Tag: Information

Home Office (Decision Notice): ICO 12 Sep 2013

ICO The complainant submitted six requests to the Home Office all of which focused on some aspect of its role in licensing establishments to carry out testing on animals. The Home Office refused to confirm or deny whether it held information falling within the scope of three of these requests on the basis of section 44(2) of FOIA. In relation to the remaining requests the Home Office either provided information it did hold, or explained that no information was held. The complainant disputes the application of section 44(2) and in relation to the three remaining requests either disputes the Home Office-andtrade;s position that no recorded information is held or argues that further recorded information is in fact held. The Commissioner is satisfied that section 44(2) has been applied correctly and in relation to the three further requests is satisfied that no further recorded information is held by the Home Office. However, the Commissioner has concluded that the Home Office breached section 17(7)(a) in providing a defective refusal notice.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld, FOI 17 – Complaint Upheld, FOI 44 – Complaint Not upheld

[2013] UKICO FS50490884
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528676

Northern Ireland Water: ICO 11 Sep 2013

ICO (Decision Notice) The complainant has requested from Northern Ireland Water (NI Water) information in relation to works carried out by or on behalf of NI Water in a certain area in Northern Ireland on a specific date. NI Water has provided information in relation to two parts of the complainant’s request, however it has applied regulation 12(4)(a) of the EIR (information not held). The Commissioner’s decision is that NI Water has disclosed all the information to the complainant which it holds and is relevant to the request. Therefore, the Commissioner orders no steps to be taken.
Section of Act/EIR and Finding: EIR 12.4.a – Complaint Not upheld

[2013] UKICO FER0489345
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528697

New Forest National Park Authority (Decision Notice): ICO 12 Sep 2013

ICO The complainant, on behalf of a planning consultancy, submitted a request to New Forest National Park Authority (the NPA) for two documents about a particular planning appeal. The NPA refused to disclose this information on the basis of regulation 12(4)(b) (manifestly unreasonable) and regulation 12(4)(d) (material still in the course of completion, unfinished documents and incomplete data). The Commissioner has concluded that regulation 12(4)(b) is not engaged and although regulation 12(4)(d) is engaged the public interest favours disclosing the requested information. The Commissioner requires the public authority to disclose to the complainant a copy of the ‘Rule 6 statement’ and ‘Statement of Case’ which he requested on 20 July 2012.
Section of Act/EIR and Finding: EIR 12.4.b – Complaint Upheld, EIR 12.4.d – Complaint Upheld

[2013] UKICO FER0477520
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528690

Department for International Development (Decision Notice): ICO 12 Sep 2013

ICO The complainant has requested information about a decision to provide, and then subsequently to suspend, UK aid to Rwanda. The Department for International Development (‘DfID’) refused the request citing a number of exemptions, most significantly section 27 (International relations). The Commissioner’s decision is that DfID was entitled to rely upon section 27 to withhold the information.
Section of Act/EIR and Finding: FOI 27 – Complaint Not upheld

[2013] UKICO FS50484526
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528648

City of York Council (Decision Notice): ICO 23 Sep 2013

ICO The complainant has requested information relating to a planning application, to be provided to her either electronically or in hard copy. York City Council (council) initially refused to provide the information to the complainant relying on section 21(1) of the Freedom of Information Act 2000 (FOIA). Following an internal review the council changed its decision to provide the information. However, the complainant is not satisfied that all of the information has been provided within the scope of the request. The Commissioner considers that this request is a request for information under the EIR. The Commissioner’s decision is that the council has not provided all of the information to the complainant within the scope of the request and has breached regulation 5(1) of the EIR. The Commissioner has also considered the council has breached the following; regulation 5(2) of the EIR by not responding to the complainant’s information request within 20 working days, regulation 9(1) by not providing reasonable advice and assistance, and regulation 11 5(a) and (c) by not complying fully with the internal review procedure. The Commissioner requires the public authority to make the requested information available in the format requested by the complainant in the original request and to comply with regulation 11(5)(a) and regulation 11(5)(c) of the EIR.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 9 – Complaint Upheld, EIR 11 – Complaint Upheld

[2013] UKICO FER0491104
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528641

Goring Parish Council (Decision Notice): ICO 23 Sep 2013

ICO The complainant has asked Goring Parish Council about information on any training undertaken by the clerk to the Council or any councillor in relation to the Freedom of Information Act (FOIA). The Commissioner’s decision is that on the balance of probabilities it is unlikely that Goring Parish Council holds the requested information. However, the Commissioner’s decision is that Goring Parish Council breached section 1(1)(a) of the FOIA because it did not clearly inform the complainant that no relevant information was held. The Commissioner requires the public authority to write to the complainant to confirm that it does not hold the requested information.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld

[2013] UKICO FS50491049
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528663

Wigan Metropolitan Borough Council (Decision Notice): ICO 8 Aug 2013

ICO The complainant has requested information from Wigan Metropolitan Borough Council (‘the council’) about the annual insurance premium for Crompton House in Scholes. The council stated that it did not hold the requested information. This was not accepted by the complainant, who asked the Commissioner to investigate whether the council holds the information. The Commissioner’s decision is that, on the balance of probabilities, the requested information is not held. The Commissioner does not require any steps to be taken.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

[2013] UKICO FS50485216
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528622

Haringey London Borough Council (Decision Notice): ICO 6 Aug 2013

ICO The complainant had requested copies of 24 bids which were successful in securing funding from Haringey Council’s Voluntary Sector Investment Fund. The council disclosed the information it held about the requester’s own bid application, but withheld information relating to those of other bidders, citing section 40(2) and section 43. During the Commissioner’s investigation the council also claimed that the exemptions at section 21(1) and section 41 applied. The Commissioner’s decision is that the council is entitled to withhold some of the requested information under section 40(2) and section 43(2), but that section 21 and section 41 are not engaged. The Commissioner requires the public authority to take steps to ensure compliance with the legislation.
Section of Act/EIR and Finding: FOI 21 – Complaint Upheld, FOI 40 – Complaint Not upheld, FOI 41 – Complaint Upheld, FOI 43 – Complaint Not upheld

[2013] UKICO FS50470818
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528570

House of Commons (Decision Notice): ICO 15 Aug 2013

ICO The complainant requested information about subsidence at the Palace of Westminster under the EIR. The House of Commons denied holding any information relevant to the request. It subsequently failed to properly carry out the internal review requested by the complainant.The Information Commissioner’s decision is that, on the balance of probabilities, HOC does not hold the requested information. However, he also finds that HOC breached regulation 11 of the EIR in failing to carry out an internal review within the requisite 40 working days. He does not require any steps to be taken in this case, but HOC should ensure there is no repetition of this breach.
Section of Act/EIR and Finding: EIR 11 – Complaint Upheld

[2013] UKICO FER0495252
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528577

Department for Communities and Local Government (Decision Notice): ICO 28 Aug 2013

ICO The complainant has requested information relating to how the Department for Communities and Local Government (‘DCLG’) responded to an earlier request for information. The Commissioner’s decision is that DCLG correctly engaged the exemptions at sections 36(2)(b)(i) and 36(2)(b)(ii) but in all the circumstances of the case, the public interest in disclosure outweighs the public interest in maintaining the exemption. The Commissioner requires the public authority to disclose the information withheld under sections 36(2)(b)(i) and 36(2)(b)(ii) to ensure compliance with the legislation.
Section of Act/EIR and Finding: FOI 36 – Complaint Upheld

[2013] UKICO FS50482167
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528553

City of York Council (Decision Notice): ICO 1 Aug 2013

The complainant has requested information relating to ‘All York’ bus tickets. City of York Council (the ‘council’ provided some of the requested information but withheld information regarding the total number of tickets sold, citing the exemption for information provided in confidence (section 41(1) of the FOIA). The Commissioner’s decision is that City of York Council has failed to demonstrate that section 41(1) of the FOIA is engaged. The Commissioner requires the public authority to disclose the information to the complainant.
Section of Act/EIR and Finding: FOI 41 – Complaint Upheld

[2013] UKICO FS50482582
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528546

Merton London Borough Council (Decision Notice): ICO 16 Jul 2013

The complainant made a series of requests to the London Borough of Merton (the Council) for information relating to visits by an Environmental Health Officer to a property which was under the complainant’s control and management and which had been the subject of a series of prosecutions under the Housing Act 2004, the Prevention of Damage by Pests Act 1949 and the Public Health Act 1936. The Council responded to the first 3 requests and then advised the complainant that it would not answer further FOIA requests on the same issue as the request was vexatious under section 14(1) of the FOIA. This was revised at the internal review stage to include reference to regulation 12(4)(b) of the EIR. The Commissioner’s decision is that the Council has correctly applied regulation 12(4)(b) to the request. There are no further steps to be taken.
Section of Act/EIR and Finding: EIR 12.4.b – Complaint Not upheld

[2013] UKICO FS50479890
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528490

Department of Health (Decision Notice): ICO 30 Jul 2013

ICO The complainant has requested information about NHS South West’s contract with a named company. NHS South West provided the complainant with some of the requested information but withheld some information under section 42 and section 43(2) FOIA. NHS South West became defunct on 1 April 2013. The Department of Health Legacy Management Team has taken responsibility for this complaint. The Commissioner’s decision is that section 40(1), section 40(2) and section 43(2) apply to the redactions made to the information requested at part 1 of the request. The Commissioner considers that the information requested at part 2 of the request is exempt under section 40(1) FOIA. The Commissioner considers that the information requested at part 3 of the request is exempt under section 43(2) FOIA. The Commissioner requires no steps to be taken.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld, FOI 43 – Complaint Not upheld

[2013] UKICO FS50489611
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528447

Information Commissioner (Decision Notice) FS50483541: ICO 11 Jul 2013

The complainant has requested information from the ICO which relates to its investigation into a previous case FER0402796. This concerned a complaint made to the ICO relating to a request for information made to the New Forest National Park Authority (the ‘NFNPA’) by the complainant. The ICO refused to disclose the requested information under section 44(1)(a) of the FOIA, by virtue of section 59(1) of the Data Protection Act 1998 (the ‘DPA’). The Commissioner’s decision is that the ICO has correctly applied section 44(1)(a) FOIA in this case. The Commissioner requires no further steps to be taken.
Section of Act/EIR and Finding: FOI 44 – Complaint Not upheld

[2013] UKICO FS50483541
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528477

Cardiff Council (Decision Notice): ICO 31 Jul 2013

ICO The complainant requested various information from Cardiff Council in respect of Council Tax and the inspection of properties where a Class C exemption has been applied for. The Council informed the complainant that it does not hold relevant information falling within the scope of his request by virtue of section 1(1) of the FOIA. The Commissioner’s decision is that Cardiff Council has correctly relied on section 1(1) of the FOIA. The Commissioner requires no steps to be taken.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

[2013] UKICO FS50486424
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528429

Cardiff Council (Decision Notice): ICO 8 Jul 2013

ICO The complainant requested information about a particular property owned by Cardiff Council (‘the Council’). The Council provided some information and withheld other information under sections 40(2) and 43 of the FOIA. The Council also stated that no further information was held other than that the information disclosed and the information withheld from the lease agreement under sections 40(2) and 43. The complainant was not content with the Council’s decision to withhold information from the lease and he considered the Council held additional information relevant to his request. During the course of the Commissioner’s investigation, the Council disclosed the information originally withheld from the lease. It also located and disclosed additional information relevant to the request. The Commissioner’s decision is that, on the balance of probabilities the Council does not hold any further recorded information. The Commissioner does not require the Council to take any steps.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld, FOI 40 – Complaint Not upheld

[2013] UKICO FS50483274
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528428

Cardiff Council (Decision Notice): ICO 11 Jul 2013

The complainant has requested a copy of a specified report in connection with a Compulsory Purchase Order of a named property within the Cardiff Council’s boundaries and its subsequent sale. The Council provided a redacted copy of the report, withholding some information on the basis of section 40(2) and other information by virtue of section 41(1) of the FOIA. The Commissioner’s decision is that Cardiff Council has correctly applied section 40(2) and section 41(1) of the FOIA. The Commissioner requires no steps.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld, FOI 41 – Complaint Not upheld

[2013] UKICO FS50471468
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528427

St John The Baptist VA School (Decision Notice): ICO 11 Jun 2013

The complainant made a request to St John the Baptist VA School (‘The School’) for copies of Annual Reports relating to a particular church. Despite the intervention of the Commissioner, the School has not provided a response to the request in accordance with the FOIA. The Commissioner’s decision is that the School 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 public authority to confirm or deny whether the requested information is held, to comply with section 1(1)(a) and if information is held in respect of the request, either provide the information to comply with section 1(1)(b), or provide a valid refusal notice in accordance with the provisions of section 17 of the FOIA.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2013] UKICO FS50488669
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528395

Wirral Metropolitan Borough Council (Decision Notice): ICO 4 Jun 2013

ICO The complainant has requested information relating to calls made to a helpline set up to deal with concerns that care packages had been delayed. The Commissioner’s decision is that Wirral Metropolitan Borough Council (the Council) has correctly applied section 40(2) to the information relating to the individuals contacting the helpline. However, he also finds that the Council has incorrectly applied section 40(2) to the names of its employees. The Commissioner further finds that the Council is in breach of section 10 of the FOIA due to the delay in issuing its response. The Council has identified with the Commissioner some information within the scope of the request that it now considers is not exempt under section 40(2) and is now prepared to disclose. The Commissioner requires the Council to disclose the further information it has identified. No steps are required with regard to the breach of section 10.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 40 – Complaint Partly Upheld

[2013] UKICO FS50470254
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528406

Department for Environment Food and Rural Affairs (Decision Notice) FER0469994: ICO 13 Jun 2013

ICO The complainant has requested information relating to the badger and bovine tuberculosis proposals shared between Defra and the National Farmers Union (NFU), and Defra and Natural England. In response, Defra has provided some information but withheld four risk and issue logs under regulations 12(4)(e) (internal communications) and 12(5)(d) (confidentiality of proceedings) of the EIR. The Commissioner has decided that regulation 12(5)(d), but not 12(4)(e), is engaged and that, in all the circumstances, the public interest favours disclosure. The Commissioner therefore requires the disclosure of the specified risk and issue logs.
Section of Act/EIR and Finding: EIR 12.4.e – Complaint Upheld, EIR 12.5.d – Complaint Upheld

[2013] UKICO FER0469994
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528335

Department for Environment Food and Rural Affairs (Decision Notice) FER0470006: ICO 13 Jun 2013

ICO The complainant has requested from Defra copies of correspondence and documentation between, firstly, Natural England and Defra and, secondly, the National Farmers Union (NFU) and Defra, since 2011 in relation to a number of specified issues relating to the proposed badger cull. Defra refused to comply with the request on the basis that it was manifestly unreasonable for the purposes of regulation 12(4)(b) of the EIR. The Commissioner’s decision is that the exception is engaged and that, in all the circumstances, the public interest favours maintaining the exception. Accordingly, the Commissioner does not require Defra to take any steps as a result of this notice.
Section of Act/EIR and Finding: EIR 12.4.b – Complaint Not upheld

[2013] UKICO FER0470006
Bailii
England and Wales

Information

Updated: 06 December 2021; Ref: scu.528336