Tag: Information

Oxfordshire County Council (Decision Notice): ICO 27 Jan 2014

ICO The complainant has requested a copy of an email sent with a briefing to councillors at the council about a specific subject. The council confirmed that it held the email but withheld the information on the basis that the exemption in section 30(2)(b) applied (investigations). During the Commissioner’s investigation the council also applied section 30(2)(a) (investigations) and section 36(2)(c) to the information (prejudice to the effective conduct of public affairs). The Commissioner’s decision is that Oxford County Council was not correct to apply section 36(2)(c), 30(2)(a) or 30(2)(b) to the information and that the public interest rests in the information being disclosed. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the information to the complainant.
Section of Act/EIR and Finding: FOI 30 – Complaint Upheld, FOI 36 – Complaint Upheld

[2014] UKICO FS50514043
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527396

Westminster City Council (Decision Notice): ICO 15 Jan 2014

ICO The complainant requested a report about budgets from Westminster City Council (the ‘Council’). By the date of this notice the Council had yet to provide a substantive response to this request. The Information Commissioner’s decision is that the Council 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 Council to issue a response under the FOIA.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2014] UKICO FS50518724
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527423

Department for Work and Pensions (Decision Notice): ICO 6 Jan 2014

The complainant made a freedom of information request to the Department for Work and Pensions (DWP) for budgetary information for a 6 month period. The DWP responded to the request by explaining that it did not hold the requested information. The Commissioner has investigated the complaint and found that the requested information was not held at the time of the request. The Commissioner’s decision is that the DWP dealt with the request in accordance with FOIA and he requires no steps to be taken.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

[2014] UKICO FS50511204
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527330

Department for Work and Pensions (Decision Notice) FS50511375: ICO 7 Jan 2014

The complainant has requested telephone numbers for all DWP Contact Centres in England and Benefit centre for Worcester and Wolverhampton Jobcentre Plus Direct Line numbers. The DWP refused to provide the requested information under section 36(2)(c) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the DWP has correctly applied section 36(2)(c) FOIA.
Section of Act/EIR and Finding: FOI 36 – Complaint Not upheld

[2014] UKICO FS50511375
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527331

Department of Health (Decision Notice): ICO 28 Jan 2014

ICO The complainant has requested from the Department of Health (DoH) anonymised information relating to the 2009 Pharmaceutical Price Regulation Scheme (2009 PPRS). The DoH provided the complainant with information it considered fulfilled the requests, although it noted that the information which could not be anonymised was exempt under sections 41 (information provided in confidence) and 43 (commercial interests) of FOIA. The Commissioner’s decision is that the DoH has taken appropriate steps to disclose an anonymised version of the requested information. He does not therefore require the DoH to take any steps as a result of this notice.
Section of Act/EIR and Finding: FOI 41 – Complaint Not upheld, FOI 43 – Complaint Not upheld

[2014] UKICO FS50486218
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527335

Department for Work and Pensions (Decision Notice): ICO 29 Jan 2014

The complainant has requested information relating to Universal Jobmatch. The Commissioner’s decision is that the Department for Work and Pensions (DWP) has failed to provide a response to the request within the statutory time frame of 20 working days. He upholds the complaint but requires no further action to be taken as a response has been provided to the complainant.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

[2014] UKICO FS50521947
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527332

Department of Health (Decision Notice): ICO 30 Jan 2014

ICO The complainant requested correspondence between East Midlands Strategic Health Authority (the SHA) and United Lincolnshire NHS Trus (the Trust) and the Department of Health (DoH) and NHS Executive Authority. The SHA was disbanded on 1 April 2013 and was unable to answer the request so responsibility for responding passed to the DoH as the body with legal responsibility for areas where functions had not been transferred to another body in the new system. The DoH stated the complying with the request would exceed the cost limit as set out in section 12 of the FOIA. The Commissioner’s decision is that the DoH has correctly refused the request on the basis of section 12 as to comply would exceed the cost limit.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld

[2014] UKICO FS50508342
Bailii
Freedom of Information Act 2000
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527336

Department for Work and Pensions (Decision Notice) FS50506725: ICO 7 Jan 2014

The complainant requested information about the Universal Jobmatch Privacy Impact Assessment. The Department for Work and Pensions (DWP) refused to provide the requested information. It cited as its basis for doing so the exemption under section 22 of the FOIA (information intended for future publication). The information was contained in draft versions of a document that the DWP intends to publish in the future. The Commissioner’s decision is therefore that the DWP correctly engaged section 22 and the public interest favours maintaining the exemption. The Commissioner does not require the public authority to take any further action.
Section of Act/EIR and Finding: FOI 22 – Complaint Not upheld

[2014] UKICO FS50506725
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527328

Department for Education (Decision Notice): ICO 13 Jan 2014

The complainant requested information about care requirements for children. The Department for Education (DfE) did not initially consider the request under the FOIA. It provided some general information and directed the complainant to publications and websites where more information it considered relevant was publicly available. During the Commissioner’s investigation the DfE acknowledged the request as an FOIA request. It said that it did not hold the information and cited section 21 of the FOIA (information accessible by other means). The Commissioner’s decision is that, on the balance of probabilities, the DfE does not hold the requested information. The Commissioner considers that the DfE contravened the requirements of section 1 and 10 of the FOIA in the handling of this request. He also considers that the DfE incorrectly cited section 21 as it does not hold the requested information that would be exempt from disclosure under this section. The Commissioner does not require the DfE to take any further action.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 21 – Complaint Upheld

[2014] UKICO FS50506561
Bailii
England and Wales

Information

Updated: 05 December 2021; Ref: scu.527324

Birt and Scottish Ministers: SIC 22 Nov 2013

SIC Legal advice on the position of an independent Scotland within the European Union – On 21 May 2013, Mr Birt asked the Scottish Ministers (the Ministers) for the legal advice obtained by the Scottish Government relating to the position of an independent Scotland applying for EU membership. The Ministers responded by withholding this information under sections 29(1)(c) (which relates to the provision of advice by the Law Officers) and 36(1) (legal professional privilege) of FOISA.
Following an investigation, the Commissioner was satisfied that the Ministers were entitled to withhold this information under section 29(1)(c).

[2013] ScotIC 266 – 2013
Bailii
Scotland

Information

Updated: 01 December 2021; Ref: scu.522811

Eighteen and Under and Dundee City Council: SIC 1 Nov 2013

On 28 June 2012, Eighteen And Under asked Dundee City Council (the Council) for all information it held about the charity. The Council refused to comply with the request on the basis that it was a repeated request. On 25 June 2013, the Commissioner issued a decision, finding that the request was not a repeat request and requiring an alternative response.
The Council provided information in compliance with the Commissioner’s decision on 2 August 2013, but Eighteen And Under remained dissatisfied with the amount of information disclosed and applied to the Commissioner for a further decision on 13 August 2013. Following an investigation, while finding an initial failure to identify and locate all the requested information, the Commissioner was satisfied that the Council had taken reasonable steps to establish that no further information was held.

[2013] ScotIC 245 – 2013
Bailii
Scotland

Information

Updated: 01 December 2021; Ref: scu.522791