23 Aug 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about pension entitlement. The above public authority relied on section 12 of FOIA (cost of compliance) to refuse the request. The Commissioner’s decision is that the public authority was entitled to rely on section 12 of FOIA to refuse the request. However, the public authority failed to discharge its duty under section 16 of FOIA to provide advice and assistance. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: either provide the complainant with advice and assistance to help him refine his request such that it falls within the cost limit; or if the request cannot be meaningfully refined, explain why this is the case.
Exemptions cited: FOI 12; FOI 16
View NHS Business Services Authority
23 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the British Film Institute (BFI) about the setting up of a new body. BFI provided the complainant with relevant information, with personal data redacted under section 40 of FOIA. BFI withheld other information under section 36 which concerns prejudice to the effective conduct of public affairs. The Commissioner’s decision is that, under section 3(2) of FOIA, BFI can’t be said to hold under FOIA the information it voluntarily provided or which it withheld under sections 36 and 40. As such, there was no breach of section 1 or section 10 and it’s not necessary to consider BFI’s application of section 36 and 40 to information it withheld.BFI doesn’t need to take any corrective steps.
Exemptions cited: FOI 3
View British Film Institute
23 Aug 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 Home Office
22 Aug 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 Ministry of Housing, Communities and Local Government
22 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested full copies of all email and other electronic messages between Dominic Cummings and Lee Cain between 22 May 2020 and 28 May 2020. The Cabinet Office initially relied upon section 40(2) of FOIA (personal data) to withhold the information in its entirety. During the course of the Commissioner’s investigation, the Cabinet Office also applied section 21(1) (information accessible by other means) and section 36 (prejudice to the effective conduct of public affairs) to withhold the information in its entirety. The Commissioner has found that section 21(1) applies to part of the withheld information and that section 36 applies to the remainder of the withheld information. As section 36 has been found to apply to the majority of the withheld information (save for the information to which section 21 applies), it was not necessary for the Commissioner to go on to consider whether section 40(2) applied to the withheld information.The Commissioner does not require the
Exemptions cited: FOI 21; FOI 36
View Cabinet Office
22 Aug 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant asked for planning consultation reports relating to specific plot addresses as well as minutes from an executive board meeting from Carmarthenshire County Council (the Council). The Council gave links to information within scope of the first part of the request; however, it withheld the information for the second part under regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the Council was entitled to rely on regulation 12(5)(e) to withhold the requested information. The Commissioner does not require any steps to be taken as a result of this decision. Information Tribunal FTT EA/2023/0381 appeal dismissed.
Exemptions cited: EIR 12(5)(e)
View Carmarthenshire County Council
22 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from London Borough of Bexley (the Council) relating to the traffic management order for a specified road and area. The Council disclosed the recorded information it holds as well as schedules which relate to the specified area. The Commissioner’s decision is that on the balance of probabilities the Council has disclosed all the recorded information it holds within scope of the request and has therefore met its obligations under FOIA. The Commissioner does not require any steps to be taken as a result of this decision.
Exemptions cited: FOI 1
View Bexley Council
22 Aug 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The public authority has failed to respond adequately 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)
View Merton Council
22 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested review documents associated with Mr Daniel Hay, which University Hospitals of Derby and Burton NHS Foundation Trust (‘the Trust’) has withheld under section 31(1)(c) of FOIA. The Trust considers that disclosing the information would be likely to prejudice the administration of justice. The Commissioner’s decision is that the Trust is entitled to withhold the requested information under the exemption it’s cited and the public interest favours maintaining the exemption. It’s not necessary for the Trust to take any corrective steps.
Exemptions cited: FOI 31
View University Hospitals of Derby and Burton NHS Foundation Trust
22 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a particular file about the Lockerbie bombing from the Home Office. The Home Office provided some of the information but refused to provide the remainder, citing sections 31(1)(a)(b)(c) (Law enforcement), 40(2) (Personal information) and 23(1) (Information supplied by, or relating to, bodies dealing with security matters) or 24(1) (National security) in the alternative, of FOIA.For most of the information, the Commissioner’s decision is that the Home Office was entitled to rely on sections 23(1) / 24(1) in the alternative and sections 31(1)(a)(b)(c) of FOIA to withhold it. However, for the one document referred to in paragraph 13 of this notice, the Home Office is required to either disclose the letter to the complainant or provide evidence to the Commissioner that it has already done so.
Exemptions cited: FOI 23; FOI 24; FOI 31
View Home Office
21 Aug 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)
View Planning Inspectorate
21 Aug 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from North East Ambulance Service NHS Foundation Trust (“the Trust”) about “Audit One Report”. The Commissioner’s decision is that the Trust 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. No steps are required.
Exemptions cited: FOI 10; FOI 17
View North East Ambulance Service NHS Foundation Trust
21 Aug 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from the Police Service of Northern Ireland (PSNI) information regarding the destruction order issued by the RUC (Royal Ulster Constabulary) for a specific weapon. PSNI refused to confirm or deny whether information was held and cited section 30(3). The Commissioner’s decision is PSNI was not entitled to rely on section 30(3) of FOIA. He finds the public interest argument lies in favour of confirming or denying whether the requested information is held.The Commissioner requires PSNI to take the following steps to ensure compliance with the legislation: • Confirm or deny whether it holds the information requested. • If the information is held, PSNI should issue a response or a valid refusal notice, with regard to the second part of the request, in compliance with section 17 of FOIA.PSNI 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
Exemptions cited: FOI 30
View Police Service of Northern Ireland
21 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about investigations carried out into a particular bank. The above public authority relied on sections 44 (prohibitions on disclosure) and 31 (law enforcement) of FOIA to refuse to confirm or deny that the information was held. The Commissioner’s decision is that the public authority was entitled to rely on section 44 of FOIA to refuse to confirm or deny whether it held information within the scope of the request. The Commissioner does not require further steps to be taken. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0389 appeal dismissed.Keywords/themes: Financial Services and Markets Act, FSMA, confidential information
Exemptions cited: FOI 44
View Financial Conduct Authority
21 Aug 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 London School of Hygiene and Tropical Medicine
21 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested inspection reports of the working conditions of migrant farm workers. The Home Office disclosed the reports, with information which identified the farms and all individuals, redacted under sections 40 (Personal information) and 43 (Commercial interests). The complainant maintained that the farm names and addresses should be disclosed. The Commissioner’s decision is that the Home Office was entitled to rely on section 43 of FOIA to withhold the farm names and addresses.
Exemptions cited: FOI 43
View Home Office
21 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to the procedure a complainant should follow when a court fails to comply with published complaints procedures. The Ministry of Justice (MoJ) denied holding the requested information. The Commissioner’s decision is that, on the balance of probabilities, the MoJ does not hold the requested information and has complied with section 1(1)(a) of FOIA. The Commissioner requires no steps to be taken as a result of this decision. Information Tribunal FTT EA/2023/0375 appeal struck out
Exemptions cited: FOI 1
View Ministry of Justice
21 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a catalogue, index or similar in respect of the formal and informal enforcement work of the Equality and Human Rights Commission (the ‘Commission’). The Commission stated that it does not hold this information. The Commissioner’s decision is that on the balance of probabilities, the Commission has complied with its obligations under section 1(1) FOIA for the reasons set out in this notice. The Commissioner does not require any steps. Information Tribunal FTT appeal EA/2023/0397 dismissed.
Exemptions cited: FOI 1(1)
View Equality and Human Rights Commission
21 Aug 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested all correspondence between The Royal Mint and HM Treasury in relation to the development of an NFT (non-fungible token). The Royal Mint initially withheld all the requested information, citing section 43(2) of FOIA, but later disclosed some information during the Commissioner’s investigation. The Commissioner’s decision is that the withheld information engages section 43(2) and the public interest lies in maintaining the exemption. He notes, however, that some of the information was disclosed outside of the statutory time limit and accordingly The Royal Mint has breached section 10 of FOIA.The Commissioner does not require the public authority to take any further steps.
Exemptions cited: FOI 10; FOI 43(2)
18 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Northern Ireland Courts and Tribunals Service (NICTS) information regarding the costs for an MP. NICTS confirmed that it does not hold the information requested. The Commissioner’s decision is that, on the balance of probabilities, NICTS does not hold the requested information. Therefore, the Commissioner does not require NICTS to take any steps as a result of this decision.
Exemptions cited: FOI 1(1)
View Northern Ireland Courts and Tribunals Service
18 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The requester posed a 20-point request for information contained in emails between named councillors and third parties. Chapel-en-le-Frith Parish Council (the Council) advised that the three councillors concerned had confirmed that they do not hold any information in scope of the request. The Commissioner’s decision is that he is satisfied on the balance of probabilities that the Council does not hold information in scope of the request. The Commissioner does not require the Council to take any steps as a result of this decision. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0404 appeal dismissed.
Exemptions cited: FOI 1(1)
18 Aug 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from Royal Sutton Coldfield Town Council (“the Council”) in relation to any ICT service providers for the Council. The Council cited section 12(1) of FOIA – cost exceeds the appropriate limit. The Commissioner’s decision is that the Council was entitled to rely on section 12(1) of FOIA. He is also satisfied that the Council complied with its requirements under section 16 of FOIA. However, the Commissioner finds that the Council has breached section 10(1) of FOIA, as it did not respond within the statutory timeframe of 20 working days. The Commissioner does not require the Council to take any steps as a result of this decision notice.
Exemptions cited: FOI 10(1); FOI 12(1); FOI 16
18 Aug 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information related to the Department for Work and Pensions’ (DWP) risk model for advances fraud. DWP originally relied on section 31(1)(a) to withhold the requested information. However, during the course of the Commissioner’s investigation, DWP change its position and introduced section 12(1) as to comply with the request would exceed the appropriate limit. The Commissioner’s decision is that DWP is entitled to rely on section 12(1) to refuse to comply with the request. The Commissioner does, however, find that DWP failed to provide reasonable advice and assistance in accordance with section 16 to aid the complainant in refining their request. The Commissioner therefore requires DWP to provide the complainant with further advice and assistance regarding how to refine their request, specifically which elements within the original request may be complied with within the appropriate limit. DWP must take these steps within 35 calendar days of the date of thi
Exemptions cited: FOI 12; FOI 16
View Department for Work and Pensions
17 Aug 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant asked a series of questions about the cost of reports and consultations commissioned by the London Borough of Islington (the Council) and the associated processes in place. The Council disclosed some information within scope of the request; however, it withheld some information under regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the Council was entitled to rely on regulation 12(5)(e) to withhold the requested information. The Commissioner finds a breach of regulation 5(2) regarding the delay in responding to the request. The Commissioner does not require any steps to be taken as a result of this decision.
Exemptions cited: EIR 12(5)(e)
View Islington Council
17 Aug 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested data relating to sewage spills. United Utilities Water Limited (UU) relied on regulation 12(5)(b) of the EIR (course of justice and inquiries) to withhold the information. The Commissioner’s decision is that UU has correctly relied on regulation 12(5)(b) of the EIR to withhold the information and the balance of the public interest favours maintaining the exception. The Commissioner does not require further steps to be taken.
Exemptions cited: EIR 12(5)(b)
View United Utilities
17 Aug 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 Home Office
17 Aug 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested data relating to sewage spills. Severn Trent Water Limited (STW) relied on regulation 12(5)(b) of the EIR (course of justice and inquiries) to withhold the information. The Commissioner’s decision is that STW has correctly relied on regulation 12(5)(b) of the EIR to withhold the information and the balance of the public interest favours maintaining the exception. The Commissioner does not require further steps to be taken.
Exemptions cited: EIR 12(5)(b)
View Severn Trent Water
17 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to a health and safety complaint. East Riding of Yorkshire Council (the “council”) refused the request under the exemption for law enforcement (section 31). The Information Commissioner’s decision is that the information requested is exempt from disclosure under section 31(1)(g) by virtue of section 31(2)(c), and the public interest favours maintaining the exemption. The Commissioner does not require the council to take any steps.
Exemptions cited: FOI 31(1)(g)
View East Riding of Yorkshire Council
17 Aug 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 Greater Manchester Police
17 Aug 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 NHS England
17 Aug 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)
17 Aug 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)
17 Aug 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 Harrow Council
17 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Sport England (“SE”) regarding Clubmark accreditation and application for Coronavirus Emergency Funding (CEF). SE refused the request under section 14(1) of FOIA (vexatious request). The Commissioner’s decision is that the request was vexatious and therefore SE was entitled to rely upon section 14(1) of FOIA. The Commissioner does not require any steps to be taken as a result of this decision. Information Tribunal FTT EA/2023/0382 appeal allowed.
Exemptions cited: FOI 14
View Sport England
17 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the intake, admissions and requirements for offers for a particular course at the University of Warwick (“the University”). The University refused the request on the basis of section 43 of FOIA – commercial interests. The Commissioner’s decision is that the University has correctly engaged the exemption and the balance of the public interest favours maintaining the exemption and withholding the information. The Commissioner does not require further steps.
Exemptions cited: FOI 43
View The University of Warwick
17 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested copies of emails relating to their previous FOIA request. Flintshire County Council (the Council) refused the request under section 36(2)(b)(ii) (inhibition to the free and frank exchange of views) of FOIA.The Commissioner’s decision is that the Council was entitled to rely on section 36(2)(b)(ii) of FOIA to refuse the request.The Commissioner does not require the Council to take any further steps.
Exemptions cited: FOI 36(2)(b)(ii)
View Flintshire County Council
17 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Cabinet Office for Boris Johnson’s diary for September 2021. The Cabinet Office responded by advising that they considered the request to be vexatious and therefore they refused to comply with it on the basis of section 14(1) of FOIA.The Commissioner’s decision is that the Cabinet Office was entitled to rely on section 14(1) to refuse to comply with the request.No steps are required.
Exemptions cited: FOI 14(1)
View Cabinet Office
17 Aug 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant submitted a request to the Cabinet Office for information relating to a meeting between the then HRH Prince Charles and the former Prime Minister Boris Johnson on 24 June 2022.The Commissioner’s decision is that, on the balance of probabilities, the Cabinet Office does not hold the requested environmental information and has therefore complied with regulation 12(4)(a) of the EIR. In respect of the information that is not environmental, the Commissioner has decided that, on the balance of probabilities, the information is not held. However, in failing to respond to the request within the statutory timescale, the Commissioner has determined that the Cabinet office has breached both section 10(1) of FOIA and regulation 5(2) of the EIR.The Commissioner does not require further steps as a result of this decision notice.
Exemptions cited: EIR 12(4)(a); EIR 5(2); FOI 1(1); FOI 10(1)
View Cabinet Office
17 Aug 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information NHS England about a specific document, that is no longer available on the NHS England website, but is referred to by other documents. The Commissioner’s decision is that NHS England breached section 10(1) of FOIA by failing to provide a valid response to the request within the statutory timeframe of 20 working days. The Commissioner requires NHS England to take the following steps to ensure compliance with the legislation. • NHS England must provide a substantive response to the request in accordance with its obligations under 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 10(1)
View NHS England
17 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the London Borough of Barking and Dagenham (“the Council”) in relation to a various number of topics. The Council refused to provide the requested information, citing section 12(1) of FOIA – cost of compliance exceeds the appropriate amount. The Commissioner’s decision is that the Council was entitled to refuse to comply with the request in accordance with section 12(1) of FOIA. The Commissioner also finds that the Council complied with its obligations under section 16 of FOIA to offer advice and assistance. The Commissioner does not require any steps to be taken as a result of this decision notice.
Exemptions cited: FOI 12(1); FOI 16
View Barking and Dagenham Council
17 Aug 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from Greater Manchester Police regarding its use of data, data-sharing, databases and risk assessment. The Commissioner’s decision is that NHS England breached section 10(1) of FOIA by failing to provide a valid response to the request within the statutory timeframe of 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. • Greater Manchester Police must provide a substantive response to the request in accordance with its obligations under 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 10(1)
View Greater Manchester Police
17 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Sport England (SE) regarding Clubmark accreditation and applications for Coronavirus Emergency Funding (CEF). SE refused the request under section 14(1) of FOIA (vexatious request). The Commissioner’s decision is that the request was vexatious and therefore SE was entitled to rely upon section 14(1) of FOIA. The Commissioner does not require any steps to be taken as a result of this decision. Information Tribunal FTT EA/2023/0384 appeal dismissed.
Exemptions cited: FOI 14
View Sport England
17 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about communications between Ofgem and The Times newspaper. Ofgem refused to comply with the request, citing section 12 (cost of compliance) of FOIA as its basis for doing so.The Commissioner’s decision is that Ofgem was entitled to refuse to comply with the request in accordance with section 12(1) of FOIA. The Commissioner also finds that Ofgem complied with its obligations under section 16 of FOIA, by offering appropriate advice and assistance.The Commissioner does not require Ofgem to take any further steps.
Exemptions cited: FOI 12(1); FOI 16
View Office of Gas and Electricity Markets
17 Aug 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; FOI 17
View Merseyside Police
16 Aug 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 NHS England
16 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested minutes of a 21 September 2022 meeting between Matt Hancock MP and the Chancellor of the Exchequer/Financial Secretary to the Treasury, and correspondence between the same parties between 1 August 2022 and 30 October 2022.HM Treasury withheld the requested information under section 35(1)(a)(formulation or development of government policy).The Commissioner’s decision is that HM Treasury correctly withheld the requested information under section 35(1)(a) and that the balance of the public interest favours maintaining the exemption.
Exemptions cited: FOI 35(1)(a)
View HM Treasury
16 Aug 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 Civil Procedure Rule Committee
16 Aug 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested expense receipts for Caroline Nokes MP. The Independent Parliamentary Standards Authority (IPSA) disclosed relevant information and withheld some under sections 31(1)(a), 38(1) and 40(2) of FOIA. These exemptions concern law enforcement, health and safety and personal data respectively. The Commissioner’s decision is that IPSA holds no further relevant information and has complied with section 1(1). IPSA is entitled to withhold some of the relevant information under sections 31(1)(a), 38(1) and 40(2) of FOIA. However, IPSA breached sections 10(1) and 17(1) of FOIA as its response to the request fell outside of the required timescales.The Commissioner doesn’t require IPSA to take any corrective steps.
Exemptions cited: FOI 1; FOI 10; FOI 17; FOI 31; FOI 38; FOI 40
View Independent Parliamentary Standards Authority
16 Aug 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information from the Health and Safety Executive (HSE) about safety incidents at CL4 laboratories. At the date of this notice HSE hasn’t provided a response to the request. The Commissioner’s decision is as follows: HSE has breached regulation 5 of the EIR as it hasn’t provided a valid response to the request within the statutory timeframe of 20 working days. The Commissioner requires HSE to take the following step to ensure compliance with the legislation:Provide a response to the complainant’s clarified request of 8 October 2021 that complies with the EIR.
Exemptions cited: EIR 5(2)
View Health and Safety Executive
16 Aug 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested The Crown Estate (TCE) to disclose all correspondence and communications between the King and TCE relating to wind farms/wind projects off the coast of the UK. TCE disclosed the recorded information it holds, with a small amount of information redacted under regulation 13 of the EIR. The complainant made no complaint about regulation 13 of the EIR but felt TCE must hold further recorded information to that provided. The Commissioner’s decision is that on the balance of probabilities TCE does not hold any further recorded information. The Commissioner is satisfied that TCE has complied with its obligations under regulation 5(1) of the EIR and therefore do not require any further action to be taken.
Exemptions cited: EIR 5(1)
View The Crown Estate