Tag: Information

Department of Health (Decision Notice) FS50452015: ICO 30 Oct 2012

ICO The complainant has requested a copy of the review carried out by the Doctors’ and Dentists’ Remuneration Body (DDRB) of the clinical excellence awards for consultants. The Department of Health (DoH) confirmed that the information was held but claimed that it was exempt from disclosure under sections 22 (future publication), 28 (relations within the United Kingdom) and 35 (formulation of government policy). The Commissioner’s decision is that the DoH was entitled to rely on section 22 as grounds for refusing the request. He does not therefore require the DoH to take any steps as a result of this notice.
Section of Act/EIR and Finding: FOI 22 – Complaint Not upheld

[2012] UKICO FS50452015
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529903

Home Office (Decision Notice) FS50460870: ICO 29 Oct 2012

The complainant requested information about 185 foreign prisoners as referred to by the Home Secretary at the time of his request. The Home Office did not respond to the request until 74 working days after receiving it. The complainant requested that a decision notice be issued by the Information Commissioner recording the delay. The Information Commissioner’s decision is that the Home Office has breached section 10(1) of FOIA by issuing its response late but, as a substantive response has been provided to the complainant, he does not require any remedial steps to be taken.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2012] UKICO FS50460870
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529924

Department of Health (Decision Notice) FS50440895: ICO 30 Oct 2012

ICO The complainant requested information concerning the relationship between the Department of Health (DOH) and Steria in relation to NHS Shared Business Services (NHS SBS). The Commissioner’s decision is that section 43(1) of the FOIA is not engaged in relation to any of the withheld information. The Commissioner considers that section 43(2) of the FOIA is engaged in relation to some of the withheld information as outlined in the confidential annex. He considers that the public interest in maintaining the exemption outweighs the public interest in disclosing this information. He does not consider that section 43(2) of the FOIA is engaged in relation to the remaining information withheld under section 43(2) of the FOIA. The Commissioner requires the public authority to disclose the information contained within the shareholders’ agreement, excluding the information identified in the confidential annex, which the Commissioner considers is exempt from disclosure under section 43(2) of the FOIA.
Section of Act/EIR and Finding: FOI 43 – Complaint Partly Upheld

[2012] UKICO FS50440895
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529902

Ministry of Justice (Decision Notice) FS50448576: ICO 26 Sep 2012

The complainant requested information concerning the cost to the Ministry of Justice (MoJ) of the Interpretation Project. The MoJ refused this request on cost grounds under section 12(1) of the FOIA. The Commissioner’s decision is that the cost of complying with the request would exceed the cost limit and so the MoJ applied section 12(1) correctly. The MoJ is not, therefore, required to comply with the complainant’s request. However, the Commissioner also finds that the MoJ breached the requirement of section 16(1) of the FOIA in that it did not provide to the complainant advice as to how his request could be refined in order to bring it within the cost limit. The Commissioner requires the public authority to contact the complainant in writing and provide advice as to how to refine her request in order that it may be possible to comply with it without exceeding the cost limit.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld, FOI 16 – Complaint Upheld

[2012] UKICO FS50448576
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529847

House of Commons (Decision Notice): ICO 17 Sep 2012

ICO The complainant requested information from the House of Commons (the House) relating to the coat of arms of Mr John Bercow, the Speaker of the House. The House withheld the requested information on the basis of the following two exemptions: section 37(1)(b) (conferring of an honour or dignity) and 40(2) (personal data). The Commissioner has concluded that all of the requested information is exempt from disclosure on the basis of section 37(1)(b). However, the Commissioner has concluded that the House breached section 17(3) of the Freedom of Information Act by failing to inform the complainant of its decision to rely on these exemptions within a reasonable time period.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 37 – Complaint Not upheld

[2012] UKICO FS50441355
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529834

Cabinet Office (Decision Notice): ICO 18 Sep 2012

ICO The complainant requested a copy of a ‘closed’ file which is held at The National Archives on behalf of the public authority. This was withheld under sections 37(1)(a), 40(2) and 41(1) of the FOIA. The Information Commissioner’s decision is that the public authority was correct to withhold the information under section 37(1)(a) and he requires no steps to be taken.
Section of Act/EIR and Finding: FOI 37 – Complaint Not upheld

[2012] UKICO FS50445018
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529801

Bristol NHS Primary Care Trust (Decision Notice): ICO 18 Sep 2012

ICO The complainant has requested from Bristol NHS Primary Care Trust (NHS Bristol) a copy of a presentation related to the provision of pathology services in the Bristol area and data used to compile the presentation. NHS Bristol refused to provide the information under section 22 (intended for future publication). The Commissioner’s decision is that NHS Bristol has incorrectly applied section 22 to the withheld information. The Commissioner requires the public authority to disclose to the complainant the information that it has withheld under section 22.
Section of Act/EIR and Finding: FOI 22 – Complaint Upheld

[2012] UKICO FS50449653
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529795

Ministry of Justice (Decision Notice) FS50442838: ICO 15 Aug 2012

ICO The complainant has requested information about alleged complaints made by a named party, or confirmation that complaint/s had been received. The public authority neither confirmed nor denied holding any information by virtue of section 40(5). The Information Commissioner’s decision is that the exemption is engaged. The public authority is not required to take any steps.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld

[2012] UKICO FS50442838
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529753

Ministry of Justice (Decision Notice) FS50432386: ICO 29 Aug 2012

ICO The complainant requested information about the number of prisoners being held by HM Prison Service, on a specified date, who have been sentenced to life imprisonment or an Indeterminate Sentence for Public Protection (IPP) and who have served their ‘tariff’. The Ministry of Justice (MoJ) ultimately responded stating that it does not hold the requested information. The Commissioner does not accept that the information is not held. The Commissioner requires the public authority to either comply with section 1(1) of the FOIA (by confirming that the requested information is held and disclosing it) or issuing a refusal notice compliant with section 17. For the sake of completeness, the Commissioner notes that the complainant has specified that figures be broken down into those serving life sentences and those with an IPP. For each of these categories separate figures should be provided for those who have been released by the Parole Board and then been recalled and those who have never been released.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld

[2012] UKICO FS50432386
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529751

Ministry of Justice (Decision Notice) FS50437404: ICO 22 Aug 2012

ICO The complainant has requested the responses to consultations made under section 5 of FOIA. The Information Commissioner’s (the Commissioner) decision is that the Ministry of Justice (the MoJ) has applied section 35(1)(a) appropriately.
Section of Act/EIR and Finding: FOI 35 – Complaint Not upheld

[2012] UKICO FS50437404
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529752

Mid Yorkshire Hospitals NHS Trust (Decision Notice): ICO 6 Aug 2012

ICO The complainant has requested information relating to complaints or compensation claims against a named surgeon. The Commissioner’s decision is that Mid Yorkshire NHS Trust (the ‘Trust’) has breached section 10 of the FOIA by failing to meet its obligations under section 1 of the Act. The Commissioner requires the public authority to provide a response to the complainant to confirm or deny whether it holds any information that falls within the request; and communicate the information it holds to the complainant and/or issue a refusal notice in respect of all or parts of the information it intends to withhold in accordance with section 17 of the FOIA.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2012] UKICO FS50437055
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529750

House of Commons (Decision Notice): ICO 13 Aug 2012

ICO The complainant requested information about legal advice regarding the disclosure of MPs’ expenses. The House of Commons confirmed it held information within the scope of the request, but withheld it citing legal professional privilege (the section 42 exemption). The Commissioner’s decision is that the House of Commons correctly withheld the requested information. He requires no steps to be taken.
Section of Act/EIR and Finding: FOI 42 – Complaint Not upheld

[2012] UKICO FS50440164
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529736

Department of Health (Decision Notice): ICO 6 Aug 2012

ICO The complainant has requested information around the Secretary of State’s decision to request the Care Quality Commission (CQC) inspect abortion premises. The Department of Health (DoH) informed the complainant information was held but was being withheld under sections 31(1)(g), 35(1), 40(2) and 41. The DoH provided this information to the complainant during the Commissioner’s investigation and the DoH therefore withdrew its application of these exemptions.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2012] UKICO FS50450667
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529724

Department of Health (Decision Notice): ICO 9 Aug 2012

ICO The complainant has requested a breakdown of the total expenditure of the Department of Health associated with the report, ‘The Higher Risk General Surgical Patient. Toward improved care for a forgotten group’. The DoH disclosed some information to the complainant, but withheld the remainder under the exemption for the personal information of third parties (section 40(2)). The Commissioner’s decision is that DoH correctly relied upon section 40(2) to withhold the outstanding withheld information. Therefore the Commissioner does not require the DoH to take any steps.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld

[2012] UKICO FS50427245
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529723

Cardiff Council (Decision Notice): ICO 23 Aug 2012

ICO The complainant requested records of attendance for two specific meetings. Cardiff Council (‘the Council’) disclosed a copy of the attendance register indicating the names of the persons who attended, but withheld the signatures of the individuals under section 40(2) of the FOIA. The Commissioner’s decision is that the Council correctly applied section 40(2) to the remaining information held relevant to the request. He does not require any steps to be taken.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld

[2012] UKICO FS50455572
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529702

Ministry of Justice (Decision Notice)FS50428316: ICO 23 Jul 2012

ICO The complainant requested information regarding the tenancy of Tay House in Glasgow and any delegated authority the Chief Executive of the Criminal Injuries Compensation Authority (CICA) has to enter into agreements binding the Secretary of State for Justice. At the internal review stage the Ministry of Justice (MOJ) revised the advice originally given to the complainant. The MOJ stated that no information was held. The Commissioner’s decision is that the MOJ was correct to state no information was held in relation to the request. The Commissioner does not require the MOJ to take any remedial steps to ensure compliance with the legislation.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld

[2012] UKICO FS50428316
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529644

Lancashire Constabulary (Decision Notice): ICO 31 Jul 2012

ICO The complainant requested copies of communications between Lancashire Constabulary and Northumbria Police. Lancashire Constabulary said that it did not hold some of the requested information, and refused to confirm or deny whether it held the remainder under section 40(5) of the FOIA. The Commissioner’s decision is that Lancashire Constabulary handled the request in accordance with the FOIA, and requires no further steps to be taken.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld

[2012] UKICO FS50425760
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529637

Cabinet Office (Decision Notice): ICO 6 Aug 2012

ICO The complainant requested copies of correspondence between former Prime Minister, Tony Blair and former President of Libya, Colonel Muammar Qadhafi. The Commissioner’s decision is that the public authority was entitled to withhold the disputed information on the basis of the exemption at section 27(1)(a). The public authority was entitled to rely on sections 23(5) and 24(2) FOIA to neither confirm nor deny it held information within the scope of the request exempt from disclosure on the basis of sections 23(1) and 24(1) FOIA. The Commissioner does not require the public authority to take any steps.
Section of Act/EIR and Finding: FOI 23 – Complaint Not upheld, FOI 24 – Complaint Not upheld, FOI 27 – Complaint Not upheld

[2012] UKICO FS50439245
Bailii
England and Wales

Information

Updated: 10 December 2021; Ref: scu.529699