11 Sep 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from the Department for Science, Innovation & Technology (‘DSIT’) regarding its Counter Disinformation Unit (‘CDU’). DSIT refused the request, citing section 36(2)(c) (Prejudice to effective conduct of public affairs) of FOIA.The Commissioner’s decision is that section 36(2) (c) is engaged, however the balance of the public interest is in favour of disclosing the requested information.The Commissioner requires DSIT to take the following steps to ensure compliance with the legislation:-• Provide the complainant with a copy of the information which it has withheld on the basis of section 36(2)(c) of FOIA.DSIT must take these steps within 35 calendar days of the date of the 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 36
View Department for Science, Innovation and Technology
11 Sep 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The Commissioner’s decision is that Liverpool University Hospitals NHS Foundation Trust (‘the Trust’) is entitled to withhold the requested information about a building project under regulation 12(5)(b) of the EIR. This exception concerns the course of justice. It’s not necessary for the Trust to take any corrective steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0398 appeal dismissed.
Exemptions cited: EIR 12(5)(b)
View Liverpool University Hospitals NHS Foundation Trust
11 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information with regards to restrictions on a certain bus route. Calderdale Council (the council) provided the complainant with the information it held. The complainant is of the view that further information is held. The Commissioner’s decision is that, on the balance of probabilities, the council has provided all of the information it holds falling within the scope of the request, and therefore it has complied with section 1 of the FOIA. The Commissioner’s does not require any steps.
Exemptions cited: FOI 1
View Calderdale Council
11 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Cabinet Office in relation to a specific company and awards of legal costs within each financial year starting from 2017/18. The Cabinet Office cited section 12(2) of FOIA. The Commissioner’s decision is that the Cabinet Office was entitled to rely on section 12(2) to refuse the request, and that it complied with its obligations under section 16(1) of FOIA to offer advice and assistance. The Commissioner does not require the Cabinet Office to take any steps as a result of this decision notice.
Exemptions cited: FOI 12(2); FOI 16
View Cabinet Office
11 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested copies of internal guidance notes. The above public authority originally relied on section 12 (cost) to refuse the request but later relied on section 14 of FOIA (vexatious). The Commissioner’s decision is that the public authority was entitled to rely on section 14 of FOIA to refuse the request. The Commissioner does not require further steps to be taken. Information Tribunal FTT EA/2023/0432 appeal allowed.
Exemptions cited: FOI 14
11 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested various information in respect of their application for housing. Colchester Borough Homes (CBH) provided some information, but refused the remainder citing section 40(2) (third party personal information) FOIA. The Commissioner’s decision is that CBH was entitled to withhold the remaining information in reliance on section 40(2) FOIA.
Exemptions cited: FOI 40(2)
11 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about UK arms export licence applications. The request was addressed to the Department for International Trade (DIT), which is now the Department for Business and Trade (DBT) following the machinery of government changes in February 2023. DBT withheld some information under sections 36, 40, 41 and 43 of FOIA. The complainant challenged the application of sections 36, 41 and 43. The Commissioner’s decision is that sections 36(2)(b)(i) and (ii) are engaged and the public interest favours maintaining the exemptions, because disclosure would be likely to prejudice the effective conduct of public affairs. The Commissioner does not require any further steps as a result of this decision notice.
Exemptions cited: FOI 36
View Department for Business and Trade
11 Sep 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 London Borough of Croydon
9 Sep 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 Hillingdon Council
8 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested all response received by the Department for Levelling Up (DLUHC), Housing and Communities relating to a Call for Evidence. The DLUHC refused the request under section 14(1) of FOIA (vexatious requests). The Commissioner’s decision is that the request was vexatious and therefore DLUHC was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require any steps.
Exemptions cited: FOI 14(1)
View Ministry of Housing, Communities and Local Government
8 Sep 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested correspondence between Public Health England and the UK IPC cell from the UK Health Security Agency (the public authority). The Commissioner’s decision is that the public authority breached section 10(1) of FOIA by failing to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the public authority to provide a substantive response to the request in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View UK Health Security Agency
8 Sep 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The Commissioner’s decision is that the public authority has breached regulation 14 of the EIR by failing to provide a refusal notice or rely on an exception within 20 working days, and regulation 11 of the EIR by failing to provide a reconsideration (internal review) of a response within 40 working days. The Commissioner requires it to provide the complainant with a substantive response within 35 calendar days in accordance with its obligations under the EIR.
Exemptions cited: EIR 11; EIR 14
View Sheffield City Council
8 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested an unredacted version of the Broadlands Archive Agreement (‘the Agreement’). The University of Southampton disclosed the Agreement with redactions made under sections 21, 40 and 41 of FOIA. These exemptions concern information that’s already accessible, personal data and information provided in confidence respectively. The Commissioner’s decision is as follows: Some information redacted from clause 53.3 of the Agreement is exempt under section 21(1) of FOIA. The remainder of the redacted information is exempt under section 40(2) or section 41(1). The Commissioner doesn’t require the University of Southampton to take any corrective steps.
Exemptions cited: FOI 21; FOI 40; FOI 41
View University of Southampton
8 Sep 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information regarding funding requests from Shropshire, Telford and Wrekin Integrated Care System (the Public Authority). The Commissioner’s decision is that the Public Authority has incorrectly relied on section 40(2). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information. 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 40
8 Sep 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 Southend-on-Sea City Council
8 Sep 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information on ministerial briefings on the Labour Party’s pledge to introduce sectoral collective bargaining if it had formed a government in 2017. DBT refused the request relying on the exemption at FOIA section 36(2)(b)(i) –Prejudice to the effective conduct of public affairs. The Commissioner’s decision is that the section 36(2)(b)(i) exemption is engaged but the balance of the public interest favours disclosure. The Commissioner requires DBT to disclose the two pages of the Labour Party Manifesto which fall within the scope of the request. 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; FOI 36(2)
View Department for Business and Trade
8 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Harlow District Council (‘the council’) on the council use of council tax. The council disclosed the information which it says it holds. The complainant argues that the council has not provided the information which she requested. The Commissioner’s decision is that the council was correct to state that it holds no further information beyond that already provided by it. He has also decided that, as it has disclosed the information which it does hold, the council has therefore complied with the requirements of section 1 of FOIA. The Commissioner does not require the council to take any steps.
Exemptions cited: FOI 1
View Harlow District Council
8 Sep 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information on correspondence concerning the Institute of Chartered Accountants in England and Wales’ (ICAEW) guidance on distributions and distributable profits. The Commissioner’s decision is that DBT has appropriately relied on FOIA exemptions 36(2)(b)(i) and (ii) – Prejudice to the effective conduct of public affairs; section 42(1) – Legal professional privilege. The Commissioner finds that the public interest favours maintaining the exemptions. Regarding section 40(2) – Personal Information, the Commissioner finds that the exemption has been inappropriately applied to senior staff at external organisations. The Commissioner requires DBT to take the following steps to ensure compliance with the legislation; disclose the names set out in the confidential annex.
Exemptions cited: FOI 36(2)(b)(i); FOI 36(2)(b)(ii); FOI 40(2)
View Department for Business and Trade
8 Sep 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested copies of legal advice that the BBC sought in relation to Gary Lineker. The BBC relied on section 42 of FOIA (legal professional privilege) to withhold the information. The Commissioner’s decision is that the BBC was entitled to rely on section 42 of FOIA and the balance of the public interest favours maintaining that exemption. The BBC breached sections 10 and 17 of FOIA as it failed to respond to the request within 20 working days.The Commissioner does not require further steps to be taken.
Exemptions cited: FOI 10; FOI 17; FOI 42
View BBC
8 Sep 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested from the London Ambulance Service NHS Trust (“LAS”) information about its Cycle to Work scheme. LAS originally provided some information and also applied section 21 of the FOIA (information accessible to the applicant by other means) to the request. However, LAS subsequently identified additional information which it has not provided to the complainant. The Commissioner’s decision is that LAS has, on the balance of probabilities, failed to identify and disclose to the complainant, all of the information it holds within the scope of the request. The Commissioner requires LAS to Conduct a fresh search for all the requested information within the Human Resources department and issue a fresh response to the complainant’s request, and provide the further information already identified or cite a relevant exemption.
Exemptions cited: FOI 1
View London Ambulance Service NHS Trust
7 Sep 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information in relation to an offshore windfarm consultation. Cowfold Parish Council (“the council”) argued that section 12 – cost of compliance, of the Freedom of Information Act (FOIA) applies. At the internal review stage, the council provided the complainant with a timeline document, which set out a summary of all the correspondence held falling within the scope of the request. The Commissioner’s has decided that the council should have considered the request under the EIR. Furthermore, the Commissioner considers that the release of the timeline document does not fulfil the terms of the complainant’s request. However, the Commissioner considers the council’s arguments for refusing to comply with the request under section 12(1) of FOIA to be transferable to Regulation 12(4)(b) of the EIR (manifestly unreasonable request). Whilst the Commissioner has determined that Regulation 12(4)(b) is engaged, he considers the public interest to favour the disclosure (wi
Exemptions cited: EIR 12(4)(b); EIR 5(1)
7 Sep 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about a declaration of interest relating to a planning application. North Yorkshire County Council (the Council) refused to provide the requested information, on the basis of it being third party personal information.The Commissioner’s decision is that the Council was entitled to refuse to comply with the request, by virtue of regulation 13(1) of the EIR.The Commissioner does not require the Council to take any further steps.
Exemptions cited: EIR 13(1)
View North Yorkshire County Council
7 Sep 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested various copies of correspondences and information relating to funding and grants from Coventry University (“ the University”). The Commissioner’s decision is that: The University was entitled to rely on section 12(1) and 12(2) when responding to this request. The University, on the balance of probabilities, does not hold any additional information within the scope of the request for question A. The University breached section 10 and section 17 by failing to respond to the request within 20 working days and issue an appropriate refusal notice. The University breached section 16, by failing to provide advice and assistance when responding to this request. The Commissioner requires the University to take the following steps to ensure compliance with the legislation. Provide advice and assistance to the complainant regarding how they can refine their request within the cost limit. The University must take these steps within 35 calendar days of the date of this
Exemptions cited: FOI 10; FOI 12(1); FOI 12(2); FOI 16; FOI 17
View Coventry University
7 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from HM Treasury (“HMT”) relating to a previous request about the Loan Charge Review. HMT refused the request under section 14(1) of FOIA (vexatious requests). The Commissioner’s decision is that the request was vexatious and therefore HMT was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require any steps. Information Tribunal FTT EA/2023/0431 appeal dismissed.
Exemptions cited: FOI 14
View HM Treasury
7 Sep 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant submitted an information request to Torbay Council (the Council) for all communication involving the case officer and/or statutory/external consultees, in relation to two specific planning applications.The Commissioner’s decision is that the Council did not seek clarification of the request, and in failing to do so, breached regulation 9(1) of the EIR.The Commissioner requires the Council to take the following steps to ensure compliance with the legislation:• Write to the complainant seeking clarification of their request for ‘all communication involving the case officer and/or statutory/external consultees’.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: EIR 9(1)
View Torbay Council
7 Sep 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about Police Federation of England and Wales (PFEW) National Board member expenses. PFEW refused the request, citing section 12(1) (cost of compliance exceeds appropriate limit) of FOIA.The Commissioner’s decision is that PFEW was entitled to refuse to comply with the request in accordance with section 12(1) of FOIA. However, the Commissioner finds that PFEW did not comply with its obligations under section 16 of FOIA to offer advice and assistance.The Commissioner requires PFEW to take the following steps to ensure compliance with the legislation.• Provide advice and assistance to the complainant to assist them in submitting a request which may be handled within the appropriate limit.PFEW 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 FOIA and may be dealt with as a contempt
Exemptions cited: FOI 12; FOI 16
6 Sep 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 Brecon Beacons National Park Authority
6 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to the Home Office’s response to the independent review into the Judicial Review Process. The Home Office confirmed it holds the requested information, but refused to provide it, citing section 35(1)(a) (Formulation of government policy, etc) of FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 35(1)(a) to refuse the request. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 35
View Home Office
6 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the interception, by French authorities, of migrants trying to cross the English Channel illegally. The Home Office confirmed that it held some of the requested information, which it said was exempt from disclosure under sections 27(1)(a) (International relations) and 31(1)(a), (b) and (e) (Law enforcement) of FOIA. It said that it did not hold the remaining information. The Commissioner’s decision is that the Home Office was entitled to rely on sections 31(1)(a), (b) and (e) of FOIA to withhold the information specified in part (1) of the request. He finds that, on the balance of probabilities, it does not hold the information specified in parts (2) and (3). Information Tribunal FTT appeal EA/2023/0396 dismissed.
Exemptions cited: FOI 1; FOI 31
View Home Office
6 Sep 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)
6 Sep 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested from the Home Office information regarding correspondence held by and from Suella Braverman relating to Just Stop Oil, protests, and journalists. The Home Office stated the information at part one of the request was exempt from disclosure under section 35(1)(d) (operation of Ministerial private office) of FOIA.The Commissioner’s decision is that the Home Office was entitled to rely on section 35(1)(d) of FOIA to the information at part one of the request, and he is satisfied the public interest favours maintaining the exemption. The Commissioner also finds the Home Office breached section 10 (time limits for compliance) of FOIA by not responding to the request within 20 working days. The Commissioner does not require the Home Office to take any steps as a result of this decision.
Exemptions cited: FOI 10; FOI 35(1)(d)
View Home Office
6 Sep 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 Hillingdon Council
6 Sep 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested copies of advice provided to people with medical conditions in the event of so-called energy “blackouts”. The above public authority relied on regulations 12(4)(d) – material in the course of completion – and 12(4)(e) -internal communications – to withhold the information it had identified within the scope of part [1] of the request and denied holding information within the scope of part [2]. The Commissioner’s decision is that the public authority has correctly relied on regulations 12(4)(d) and 12(4)(e) of the EIR and the aggregated balance of the public interest favours maintaining both exceptions. On the balance of probabilities, the Commissioner is satisfied that the public authority holds no information within the scope of part [2] of the request. The public authority breached regulation 14 of the EIR as it failed to consider part [1] of the request under the EIR. The Commissioner does not require further steps to be taken.Keywords: medically-depende
Exemptions cited: EIR 12(4)(d); EIR 14; EIR 5(1)
View Department of Health and Social Care
5 Sep 2023Complaint partially upheldFreedom of Information Act 2000
The Commissioner’s decision is that the Health and Safety Executive (HSE) breached section 10(1) of FOIA as it didn’t communicate all the information about a report to which the complainant is entitled within the statutory timeframe. HSE is entitled to withhold personal data from the disclosed report under section 40(2) of FOIA. It’s not necessary for the HSE to take any corrective steps.
Exemptions cited: FOI 10; FOI 40
View Health and Safety Executive
5 Sep 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to complaints about GPs. The Practice withheld the requested information under section 40(2) (personal information). The Commissioner’s decision is that the requested information engages section 40(2) as to disclose it would breach the data protection principles. However, in disclosing information outside of the statutory timeframe, the Practice breached section 10 (time limits for compliance) of FOIA. The Commissioner doesn’t require the Practice to take any steps.
Exemptions cited: FOI 10; FOI 40(2)
5 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on Human Rights Impact Assessments conducted by the ICO. The ICO stated no information was held. The Commissioner’s decision is that the ICO does not hold the requested information. He does not require any steps.
Exemptions cited: FOI 1
View Information Commissioner
5 Sep 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant contacted the London Borough of Haringey (the ‘Council’) and requested all correspondence referring to them and the land behind their property following a letter from the Council in relation to an extension of the boundary at the rear of their property. The Council initially applied section 40(1) (requesters own personal information) and section 42 (Legal Professional Privilege) of the Freedom of Information Act 2000 (‘FOIA’) to the request. During the course of the Commissioner’s investigation the Council reconsidered the request under the Environmental Information Regulations 2004 (the ‘EIR’) and confirmed it was relying on regulation 5(3) in respect of the complainant’s own personal data. It also cited regulation 12(4)(e) (internal communications) for the bulk of the withheld information, and cited regulation 13 (third party personal information) for some limited information. The Commissioner’s decision is that the Council is entitled to rely on regulations 5(3) and
Exemptions cited: EIR 12(4)(e); EIR 13; EIR 5(3)
View Haringey Council
4 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Independent Office for Police Conduct (‘IOPC’). The IOPC, among other exemptions, has cited section 23(1) of FOIA as a basis for non-disclosure. The complaint which is the subject of this decision notice solely relates to the application of section 23(1) of FOIA.The Commissioner’s decision is that the IOPC has correctly applied section 23(1) to the relevant part of the requested information.Therefore the Commissioner requires no steps to be taken by the IOPC.
Exemptions cited: FOI 23
View Independent Office for Police Conduct
4 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested details of the applications which are provided on mobile phones that are issued to its officers from the Metropolitan Police Service (the “MPS”). The MPS refused to provide this information citing sections 31(1)(a) and (b) (Law enforcement) of FOIA. The Commissioner’s decision is that the MPS was entitled to rely on sections 31(1)(a) and (b) to withhold the requested information. He does not require any steps.
Exemptions cited: FOI 31
View Metropolitan Police Service
4 Sep 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested agendas, minutes and related materials for meetings of a variety of Boards. The Department of Health and Social Care (DHSC) disclosed some information with redactions in accordance with section 40(2) (third party personal information) of FOIA.The Commissioner’s decision is that DHSC was entitled to rely on section 40(2) to redact personal information within the disclosed documents. However, the Commissioner finds that DHSC breached section 10(1) and section 17(1) of FOIA, as it failed to disclose the non-exempt information within the statutory 20 working days and to cite the correct exemptions respectively.The Commissioner does not require DHSC to take any further steps.
Exemptions cited: FOI 10; FOI 17; FOI 40(2)
View Department of Health and Social Care
4 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested vehicle related insurance details. Staffordshire Police provided some information, said some of it was not held and refused to provide the insurance costs, citing section 43(2) of FOIA – the exemption for commercial interests. The complainant was only concerned with the application of section 43(2) of FOIA. The Commissioner’s decision is that Staffordshire Police was entitled to reply on section 43(2) of FOIA in relation to the withheld insurance costs for the reasons set out in this notice. No steps are required as a result of this decision.
Exemptions cited: FOI 43
View Staffordshire Police
4 Sep 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 in 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)
4 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested, from the Cardiff and Vale University Health Board (the Health Board), information ultimately relating to an employment dispute between the complainant and the Health Board. During the Commissioner’s investigation, the Health Board revised its position. It now relies on section 14(1) of FOIA (vexatious or repeated requests). The Commissioner’s decision is that the Health Board is entitled to rely on section 14(1) of FOIA to refuse to comply with the request. He does not require any further steps as a result of this decision notice.
Exemptions cited: FOI 14(1)
View Cardiff and Vale University Health Board
4 Sep 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Environment Agency (EA) regarding staff members qualifications. The Commissioner’s decision is that EA was entitled to rely on section 40(2) to withhold the requested information. The Commissioner does not require further steps.
Exemptions cited: FOI 40(2)
View Environment Agency
1 Sep 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information held by the Department for Environment, Food and Rural Affairs (Defra) about a trip made to the United States of America (US) in April 2022, by the then Secretary of State for Defra, George Eustice. Whilst Defra provided the complainant with some information, it advised that any remaining information relevant to the request was exempt from disclosure under section 35(1)(a) - government policy, section 27(1)(a) - international relations, and section 29(1)(a) – the economy, of FOIA. Defra later advised the Commissioner that it was also withholding some information under section 40(2) – personal data, of FOIA. The Commissioner has decided that Defra correctly applied sections 27(1)(a), 29(1)(a) and 35(1)(a) to different parts of the withheld information, finding in each case that the balance of the public interest favoured maintaining the exemption. However, the Commissioner considers that section 40(2) is engaged in respect of only a very limited
Exemptions cited: FOI 1(1)(b); FOI 27; FOI 29(1)(a); FOI 35(1)(a); FOI 40(2)
1 Sep 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 Newcastle City Council
1 Sep 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant made a request for information relating to the public consultation process of the Deception as to Gender Section in the Rape and Serious Sexual Offences (RASSO) legal guide. The Commissioner’s decision is that the CPS correctly applied section 36(2) but considers that the balance of the public interest favours disclosure of the information. The Commissioner also finds that the CPS breached section 10 (time for compliance) of FOIA in its handling of the request. The Commissioner requires the CPS disclose the requested information subject to appropriate redactions for information exempt under section 40(2) (third part personal data). In regard to paragraph 32 of this notice, the Commissioner wishes to clarify that many organisations have published on their websites that they were part of the public consultation process. Information Tribunal appeal EA/2023/0520 appeal withdrawn.
Exemptions cited: FOI 10; FOI 36(2)
View Crown Prosecution Service
1 Sep 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested correspondence relating to compensation payments for victims of infected blood. The above public authority on sections 28 (internal relations), 31 (law enforcement), 35 (formulation of government policy) and 42 (legal professional privilege) of FOIA to withhold the requested information. The Commissioner’s decision is that: section 42 is engaged and the balance of the public interest favours maintaining this exemption; section 35 is also engaged. The balance of the public interest favours disclosure of most of the information, but there is some information where the balance of the public interest favours maintaining the exemption; neither section 28 nor 31 is engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the information specified in the confidential annex with appropriate redactions to protect personal data. Information Tribunal FTT EA/2023/0422 appeal allowed in part
Exemptions cited: FOI 28; FOI 31; FOI 35; FOI 42
View Department of Health and Social Care
1 Sep 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to the transfer of appropriate authority responsibilities of the Chief Constable. The Commissioner’s decision is that on the balance of probabilities, Humberside Police does not hold the information requested and has complied with its obligations under section 1(1) of the FOIA. However, the Commissioner finds that Humberside Police breached section 10 (time for compliance) of FOIA in its handling of the request. The Commissioner does not require any steps to be taken as a result of this decision.
Exemptions cited: FOI 1; FOI 10
View Humberside Police
1 Sep 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The Commissioner’s decision is that, on the balance of probabilities, the Broads Authority doesn’t hold any further information about a Variation Order that the complainant has requested and has complied with section 1(1) of FOIA. To the degree that the requested information could be categorised as environmental information, the Broads Authority has also complied with regulation 5(1) of the EIR. The Commissioner doesn’t require the Broads Authority to take any corrective steps.
Exemptions cited: EIR 5; FOI 1
View Broads Authority