Tag: Information

Hounslow Homes Limited (Decision Notice): ICO 15 Aug 2011

The complainant requested data from two closed circuit television cameras for a specified time period. The public authority originally stated that the information was exempt under section 40 of the Freedom of Information Act 2000 but later stated that it did not hold the requested information at the time of the request. The Commissioner has investigated and found that on the balance of probabilities the information was not held at the time of the request. The Commissioner found procedural breaches in the way the request was handled but there are no practical steps he can order.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld, FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld

[2011] UKICO FS50377897
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530754

Department for Work and Pensions (Decision Notice) FS50348970: ICO 23 Aug 2011

ICO The complainant made seven requests for information to the Department of Work and Pensions concerning its alleged failure to pay disability benefits to UK citizens living elsewhere in the European Economic Area and about other related matters. The DWP attempted to answer some of those requests and applied various exemptions to others. It then aggregated the requests and applied section 12(1) to them all together.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld, FOI 16 – Complaint Not upheld, FOI 17 – Complaint Upheld

[2011] UKICO FS50348970
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530722

Homes and Communities Agency (Decision Notice): ICO 1 Aug 2011

The complainant made two freedom of information requests to the Homes and Communities Agency for details of payments made to Pinsent Masons solicitors in relation to certain appeals heard before the Land Tribunal. The public authority disclosed the total sums paid but withheld the more detailed information under the exemptions in section 42 (Legal professional privilege), section 43(1) (Trade secrets) and section 43(2) (Commercial interests). During the course of the Commissioner’s investigation the public authority disclosed further information but some information continued to be withheld. The Commissioner has investigated the complaint and has found that this remaining undisclosed information is exempt under section 43(2) and that the public interest in maintaining the exemption outweighs the public interest in disclosure. The Commissioner requires no steps to be taken.
Section of Act/EIR and Finding: FOI 43 – Complaint Not upheld

[2011] UKICO FS50359993
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530753

Foreign and Commonwealth Office (Decision Notice): ICO 21 Jul 2011

The complainant requested copies of correspondence, minutes and memos between Jack Straw and Tony Blair relating to contingency plans for the war in Iraq. The public authority refused to provide this information citing exemptions at section 27 (International relations) and section 35 (Formulation/development of government policy) as its basis for doing so. It argued that the public interest in maintaining these exemptions outweighed the public interest in disclosure. At internal review, it upheld this position. The Commissioner has decided that the public authority was entitled to rely on section 35(1)(b) in relation to all of the withheld information at the time of the request. However, it failed to provide a response within the statutory period in breach of section 1(1)(a) and section 10(1). No steps are required.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 35 – Complaint Not upheld

[2011] UKICO FS50327425
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530651

Gateshead Council (Decision Notice): ICO 18 Jul 2011

ICO The complainant submitted a request to Gateshead Council for information from environmental records held on a property in Gateshead. The Council stated that it would make some of this information available free of charge, but would charge a fee to allow inspection of other parts of the information. Later in the investigation, the Council informed the Commissioner that it relied on regulation 6(1)(a), although it would allow inspection if a fee was paid. The Commissioner finds that the Council has breached regulation 8(2)(b). He requires the Council to make the requested information available for the complainant to inspect free of charge. The public authority must take the steps required by this notice within 35 calendar days of the date of this notice.
Section of Act/EIR and Finding: EIR 8 – Complaint Upheld

[2011] UKICO FER0365765
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530654

Cambridgeshire County Council (Decision Notice): ICO 18 Jul 2011

ICO The complainant submitted a request to Cambridgeshire County Council for information about land in Cambridgeshire. The council initially stated that the information would be made available, but a fee would be charged for some of this information. During the investigation, the council made all of the requested information available free of charge. However, the complainant disputed that the council had disclosed all of the information that it held. The Commissioner has investigated and concluded that the council disclosed all of the information that it holds within the scope of the requests, and consequently complied with regulation 5(1). However, the Commissioner found that the council breached regulation 5(2) by failing to make some of the requested information available within the statutory time for compliance. The Commissioner does not require the council to take any further action.
Section of Act/EIR and Finding: EIR 5 – Complaint Not upheld, EIR 5 – Complaint Upheld

[2011] UKICO FS50317249
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530645

Merton London Borough Council (Decision Notice): ICO 27 Jun 2011

The complainant submitted a request to the London Borough of Merton (the council) for information about the council’s pavement renewal and maintenance scheme. The council provided some information to the complainant. The complainant disputed that the council had fully responded to his request. The Commissioner has investigated and found that the council does not hold any further information within the scope of the complainant’s request. The Commissioner does not require the council to take any further action.
Section of Act/EIR and Finding: EIR 5 – Complaint Not upheld

[2011] UKICO FER0296764
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530578

Ministry of Justice (Decision Notice) FS50347926: ICO 21 Jun 2011

ICO The complainant requested details of the complete contract held between the Ministry of Justice and Registry Trust Ltd for maintaining the Register of Judgments, Orders and Fines, together with information on associated charges, costs and the surplus paid into the Consolidated Fund. The public authority originally provided a copy of the contract but with some information redacted by reference to section 43(2) (commercial interests) of the Freedom of Information Act 2000. During the course of the Commissioner’s investigation the public authority disclosed an unredacted version of the contract, thereby disclosing all of the requested information which it held. As the information has now been provided the Commissioner has not considered whether or not the exemptions cited were properly engaged. He has decided that the public authority’s handling of the request resulted in one or more procedural breaches of the Act, as explained in this Notice.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld

[2011] UKICO FS50347926
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530585

House of Commons (Decision Notice): ICO 26 May 2011

ICO The complainant submitted a request to the House of Commons (the House) seeking details of how much had been paid out in compensation for accidents in each of the past three available years and for each payment a brief description of the accident; the date and level of compensation paid; the gender of the claimant and whether the claimant was a parliamentarian, staff member or member of the public. The House provided the complainant with the total amount paid in compensation for each of the years 2007 to 2009; confirmed the total number of incidents which gave rise to payments during this period was 10; described the nature of the incidents; the claimants’ gender and how many of the claimants were parliamentarians, staff or members of the public. The House refused to disclose the further more detailed information on the basis that it constituted the claimants’ sensitive personal data and disclosure would breach section 40(2) of the Act. The complainant argued that further details could be disclosed without the identities of the claimants being revealed. The Commissioner has concluded that the House was entitled to rely on section 40(2) to withhold the remaining information.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld

[2011] UKICO FS50366963
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530461

Ministry of Justice (Decision Notice) FS50366723: ICO 17 May 2011

ICO On behalf of his mother the complainant requested information under the Freedom of Information Act 2000 (the ‘Act’) from the Tribunals Service of the Ministry of Justice. The Commissioner has investigated and finds that, while a response was provided by a branch of the Tribunals Service which explained that the information could not be provided until the associated appeal process had been concluded, no formal response was provided under the Act. Accordingly, no refusal notice was issued and the complainant was not offered the opportunity to request an internal review of the decision made. The public authority was in breach of its procedural obligations under the Act as a consequence. The request should be dealt with under the provisions of the Act, and the Commissioner requires the Ministry of Justice to respond to the complainant confirming or denying whether information is held. If information is held the Ministry of Justice should either disclose the information to the complainant or issue a valid refusal notice under section 17 of the Act.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2011] UKICO FS50366723
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530469

Standards for England (Decision Notice): ICO 31 May 2011

ICO The complainant requested a copy of a report into a complaint about a councillor. Standards for England disclosed a copy of the report with elements redacted under the provisions of section 44 of the Act, that disclosure of the redacted information was exempt under another enactment, specifically, section 63 of the Local Government Act 2000. The Commissioner finds that the redacted information was correctly refused under section 44 of the Act and requires no action to be taken.
Section of Act/EIR and Finding: FOI 44 – Complaint Not upheld

[2011] UKICO FS50353325
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530484

Office of The First Minister and Deputy First Minister (Decision Notice): ICO 12 May 2011

The complainant requested information relating to payment of monies by the public authority to lesbian, gay and bisexual groups since restoration of devolution. The public authority refused to disclose some of the information citing section 12 and section 16 of the Act, and agreed to disclose the remaining information but failed to do so. The Commissioner notes a number of procedural breaches and also requires the public authority to disclose the information and provide a response in accordance with the Act.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld

[2011] UKICO FS50374300
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530476

Hartlepool Borough Council (Decision Notice): ICO 16 May 2011

ICO The complainant requested information relating to the independent valuation of a number of properties. The valuations had been obtained because the Council wished to purchase the properties as part of a redevelopment scheme. The Council refused to provide the information, citing the exclusions under section 12(1), 14(1) and 14(2). It also sought to rely on the exemption under section 41(1) of the Freedom of Information Act 2000 (‘the FOIA’) The Information Commissioner (‘the Commissioner’) decided that the information request should have been handled under the Environmental Information Regulations 2004 (‘the EIR’). He also considered that the information sought represented the personal data of the property owners and that it was exempt from disclosure under regulation 13(1) of the EIR. He found that the Council breached regulation 14(1), 14(2) and 11(2) of the EIR but he requires no steps to be taken.
Section of Act/EIR and Finding: EIR 11 – Complaint Upheld, EIR 13 – Complaint Not upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld

[2011] UKICO FS50346935
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530457

Brent Council (Decision Notice): ICO 10 May 2011

The complainant requested statistical information relating to the council’s response to FOI requests. He requested this information through the WDTK website and asked the council to respond directly to that site. The council initially refused to respond directly to the site and asked the complainant for an alternative address. The complainant eventually agreed to do this. The council then issued a refusal notice under section 12 of the Act (appropriate limit). However, although it refused the request on that basis, the council did provide the complainant with much of the information which it held. The Commissioner’s decision is that the Council was correct to apply section 12 to the information.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld

[2011] UKICO FS50350084
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530442

Bolton Council (Decision Notice): ICO 10 May 2011

On 17 September 2010 the complainant requested information from Bolton Council (the Council) relating to parking appeals and a named member of staff. The Council provided a response on 20 October 2010, 23 days after the request was submitted. The Commissioner finds that Bolton Council failed to provide an appropriate response to the complainant within the statutory time frame for compliance and has breached section 10(1) of the Act in failing to comply with section 1(1) within twenty working days. He does not require any further action to be taken.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2011] UKICO FS50355038
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530441

Gateshead Council (Decision Notice): ICO 7 Apr 2011

ICO The complainant requested legal advice received by the public authority concerning the possible diversion of a footpath. The public authority refused this request, citing the exemption provided by section 42(1) (legal professional privilege) of the Freedom of Information Act 2000. The Commissioner finds that the information requested is environmental and so the request should have been handled under the Environmental Information Regulations 2004 (EIR). The public authority is now required to reconsider the request under the EIR and either disclose the information requested, or issue a refusal notice compliant with the EIR.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld

[2011] UKICO FER0360566
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530415

Department of Health (Decision Notice): ICO 26 Apr 2011

ICO The complainant made a request to the Department of Health for information it held in relation to the plain packaging of tobacco products. The public authority refused the request under section 35(1)(a) (Formulation and development of government policy). Some information was subsequently disclosed at the internal review stage and some other information was disclosed during the course of the Commissioner’s investigation. However, a small amount of information continued to be withheld. The Commissioner has considered the complaint and has found that in respect of the remaining undisclosed information, the section 35(1)(a) exemption is engaged but that the public interest in maintaining the exemption does not outweigh the public interest in disclosure. The public authority also cited the section 40 (personal information) and section 42 (legal professional privilege) exemptions during the course of the investigation but the Commissioner has decided that these exemptions are not engaged. The Commissioner also found that in its handling of the request the public authority breached section 1(1)(b), section 10(1) and section 17(1) and now requires the public authority to disclose the withheld information within 35 calendar days of the date of this notice.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 35 – Complaint Upheld, FOI 40 – Complaint Upheld, FOI 42 – Complaint Upheld

[2011] UKICO FS50312407
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530412

Serious Fraud Office (Decision Notice) FS50297498: ICO 3 Mar 2011

ICO The complainant requested all written information the Serious Fraud Office (SFO) held about the collapse of Equitable Life which is not already in the public domain. The SFO refused the request, ultimately relying on the exemptions in sections 30 (investigations and proceedings), 40 (personal information and 42 (legal professional privilege). The Commissioner finds that some information was incorrectly withheld under section 30 and requires its disclosure. He also finds the public authority in breach of sections 1(1)(a) and (b), 10(1), 17(1)(c) and 17(3). Information Tribunal appeal number EA/2011/0084 dismissed.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 30 – Complaint Partly Upheld, FOI 42 – Complaint Not upheld

[2011] UKICO FS50297498
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530387

Crossley (Monetary Penalty Notice): ICO 10 May 2011

A monetary penalty of andpound;1,000 was issued to Andrew Jonathan Crossley, formerly trading as solicitors firm ACS Law, for failing to keep sensitive personal information relating to around 6,000 people secure.

[2011] UKICO 2011-4
Bailii
England and Wales

Information, Legal Professions

Updated: 11 December 2021; Ref: scu.530434

Royal Mail (Decision Notice): ICO 30 Mar 2011

ICO The complainant made a request to Royal Mail Group PLC under the Freedom of Information Act 2000 for a list of all current agreements held to deliver unaddressed mail in a certain postcode area. Royal Mail confirmed that it held the requested information but stated that it believed it was exempt from disclosure by virtue of section 43(1) and section 43(2) of the Act. The Commissioner has concluded that section 43(1) is engaged and that the public interest is in favour of maintaining the exemption. The Commissioner finds that the exemption was correctly applied and he requires no steps to be taken.
Section of Act/EIR and Finding: FOI 43 – Complaint Not upheld

[2011] UKICO FS50313967
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530385

Metropolitan Police Service (Decision Notice): ICO 14 Mar 2011

ICO The complainant requested Special Branch related information about the poet Adrian Mitchell. The public authority refused to confirm or deny whether it held information falling within the scope of the request, citing the exemptions from the duty to confirm or deny provided by sections 23(5) (information relating to, or supplied by, security bodies), 24(2) (national security) and 31(3) (law enforcement) of the Act. The Commissioner finds that the exemption provided by section 23(5) was applied correctly and so the public authority is not required to confirm or deny whether it holds the information requested.
Section of Act/EIR and Finding: FOI 23 – Complaint Not upheld

[2011] UKICO FS50258193
Bailii
England and Wales

Information

Updated: 11 December 2021; Ref: scu.530357