28 Nov 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The public authority has failed to respond to this request within 20 working days, as specified under the EIR. The Commissioner requires it to provide the complainant with a response to this request within 35 calendar days in accordance with its obligations under the EIR.
Exemptions cited: EIR 5(2)
View London Borough of Croydon
28 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information concerning an incident that occurred on 29 October 2021 at a private function held on House of Commons’ premises.The Commissioner’s decision is that House of Commons was entitled to rely on section 34 (parliamentary privilege) to withhold the requested information. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 34
View Corporate Officers of the House of Commons
28 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 10(1)
View Oxford University Hospitals NHS Foundation Trust
28 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from Devon and Cornwall Police (DCP), information about the number of response and support officers on duty during a specified night shift (8 May 2023). DCP refused to disclose the requested information, citing sections 31(1)(a) and (b) of FOIA (the law enforcement exemption). The Commissioner’s decision is that DCP was correct to rely on sections 31(1)(a) and (b) of FOIA and refuse disclosure. The Commissioner does not require any further steps as a result of this decision notice. Information Tribunal EA/2023/0531 under appeal.
Exemptions cited: FOI 31
28 Nov 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information from Blackpool Borough Council (“the Council”) regarding a planning application. The Council has withheld the information requested in part one of the request, citing regulations 12(4)(e) (internal communications) and regulation 12(5)(b) (course of justice) as its bases for doing so and denied holding any information within the scope of part two of the request.The Commissioner’s decision is that: the Council is entitled to rely on regulation 12(4)(e) to withhold all of the information withheld on this basis, other than one email for which the exception is not engaged; the Council is entitled to withhold the remainder of the information within the scope of part one of the request (excluding the information not considered in this notice as described in paragraphs 8-10 of this notice) under regulation 12(5)(b); on the balance of probabilities, the Council does not hold any information within the scope of part two of the request. The Commissioner requi
Exemptions cited: EIR 12(4)(a); EIR 12(4)(e); EIR 12(5)(b)
View Blackpool Council
28 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the scope of the Prime Minister’s delegation of powers as the Minister for the Civil Service. The Cabinet Office denied holding the requested information. The Commissioner’s decision is that, on the balance of probabilities, the Cabinet Office does not hold the requested information and has complied section 1(1) of FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 1
View Cabinet Office
28 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from City of Bradford Metropolitan District Council (“the Council”) relating to social workers who used to be employed by the Council.The Commissioner’s decision is that the Council is entitled to rely on section 40(2) (personal information) to refuse to provide the requested information.The Commissioner does not require the Council to take any steps. Information Tribunal FTT EA/2024/0001 appeal dismissed.
Exemptions cited: FOI 40(2)
View City of Bradford Metropolitan District Council
27 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to police vehicles. Cambridgeshire Constabulary provided some information but refused to provide the remainder, citing section 31(1)(a)(b) (law enforcement) of FOIA. The Commissioner’s decision is that Cambridgeshire Constabulary failed to demonstrate that section 31 is engaged. The Commissioner requires Cambridgeshire Constabulary to take the following step to ensure compliance with the legislation: disclose to the complainant the information it identified as falling within the scope of Q3 and Q4 of the request, details of which were provided to the Commissioner in the course of his investigation.
Exemptions cited: FOI 31
View Cambridgeshire Constabulary
27 Nov 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested pre-planning advice relating to a proposed development at Cornwall airport. Cornwall Council (the Council) refused the request under regulation 12(5)(e) of the EIR – commercial confidentiality. The Commissioner’s decision is that the Council has correctly relied on regulation 12(5)(e) of the EIR to withhold the requested information. The Commissioner does not require further steps.
Exemptions cited: EIR 12(5)(e)
View Cornwall Council
27 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from The National Archives ‘closed’ information relating to the Elgin Marbles. TNA refused to provide this information, citing section 40(2)(personal information) and section 41(1)(information provided in confidence) of FOIA. The Commissioner’s decision is that TNA has correctly withheld the requested information under section 40(2) and 41(1) of FOIA. However, TNA breached section 17(1) of FOIA by providing its refusal notice late. The Commissioner does not require further steps.
Exemptions cited: FOI 40(2); FOI 41(1)
View The National Archives
27 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about damages and costs paid as a result of assaults on biologically female prisoners by biologically male prisoners in UK prisons. The Ministry of Justice (the ‘MOJ’) refused to confirm or deny whether it held the requested information, citing the ‘neither confirm nor deny’ provision within section 40(5) of FOIA (the exemption for personal information).The Commissioner’s decision is that the MOJ has properly relied on section 40(5B)(a)(i) of FOIA to refuse to confirm or deny whether any information associated with the specified assaults is held.No steps are required as a result of this notice. Information Tribunal FTT EA/2023/0519 appeal dismissed.
Exemptions cited: FOI 40
View Ministry of Justice
27 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information concerning meetings between Prime Ministers Johnson and Truss and various senior media executives.The Cabinet Office stated that they did not hold any information within scope of the complainant’s request.The Commissioner’s decision is that, on the balance of probabilities, the Cabinet Office do not hold the information requested.The Commissioner requires no steps to be taken.
Exemptions cited: FOI 1(1)
View Cabinet Office
27 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View Metropolitan Police Service
27 Nov 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested HSE to disclose information relating to the contravention notices a named Inspector has issued for the year ending 31 December 2022. HSE disclosed some information, confirmed one element is not held and refused to disclose the remainder citing section 30(1)(b) of FOIA. The Commissioner’s decision is that HSE is entitled to rely on section 30(1)(b) of FOIA for question nine of the request. However, he does not consider section 30(1)(b) applies to questions two, three, four and five of the request. The Commissioner requires HSE to disclose the requested information for questions two, three, four and five of the complainant’s request.
Exemptions cited: FOI 30
View Health and Safety Executive
24 Nov 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to their speeding fine. During this investigation, National Highways (‘NH’) identified some information that could be disclosed but withheld the rest under section 31 (law enforcement). The Commissioner’s decision is that parts 1, 2 and 6 of the request can be withheld under section 31(1)(a), (b) and (c). However, the Commissioner has recorded a procedural breach of sections 1 (general right of access to information) and section 10 (timescale for compliance) of FOIA. The Commissioner requires NH to take the following steps to ensure compliance with the legislation: if it hasn’t already done so, NH must disclose the information in relation to parts 3, 4 and 5 of the request.
Exemptions cited: FOI 1; FOI 10; FOI 31
View National Highways
23 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about internally funded PhD support. The University of Sussex (‘the University’) refused to comply with the request, citing section 14(1) (vexatious requests) of FOIA as its basis for doing so. The Commissioner’s decision is that the University was entitled to rely on section 14(1) of FOIA to refuse to comply with the request.The Commissioner does not require the University to take any further steps on this matter. Information Tribunal FTT EA/2023/0522 appeal allowed.
Exemptions cited: FOI 14(1)
23 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to the number of decision notices issued to parish councils. The ICO withheld the requested information under section 21 of FOIA (information reasonably accessible to the applicant by other means). The Commissioner’s decision is that the ICO was entitled to rely on section 21 of FOI to refuse the requested information in this case. The Commissioner does not require the ICO to take further steps. Information Tribunal FTT EA/2023/0516 appeal dismissed.
Exemptions cited: FOI 21
View Information Commissioner
23 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about an item of furniture that the Cabinet Office has purchased. The Cabinet Office withheld the information under section 40(2) (Personal Information). The Commissioner’s decision is that the information is not personal data, and therefore cannot be withheld under section 40(2). His full position is set out in a confidential annex which will be provided to the Cabinet Office only. The Commissioner requires the Cabinet Office to take the following steps to ensure compliance with the legislation: Disclose the information.
Exemptions cited: FOI 40(2)
View Cabinet Office
23 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to Football Index. The Serious Fraud Office (SFO) refused to confirm or deny whether it held information falling within the scope of the request, citing section 30(3) (investigations and proceedings) by virtue of 30(1)(b) and section 31(3) (law enforcement) of FOIA. The Commissioner’s decision is that the SFO is entitled to rely on section 30(3) of FOIA. The Commissioner requires no steps to be taken as a result of this decision. Information Tribunal FTT EA/2023/0518 appeal dismissed.
Exemptions cited: FOI 30
View Serious Fraud Office
23 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a copy of a file that is listed as being closed to public inspection. The Home Office refused to provide it, citing sections 24(1) (national security), 31(1)(a)(b) (law enforcement), 37(1)(a) (communications with the Sovereign), 38(1)(b) (health & safety) and 40(2) (personal information) of FOIA. The Commissioner’s decision is that the Home Office correctly applied sections 31 and 37 to withhold all the requested information. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 31; FOI 37
View Home Office
23 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to complete its public interest test considerations within a reasonable time in accordance with its obligations under FOIA. The Commissioner requires it to provide a substantive response to the request within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 17
View Foreign, Commonwealth & Development Office
23 Nov 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from the South Western Ambulance Service Trust (“SWAST”) in relation to a specific review. SWAST has provided some information but says that no further information is held in relation to the request. The Commissioner’s decision is that on the balance of probabilities, SWAST does not hold any further information within the scope of the request. It was also correct to withhold some personal data under section 40(2) of FOIA. However, SWAST failed to provide a response within 20 working days and as such, it has breached section 10(1) of FOIA. The Commissioner does not require any steps as a result of this decision notice.
Exemptions cited: FOI 1; FOI 10(1); FOI 40(2)
View South Western Ambulance Service NHS Foundation Trust
23 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested incident command logs relating to the ‘Just Stop Oil’ and ‘Insulate Britain’ climate protests, from Kent Police. Kent Police disclosed three documents, with redactions made under sections 24(1) (National security), 31(1)(a) and (b) (Law enforcement) and 40(2) (Personal information) of FOIA. The Commissioner’s decision is that Kent Police was entitled to rely on sections 31(1)(a) and (b) of FOIA to refuse to disclose the withheld information.
Exemptions cited: FOI 31
View Kent Police
23 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about extreme right-wing terrorism terminology. The Home Office disclosed some information but withheld the remainder, citing sections 23(1) (information supplied by, or relating to, bodies dealing with security matters), 24(1) (national security) and 35(1)(a) (the formulation or development of government policy) of FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 23(1) to withhold the disputed withheld information. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 24
View Home Office
23 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on behalf of their client, Rights and Security International (“RSI”), relating to a report on the Independent Review of the British Government’s Prevent Strategy.The Home Office relied on section 12 (cost limit) of FOIA to refuse the request. The Commissioner’s decision is that the Home Office was entitled to refuse to comply with the request in accordance with section 12(1).The Commissioner finds that the Home Office has complied with its obligations under section 16 of FOIA to offer advice and assistance.The Commissioner does not require further steps.
Exemptions cited: FOI 12(1)
View Home Office
23 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 10(1)
22 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of a closed file, T 233/2026 . The National Archives (TNA) refused to provide the requested information, citing section 37(1)(a) (Communications with His Majesty and the awarding of honours). The Commissioner’s decision is that TNA was correct to refuse the request under section 37(1)(a). The Commissioner does not require further steps.
Exemptions cited: FOI 37(1)(a)
View The National Archives
22 Nov 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has made a six-part request for information relating to a Hydrogen Consequence Testing study. SGN provided the information it held in respect of parts 1), 2) and 5) of the request. It refused to provide the information requested in parts 3), 4), and 6) of the request, citing regulations 6(1)(b) and 12(5)(e) of the EIR. The Commissioner’s decision is that SGN was entitled to rely on regulation 6(1)(b) of the EIR to refuse to provide some if the information. However, SGN breached regulation 5(2) of EIR as it failed to inform the complainant that the information is readily accessible and direct them to where the information is available. The Commissioner also finds that SGN cannot rely on regulation 12(5)(e) to withhold the remaining withheld information as it is information on emissions for the purposes of regulation 12(9) of the EIR. The Commissioner requires SGN to inform the complainant of the documents falling within the scope of part 6) of the request that are readil
Exemptions cited: EIR 12(5)(e); EIR 5(2); EIR 6(1)(b)
22 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to a specific court case. The General Pharmaceutical Council (“the GPC”) refused to disclose the requested information, citing section 32 (court records) of FOIA. The Commissioner’s decision is that the requested information is exempt from disclosure under section 32. The Commissioner does not require further steps.
Exemptions cited: FOI 32
View General Pharmaceutical Council
22 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about an action plan relating to an audit report. Potto Parish Council (the “council”) confirmed that it had provided all the information that it held. The Commissioner’s decision is that, on the balance of probabilities, the council has correctly confirmed that it has disclosed all the relevant information that it holds. The Commissioner does not require the council to take any steps.
Exemptions cited: FOI 1
22 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant submitted an information request to Monmouthshire County Council (the Council) requesting the organisational chart for its employees handling FOIA and SAR requests.The Commissioner’s decision is that the Council was not entitled to rely on section 17(6) of FOIA to not to respond to a request. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation:• Either provide the requested information or issue a refusal notice in accordance with FOIA.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.
Exemptions cited: FOI 17(6)
View Monmouthshire County Council
22 Nov 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested pre-application advice for specific planning applications. Northumberland County Council withheld the information under the exception provided by regulation 12(5)(d) (Confidentiality of proceedings) of the EIR. The Commissioner’s decision is that the Council has correctly applied regulation 12(5)(d). The Commissioner does not require further steps.
Exemptions cited: EIR 12(5)(d)
View Northumberland County Council
22 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested various information about quotes sought for specific works. Coleorton Parish Council issued a response in which it provided some information. The Commissioner is not satisfied that the Council has identified and provided all the information held that is relevant to the request. He has therefore decided that, on the balance of probabilities, the Council holds further information that falls within the scope of the request. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Issue a fresh response to the request following a thorough search that identifies all the information the Council holds that falls within the scope of the request. Any further information that is identified should either be disclosed to the complainant, or an adequate refusal notice issued.
Exemptions cited: FOI 1
22 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of the loan agreement between UK Infrastructure Bank (‘UKIB’) and CityFibre. UKIB refused to provide the requested information, citing section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that the requested information is exempt under section 43(2). The Commissioner does not require further steps.
Exemptions cited: FOI 43(2)
View UK Infrastructure Bank
22 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from Transport for London (TfL) information about employee reasonable adjustments. TfL initially applied section 40(2) of the FOIA (personal information) to withhold the information. However, during the course of the Commissioner’s investigation, TfL revised its position and denied holding any information within the scope of the request. The Commissioner’s decision is that, on the balance of probabilities, it is unlikely that TfL holds any information within the scope of the request. The Commissioner does not require ant steps to be taken as a result of this decision.
Exemptions cited: FOI 1
View Transport for London
22 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested from University Hospitals of Derby and BurtonNHS Foundation Trust (the Trust) information relating to section 47 child protection investigations.
The Trust initially applied section 12 of the FOIA (cost exceeds appropriate limit) to refuse the request. However, during the course of the Commissioner’s investigation, the Trust revised its position and denied holding information within the scope of the request. The Commissioner’s decision is that the Trust has, on the balance of probabilities, failed to identify information within the scope of the request and issue an appropriate refusal notice.
The Commissioner requires the Trust to Conduct a fresh search for information within the scope of the request, and issue a fresh response to the request confirming whether or not it holds the information. If the information is not held it must clearly explain why this is the case. Any information that it does identify, it must either disclose or provide an app
Exemptions cited: FOI 1
View University Hospitals of Derby and Burton NHS Foundation Trust
22 Nov 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested correspondence and other information about specific planning applications. The Northumberland County Council disclosed some information and withheld the remainder under the exceptions provided by regulations 12(4)(e) (Internal communications) and 12(5)(f) (Interests of the information provider) of the EIR. The Commissioner’s decision is that the Council has correctly applied regulations 12(4)(e) and 12(5)(f), but breached the requirement of regulation 5(2) by disclosing information out of time. The Commissioner does not require further steps.
Exemptions cited: EIR 12(4)(e); EIR 12(5)(f); EIR 5(2)
View Northumberland County Council
22 Nov 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information from the Security Service (“MI5”) relating to carbon emissions. MI5 cited regulation 12(5)(a) of the EIR to withhold the information.The Commissioner’s decision is that MI5 correctly applied regulation 12(5)(a) of the EIR.The Commissioner does not require any steps to be taken Information Tribunal EA/2023/0546 appeal dismissed.
Exemptions cited: EIR 12(5)(a)
22 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to offences of ICO employees. The ICO refused the request under section 12 (cost of compliance exceeds appropriate limit). The Commissioner’s decision is that section 12 applies and the ICO isn’t obliged to deal with the request. The Commissioner is also satisfied that the ICO complied with its obligations under section 16 (advice and assistance). The Commissioner does not require further steps.
Exemptions cited: FOI 12; FOI 16
View Information Commissioner
22 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Birmingham City Council (“the Council”) relating to a specific project.The Commissioner’s decision is that the Council is entitled to rely on section 41(1) (information provided in confidence) to refuse to provide the withheld information. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 41
View Birmingham City Council
22 Nov 2023Complaint partially upheldFreedom of Information Act 2000
The Commissioner’s decision is that the Department for Education (DfE) is entitled to rely on FOIA exemptions under section 35(1)(a)(formulation of government policy), section 36(2)(b)(ii) and 36(2)(c) (prejudice to the effective conduct of public affairs) and section 43 (commercial interests) to withhold information in a business case about LocateEd. DfE breached sections 10(1) and 17(1) of FOIA as it didn’t communicate non-exempt information or issue a refusal notice in respect of exempt information within the statutory timeframe. It’s not necessary for DfE to take any corrective steps.
Exemptions cited: FOI 10; FOI 35; FOI 36; FOI 43
View Department for Education
22 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested various information about quotes sought for specific works. Swannington Parish Council issued a response in which it provided some information. The Commissioner is not satisfied that the Council has identified and provided all the information held that is relevant to the request. He has therefore decided that, on the balance of probabilities, the Council holds further information that falls within the scope of the request. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Issue a fresh response to the request following a thorough search that identifies all the information the Council holds that falls within the scope of the request. Any further information that is identified should either be disclosed to the complainant, or an adequate refusal notice issued.
Exemptions cited: FOI 1
21 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to complete its public interest test considerations within a reasonable time in accordance with its obligations under FOIA. The Commissioner requires it to provide a substantive response to the request within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 17
View BBC
21 Nov 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested a named minister’s email correspondence relating to compensation payments for victims of infected blood, during a specified time period. The Ministry of Justice (the ‘MOJ’) refused to provide the requested information, citing sections 35(1)(a) and (b) of FOIA (formulation of Government policy, etc) and section 40(2) (personal information). The complainant confirmed he was only concerned with the MOJ’s reliance on section 35 of FOIA. The Commissioner’s decision is that sections 35(1)(a) of FOIA is engaged and the balance of the public interest favours maintaining this exemption. As he has found section 35(1)(a) to apply, the Commissioner has not deemed it necessary to consider the MOJ’s additional reliance on section 35(1)(b) of FOIA. However, by failing to provide its initial response within 20 working days, the Commissioner also finds that the MOJ breached section 10 of FOIA. No steps are required as a result of this notice.
Exemptions cited: FOI 10; FOI 35
View Ministry of Justice
21 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 10(1)
21 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information on the cost of the investigation by the Serious Fraud Office (the ‘SFO’) into Unaoil. The SFO refused to disclose this information and cited the exemptions provided by the following sections of FOIA: • 31(1)(a) (prejudice to the prevention or detection of crime) • 31(1)(b) (prejudice to the apprehension or prosecution of offenders) and• 31(1)(c) (prejudice to the administration of justice) The Commissioner’s decision is that the SFO cited these exemptions correctly and so it was not obliged to disclose this information. No steps are required as a result of this notice. Information Tribunal FTT EA/2023/0538 appeal Allowed.
Exemptions cited: FOI 31
View Serious Fraud Office
21 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has made 32 information requests to FOS for copies of guidance, rules and codes of conduct provided to FOS staff, numerous items from FOS’ internal guidance tool Discovery, information relating to the training of staff, a copy of the Channel 4 Dispatches documentary in 2018 about FOS, storage capacity of its computer systems and information relating to the publication of its decisions. FOS refused to comply with the requests citing section 14 of FOIA. The Commissioner’s decision is that FOS is entitled to rely on section 14 of FOIA. The Commissioner does not require further steps. Information Tribunal EA/2023/0544 Under Appeal.
Exemptions cited: FOI 14
21 Nov 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information surrounding whistleblowing allegations about DAERA Portal Operations. DAERA disclosed some of the information but withheld the remainder under section 31(1) of FOIA (law enforcement), section 38 of FOIA (health and safety) section 40(2) of FOIA (personal information), and section 12(1) of FOIA (requests where the cost of compliance exceeds the appropriate limit).
The Commissioner’s decision is that DAERA has correctly applied section 12(1) of FOIA to withhold the information. DAERA is not required to take any further steps.
Exemptions cited: FOI 12
View Department of Agriculture, Environment and Rural Affairs (Northern Ireland)
20 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The Commissioner’s decision is that the public authority breached section 10(1) of FOIA by failing to provide a response within 20 working days.
Exemptions cited: FOI 10
View Southend-on-Sea City Council
20 Nov 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested copies of any reviews undertaken by an external consultant on behalf of North West Anglia NHS Foundation Trust (the Trust). The Trust identified one report in scope of the request but considered it exempt under section 41 of FOIA – that the information was provided in confidence. The Commissioner’s decision is that the Trust has failed to demonstrate the section 41 exemption is engaged. The Commissioner requires the Trust to disclose the information in scope of the request – the document entitled “Leadership and Culture”.
Exemptions cited: FOI 41
View NORTH WEST ANGLIA NHS FOUNDATION TRUST