054

Part Allowed

[2015] UKFTT 2014 – 0220 (GRC)
Bailii
Environmental Information Regulations 2004
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550056

Dismissed

[2015] UKFTT 2014 – 0290 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550061

[2015] UKFTT 2014 – 0300 (GRC)
Bailii
Environmental Information Regulations 2004

Information

Updated: 02 January 2022; Ref: scu.550057

One item of information held and to be provided.

[2015] UKFTT 2015 – 068 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550060

[2015] UKFTT 2015 – 0004 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550048

Allowed In Part

[2015] UKFTT 2014 – 0280 (GRC)
Bailii
Environmental Information Regulations 2004
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550049

Part Allowed

[2015] UKFTT 2015 – 0009 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550058

Dismissed

[2015] UKFTT 2015 – 0053 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 02 January 2022; Ref: scu.550055

[2015] ScotIC 060 – 2015
Bailii
Scotland

Information

Updated: 01 January 2022; Ref: scu.548212

[2015] ScotIC 064 – 2015
Bailii
Scotland

Information

Updated: 01 January 2022; Ref: scu.548211

[2015] ScotIC 065 – 2015
Bailii
Scotland

Information

Updated: 01 January 2022; Ref: scu.548208

The complainant has requested a copy of the Cumbria County Council report into Allerdale and the 2012 allegations of corruption and related information. The Commissioner’s decision is that Allerdale Borough Council has correctly applied the exemption at section 40(2) of the FOIA. She does not require the public authority to take any steps to ensure compliance with the legislation.
FOI 40: Not upheld

[2016] UKICO FS50632853
Bailii
England and Wales

Information

Updated: 31 December 2021; Ref: scu.572929

Dismissed Freedom of Information Act 2000

[2015] UKFTT 2015 – 0041 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548082

Dismissed

[2015] UKFTT 2014 – 0302 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548070

[2015] UKFTT 2014 – 0131 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548077

[2015] UKFTT 2014 – 0285 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548071

Dismissed

[2015] UKFTT 2014 – 0203 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548065

Dismissed Environmental Information Regulations 2004

[2015] UKFTT 2014 – 0278 (GRC)
Bailii
Environmental Information Regulations 2004
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548080

(Dismissed The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009)

[2015] UKFTT 2014 – 0173 (GRC)
Bailii
The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548053

[2015] UKFTT 2014 – 0176 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548075

[2015] UKFTT 2014 – 0260 (GRC)
Bailii
The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548057

Dismissed

[2015] UKFTT 2014 – 0293 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548078

[2015] UKFTT 2014 – 0213 (GRC)
Bailii
Privacy and Electronic Communications Regulations 2003
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548062

[2015] UKFTT 2014 – 0272 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548061

[2015] UKFTT 2014 – 0168 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548076

Dismissed

[2015] UKFTT 2014 – 0279 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548072

Dismissed

[2015] UKFTT 2012 – 0253 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548058

[2015] UKFTT 2014 – 0240 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548073

Dismissed

[2015] UKFTT 2014 – 0072 (GRC)
Bailii
Environmental Information Regulations 2004
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548068

Dismissed

[2015] UKFTT 2014 – 0259 (GRC)
Bailii
Freedom of Information Act 2000

Information

Updated: 30 December 2021; Ref: scu.548074

Dismissed

[2015] UKFTT 2015 – 0064 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548079

Dismissed

[2015] UKFTT 2015 – 0031 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548049

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

[2015] UKFTT 2015 – 0008 (GRC)
Bailii
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548044

[2015] UKFTT 2014 – 0273 (GRC)
Bailii
Environmental Information Regulations 2004
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548046

Dismissed

[2015] UKFTT 2014 – 0235 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 30 December 2021; Ref: scu.548043

The Council’s building standards team: failure to respond within statutory timescales : For applicant

[2017] ScotIC 188 – 2017
Bailii
Scotland

Information

Updated: 30 December 2021; Ref: scu.616222

On 17 April 2014, Mr Mackay asked Scottish Borders Council (the Council) for information relating to searches carried out in relation to previous requests to the Council and decisions by the Commissioner.
The Council told Mr Mackay that it did not hold the requested information. During the investigation, the Council notified the Commissioner that it did hold information falling within the scope the request and redacted information was provided to Mr Mackay. As a result, the Commissioner finds that the Council was incorrect to inform Mr Mackay earlier that it did not hold information falling within the scope of the request.
The Commissioner also recorded her disappointment at the Council’s handling of the request.

[2015] ScotIC 046 – 2015
Bailii
Scotland

Information

Updated: 29 December 2021; Ref: scu.545637

[2015] ScotIC 036 – 2015
Bailii
Scotland

Information

Updated: 29 December 2021; Ref: scu.545624

[2015] ScotIC 045 – 2015
Bailii
Scotland

Information

Updated: 29 December 2021; Ref: scu.545625

[2015] ScotIC 044 – 2015
Bailii
Scotland

Information

Updated: 29 December 2021; Ref: scu.545635