23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from Suffolk Constabulary, information about the number of response and support officers on duty during a specified night shift (8 May 2023). Suffolk Constabulary 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 Suffolk Constabulary 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.
Exemptions cited: FOI 31
View Suffolk Constabulary
23 Oct 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from the Metropolitan Police Service (MPS) about Operation Snap. MPS disclosed some information within the scope of the request, but withheld the remaining information in accordance with section 40(2) (personal information) of FOIA.The Commissioner’s decision is that MPS was correct to rely on section 40(2) to withhold the remaining information. However, MPS breached sections 10(1) and 17(1) of FOIA as it failed to provide its response to the request within the statutory 20 working days.The Commissioner does not require MPS to take any further steps.
Exemptions cited: FOI 10(1); FOI 17; FOI 40(2)
View Metropolitan Police Service
23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the Infrastructure and Projects Authority's reviews of the government’s New Hospital Programme.The Commissioner’s decision is that the Cabinet Office was entitled to rely on section 33(2) to withhold the requested information from the complainant.
Exemptions cited: FOI 33
View Cabinet Office
23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from Hertfordshire Constabulary, information about the number of response and support officers on duty during a specified night shift (8 May 2023). Hertfordshire Constabulary refused to disclose the requested information, citing section 31(1) of FOIA (the law enforcement exemption). The Commissioner’s decision is that Hertfordshire Constabulary was correct to rely on section 31(1) of FOIA and refuse disclosure. The Commissioner does not require any further steps as a result of this decision notice. Information Tribunal EA/2023/0495 under appeal.
Exemptions cited: FOI 31
23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from Norfolk Constabulary, information about the number of response and support officers on duty during a specified night shift (8 May 2023). Norfolk Constabulary 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 Norfolk Constabulary 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/2023/0507 under appeal.
Exemptions cited: FOI 31
View Norfolk Constabulary
23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from Lancashire Constabulary, information about the number of officers on duty during a specified night shift (8 May 2023). Lancashire Constabulary 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 Lancashire Constabulary 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/2023/0505 under appeal.
Exemptions cited: FOI 31
View Lancashire Constabulary
23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from Cambridgeshire Constabulary, information about the number of response and support officers on duty during a specified night shift (8 May 2023). Cambridgeshire Constabulary refused to disclose the requested information, citing section 31(1) of FOIA (the law enforcement exemption). The Commissioner’s decision is that Cambridgeshire Constabulary was correct to rely on section 31(1) of FOIA and refuse disclosure. The Commissioner does not require any further steps as a result of this decision notice. Information Tribunal EA/2023/0500 under appeal.
Exemptions cited: FOI 31
View Cambridgeshire Constabulary
23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from West Midlands Police (WMP), information about the number of response and support officers on duty during a specified night shift (8 May 2023). WMP 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 WMP 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/2023/0493 appeal allowed.
Exemptions cited: FOI 31
View West Midlands Police
23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from Hampshire & Isle of Wight Constabulary (HIOWC), information about the number of response and support officers on duty during a specified night shift (8 May 2023). HIOWC 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 HIOWC 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.
Exemptions cited: FOI 31
View Hampshire and Isle of Wight Constabulary
23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from Thames Valley Police (TVP), information about the number of response and support officers on duty during a specified night shift (8 May 2023). TVP 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 TVP 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.
Exemptions cited: FOI 31
View Thames Valley Police
23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from Gwent Police, information about the number of response and support officers on duty during a specified night shift (8 May 2023). Gwent Police refused to disclose the requested information, citing section 31(1) of FOIA (the law enforcement exemption). The Commissioner’s decision is that Gwent Police was correct to rely on section 31(1) of FOIA and refuse disclosure. The Commissioner does not require any further steps as a result of this decision notice. Information Tribunal EA/2023/0501 under appeal.
Exemptions cited: FOI 31
View Gwent Police
23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from Surrey Police, information about the number of response and support officers on duty during a specified night shift (8 May 2023). Surrey Police 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 Surrey Police 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/2023/0499 under appeal.
Exemptions cited: FOI 31
View Surrey Police
23 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from South Wales Police (SWP), information about the number of response and support officers on duty during a specified night shift (8 May 2023). SWP refused to disclose the requested information, citing section 31(1)(a) of FOIA (the law enforcement exemption). The Commissioner’s decision is that SWP was correct to rely on section 31(1)(a) of FOIA and refuse disclosure. The Commissioner does not require any further steps as a result of this decision notice. Information Tribunal EA/2023/0502 under appeal.
Exemptions cited: FOI 31
View South Wales Police
20 Oct 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to reinforced autoclaved aerated concrete (RAAC) in hospitals. The Department of Health and Social Care (‘DHSC’) disclosed some information but withheld other information under regulation 12(5)(e) (commercial or industrial information) and regulation 12(4)(d) (material still in the course of completion). The Commissioner’s decision is that: the DHSC breached regulation 14(3) of the EIR, the withheld information engages either regulation 12(5)(e) or regulation 12(4)(d), the public interest favours maintaining regulation 12(5)(e) and the public interest favours disclosure of the information withheld under regulation 12(4)(d). The Commissioner requires the following steps: disclose the information withheld under regulation 12(4)(d). Information Tribunal appeal EA/2023/0506 appeal withdrawn.
Exemptions cited: EIR 12(4)(d); EIR 12(5)(e)
View Department of Health and Social Care
19 Oct 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Southend-on-Sea City Council (the Council). By the date of this notice the Council had not issued a substantive response to this request. The Commissioner’s decision is that the Council has breached section 10(1) of FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days.The Commissioner requires the Council to take the following step to ensure compliance with the legislation.•The Council must provide a substantive response to the request in accordance with its obligations under FOIA. The Council must take this step 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 FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10(1)
View Southend-on-Sea City Council
19 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from City of Bradford Metropolitan District Council (“the Council”) relating to direct care payments. The Council provided the complainant with the information requested in parts 1, 3 and 4 of the request but refused to provide the information requested in part 2 of the request citing section 12(1) of FOIA as its basis for doing so. The Commissioner’s decision is that the Council is entitled to rely on section 12(1) (cost limit) to refuse to provide the information requested in part 2 of the request. He also finds that the Council met its obligations under section 16(1) of FOIA to offer advice and assistance.The Commissioner does not require the Council to take any steps. Information Tribunal EA/2023/0481 under appeal.
Exemptions cited: FOI 12(1); FOI 16(1)
View City of Bradford Metropolitan District Council
19 Oct 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Ministry of Defence (“MOD”) relating to official correspondence and meetings concerning defence procurement issues. The MOD at first applied section 36 of FOIA to the requested information, then it disclosed some information in response to the request, stating that it did not hold any further information within the scope of the request. The Commissioner is not satisfied that, on the balance of probabilities, the MOD does not hold further information within the scope of the request. The Commissioner requires the MOD to take the following steps to ensure compliance with the legislation:• The MOD must carry out further searches and issue the complainant with a fresh response to their request with a detailed explanation of all searches including private platforms aimed at identifying all the information held within the scope of the request.• If the MOD locates further information within the scope of the request, that information should either
Exemptions cited: FOI 1
View Ministry of Defence
19 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the date that specific files will be released to the National Archives. The Cabinet Office denied holding the requested information. The Commissioner’s decision is that, on the balance of probabilities, the Cabinet Office doesn’t hold the requested information and complied with section 1(1) of FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 1
View Cabinet Office
19 Oct 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information on induced seismicity from UK shale gas exploration and production. DESNZ confirmed that it held some of the requested information but was withholding it in reliance on EIR regulation 12(4)(e) – internal communications, regulation 12(5)(b) – course of justice, regulation 12(5)(e) – commercial confidentiality and regulation 12(3) – personal data. The Commissioner’s decision is that the withheld information is exempt from disclosure on the basis of regulation 12(4)(e). The Commissioner does not require further steps.
Exemptions cited: EIR 12(4)(e)
View Department for Energy Security and Net Zero
19 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about an employee of London Borough of Lewisham (“the Council”). The Council would neither confirm nor deny holding any information, citing section 40(5) (Personal information) of FOIA. The Commissioner’s decision is that the Council was correct to rely on section 40(5) of FOIA. No steps are required.
Exemptions cited: FOI 40(5)
View Lewisham Council
19 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the Lockerbie bombing. The Cabinet Office refused to disclose the requested information, citing multiple exemptions including sections 23 (security bodies) and section 24 (national security) of FOIA. The Commissioner’s decision is that the information is exempt from disclosure under section 23 and section 24, in the alternative. The Commissioner does not require further steps.
Exemptions cited: FOI 23; FOI 24
View Cabinet Office
19 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from Leicestershire Police, information about the number of response and support officers on duty during a specified night shift (8 May 2023). Leicestershire Police refused to disclose the requested information, citing section 31 of FOIA (the law enforcement exemption). The Commissioner’s decision is that Leicestershire Police was correct to rely on section 31 of FOIA and refuse disclosure. The Commissioner does not require any further steps as a result of this decision notice. Information Tribunal EA/2023/0504 under appeal.
Exemptions cited: FOI 31
View Leicestershire Police
19 Oct 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 Department for Science, Innovation and Technology
19 Oct 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(1)
View BBC
19 Oct 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested from Pembrokeshire County Council (the Council) information about a planning statement and justification report regarding planning application 23/0101/PA. The Council refused the request and cited regulations 12(5)(d) (confidentiality of proceedings), 12(3) and 13 (personal information) of the EIR. The Commissioner’s decision is that the Council was entitled to withhold all of the information under regulation 12(3) and 13 of the EIR. The Commissioner does not require any further steps as a result of this decision.
Exemptions cited: EIR 12(5)(d); FOI 12; FOI 13
View Pembrokeshire County Council
19 Oct 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from the BBC about diversity commitments. The BBC responded that the requested information was covered by the derogation and hence excluded from FOIA. The Commissioner’s decision is that this information, if held at all, is held by the BBC for the purposes of journalism, art or literature and so was not covered by FOIA. He therefore upholds the BBC’s position and requires no steps to be taken in this case. However, the Commissioner finds that the BBC has breached section 10(1) of FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days.
Exemptions cited: FOI 10; FOI 3
View BBC
19 Oct 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about roundtable meetings relating to the setting up of the Creative Industries Independent Standards Authority (CIISA). The then Department for Digital, Culture, Media and Sport (now the Department for Culture, Media and Sport (DCMS)) originally refused the request under section 3(2)(a) of FOIA (information held solely on behalf of another person). In its internal review, DCMS amended its position, citing section 36(2)(b)(ii) of FOIA (prejudice to the effective conduct of public affairs). The Commissioner’s decision is that section 36(2)(b)(ii) of FOIA is engaged. However, he finds that the public interest in maintaining this exemption does not outweigh the public interest in disclosure. In addition, DCMS failed to respond to the request within 20 working days and therefore also breached section 10(1) of FOIA.The Commissioner requires DCMS to take the following steps to ensure compliance with the legislation.• Disclose the withheld information
Exemptions cited: FOI 10(1); FOI 36(2)(b)(ii)
View Department for Culture, Media and Sport
19 Oct 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from Staffordshire County Council (‘the council’) relating to a Park Run vehicle and related information. The council provided some information but stated that it did not hold some of the requested information. The complainant disputed this position. The Commissioner’s decision is that, on the balance of probabilities, the council does not hold further information falling within scope of the request than has already been provided. However, the Commissioner finds the council in breach of section 1(1)(b) and section 10(1) of FOIA by not providing information to which the complainant was entitled within 20 working days. The Commissioner does not require further steps.
Exemptions cited: FOI 1; FOI 10(1)
View Staffordshire County Council
18 Oct 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(3)
View Ministry of Defence
18 Oct 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The Commissioner’s decision is that the complainant’s requests for information about the expansion of London’s Ultra Low Emission Zone are manifestly unreasonable under regulation 12(4)(b) of the EIR. Transport for London isn’t obliged to comply with them or take any corrective steps. Information Tribunal EA/2023/0490 appeal dismissed.
Exemptions cited: EIR 12(4)(b)
View Transport for London
18 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of a review from the Home Office. The Home Office refused to disclose the review citing section 35(1)(a) (Formulation of Government policy, etc) of FOIA. The Commissioner’s decision is that section 35(1)(a) is properly engaged and that the public interest favours maintaining the exemption. No steps are required.
Exemptions cited: FOI 35
View Home Office
18 Oct 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information from the Health and Safety Executive (HSE) about safety incidents at particular sites with containment level 4 (CL4) laboratories located at them. HSE withheld this information under regulation 12(5)(a) of the EIR which concerns international relations, defence, national security or public safety. The Commissioner’s decision that HSE is entitled to withhold the information under regulation 12(5)(a). It’s not necessary for HSE to take any corrective steps. Information Tribunal EA/2023/0473 appeal dismissed.
Exemptions cited: EIR 12(5)(a)
View Health and Safety Executive
18 Oct 2023Complaint partially upheldFreedom of Information Act 2000
The complainant asked Merseyside Police a series of questions in relation to an alleged speeding incident it had contacted him about. Merseyside Police said that the questions did not describe recorded information and it refused to respond, citing section 8(1)(c) (Request for information) of FOIA. The Commissioner’s decision is that most of the questions did not comply with section 8(1)(c) of FOIA and so Merseyside Police was not obliged to respond to them. However, the Commissioner found that questions (2) – (4) and (13) did describe recorded information. The Commissioner has exercised his discretion to consider the application of section 40(5A) (Personal information) in respect of that information. His decision is that section 40(5A) is engaged and that Merseyside Police should have refused to confirm or deny that it held the requested information. The Commissioner also found that Merseyside Police breached section 17(1) of FOIA by failing to issue a refusal notice within the statuto
Exemptions cited: FOI 17; FOI 40; FOI 8
View Merseyside Police
18 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Ministry of Defence (MOD) seeking firstly statistics about Reaper and Typhoon missions, and secondly information about an investigation regarding a particular Reaper strike. In response to the first element of the request the MOD disclosed some information but sought to withhold the remainder on the basis of section 23(1) (security bodies), or in the alternative, section 24(1) (national security), section 26(1)(b) (defence) and sections 27(1)(a) and (c) (international relations) of FOIA. In response to the second element of the request, the MOD disclosed some information but withheld additional information on the basis of section 23(1), or in the alternative, section 24(1) and section 26(1)(b). The Commissioner’s decision is that the information sought by questions 1b) to 4, and the additional information falling within the scope of question 6, is exempt from disclosure on the basis of section 23(1) or section 24(1) of FOIA. Information Tribun
Exemptions cited: FOI 23; FOI 24
View Ministry of Defence
17 Oct 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.
Following the issue of the Decision Notice it was brought to the Commissioner's attention that DBT had responded to the request on 9 October 2023 and informed the Commissioner accordingly on the same day. The Commissioner regrets not having recognised that when issuing this Decision Notice. He therefore wishes to clarify this point and that the remedial step is therefore not required. However, the finding in the Decision Notice remains accurate due to the time taken to respond to the request.
Exemptions cited: FOI 17
View Department for Business and Trade
17 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a copy of an original will. The Ministry of Justice (MoJ) denied holding the requested information. The Commissioner’s decision is that the MoJ does not hold the requested information for the purposes of FOIA. The Commissioner requires no steps to be taken as a result of this decision. Information Tribunal EA/2023/0483 under appeal.
Exemptions cited: FOI 3
View Ministry of Justice
17 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about incidents he believes may have been reported to Merseyside Police. Merseyside Police would neither confirm nor deny holding the requested information citing section 40(5) (Personal information) of FOIA. The Commissioner’s decision is that Merseyside Police was entitled to rely on section 40(5) of FOIA. He does not require further steps.
Exemptions cited: FOI 40
View Merseyside Police
17 Oct 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 Department of Health and Social Care
17 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Criminal Injuries Compensation Authority (CICA) about applications for particular compensation award categories. CICA is an executive agency of the Ministry of Justice (MoJ). The Commissioner’s decision is that, on the balance of probabilities, CICA does not hold any further information within the scope of the request.The Commissioner does not require CICA to take any further steps.
Exemptions cited: FOI 1
View Criminal Injuries Compensation Authority
17 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the Ministry of Defence (the ‘MOD’) about a previous version of Joint Service Publication 441 (‘JSP 441’). The MOD stated that it did not hold the requested information. The Commissioner’s decision is that, on the balance of probabilities, the MOD does not hold the requested information. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 1; FOI 16
View Ministry of Defence
17 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Foreign, Commonwealth and Development Office (FCDO) seeking two files concerning Guy Burgess. The FCDO sought to withhold the requested files on the basis of section 23(1) (security bodies) or, in the alternative, section 24(1) (national security) of FOIA. The Commissioner has concluded that the files are exempt from disclosure on the basis of section 23(1) or section 24(1) of FOIA.
Exemptions cited: FOI 23; FOI 24
View Foreign, Commonwealth & Development Office
17 Oct 2023Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a request to Carmarthenshire County Council (the Council) for information relating to road closures in regard to a hunt meet.The Commissioner’s decision is that the Council was correct to withhold the information under section 40(2) of FOIA. However, in failing to issue an appropriate refusal notice confirming the exemption, within the statutory timescale, the Commissioner has determined that the Council has breached section 17(1) of FOIA.The Commissioner does not require further steps as a result of this decision notice.
Exemptions cited: FOI 17; FOI 40(2)
View Carmarthenshire County Council
17 Oct 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 Sussex Police
16 Oct 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from London Borough of Bexley(the public authority). 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 Bexley Council
16 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information concerning Strategic Review Management Board meeting minutes and papers in relation to Accommodation and Support Contracts with contractors Mears, Serco and Clearsprings Ready Homes. The Home Office refused to comply with the request, citing section 14(1) (vexatious requests) of FOIA, based on the grossly oppressive burden that complying with the request would impose. The Commissioner’s decision is that the Home Office has correctly relied upon section 14(1) of FOIA to refuse to comply with the request. No steps are required.
Exemptions cited: FOI 14(1)
View Home Office
16 Oct 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to the value of commissions made by a named individual at Rumpus Media. Channel 4 did not respond to the request, relying on section 17(6) of FOIA. The Commissioner’s decision is that section 17(6) of FOIA does not apply in this case. The Commissioner requires the public authority to either provide the requested information or issue a refusal notice within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 17(6)
View Channel 4
16 Oct 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information about the use of privately held email accounts by Ms Suella Braverman, while serving as Attorney General. The Attorney General’s Office (AGO) refused to comply with the request, citing section 12(1) (cost of compliance) of FOIA. The Commissioner’s decision is that the AGO is entitled to rely on section 12(1) to refuse to comply with the request. The Commissioner does, however, find that the AGO failed to provide reasonable advice and assistance in accordance with section 16 of FOIA to aid the complainant in refining their request. The Commissioner requires the AGO to take the following step to ensure compliance with the legislation: provide advice and assistance to the complainant regarding how they can refine their request within the cost limit. Information Tribunal FTT EA/2023/0449 appeal allowed.
Exemptions cited: FOI 12; FOI 16
View Attorney General's Office
16 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Cabinet Office has advised the complainant that it doesn’t hold the information they requested about a COVID-19 test that former Prime Minister Boris Johnson had in 2020. The Commissioner’s decision is that, on the balance of probabilities, the Cabinet Office doesn’t hold the requested information and complied with section 1(1) of FOIA. He doesn’t require any steps to be taken.
Exemptions cited: FOI 1
View Cabinet Office
16 Oct 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a collections report from the Financial Ombudsman Service (FOS). The FOS refused to provide the information, explaining that it was the complainant’s own personal data which cannot be provided under this legislation and citing section 40(1) of FOIA. The Commissioner’s decision is that the FOS was correct in citing the exemption because the requested information is the complainant’s own personal data and therefore is absolutely exempt under FOIA. The Commissioner does not require further steps. Information Tribunal EA/2023/0479 appeal dismissed.
Exemptions cited: FOI 40(1)
16 Oct 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about a named hotel he believes is being used to house asylum seekers. The Home Office would neither confirm nor deny whether it holds most of the information, citing section 38(2) (Health and safety) of FOIA. It also denied holding information about the financial accounts of a named company. The Commissioner’s decision is that the Home Office was entitled to rely on section 38(2) to neither confirm nor deny whether it holds the bulk of the requested information. He also finds that, on the balance of probabilities, the Home Office does not hold information about the finances of a named company. However, it breached section 1(1)(b) of FOIA by failing to respond to all parts of the request. Information Tribunal appeal EA/2023/0467 appeal dismissed.
Exemptions cited: FOI 1; FOI 38
View Home Office