3 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
View Southend-on-Sea City Council
3 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 Medicines and Healthcare products Regulatory Agency
3 Aug 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested various information in respect of a particular planning application for a new vehicular access road with associated infrastructure. Swansea Council (the ‘council’) refused the request citing regulation 12(4)(d) (material in the course of completion) of the EIR. During the course of the Commissioner’s investigation, the council withdrew its reliance on this exception but sought to apply regulation 12(5)(d) (the confidentiality of proceedings) and regulation 12(4)(e) (internal communications) to the information. The Commissioner’s decision is that the council was entitled to rely on regulation 12(5)(d) and regulation 12(4)(e) to refuse the request.
Exemptions cited: EIR 12(4)(e); EIR 12(5)(d)
View Swansea Council
3 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
Summary wording for website: The complainant has requested information from Roundhay School (School) relating to the number students excluded or directed off site. The Commissioner’s decision is that, on the balance of probabilities, the school does not hold the requested information. The Commissioner does not require further steps.
Exemptions cited: FOI 1
3 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 Commission on Human Medicines
3 Aug 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about Oxfordshire County Council’s invitation to an expert to provide professional input to a committee on the matter of a local travel plan. The Council withheld the information under regulation 13 (Personal Data). The Commissioner’s decision is that the Council is entitled to withhold part of the information under regulation 13, but not the remainder. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Disclose the information specified in the confidential annex, subject to the allowed redactions under regulation 13.
Exemptions cited: EIR 13
View Oxfordshire County Council
3 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 Bromley Council
3 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about a complaints process. The above public authority refused the request as vexatious. The Commissioner’s decision is that the public authority was entitled to refuse the request as vexatious. The Commissioner does not require further steps to be taken.
Exemptions cited: FOI 14
View The Parliamentary and Health Service Ombudsman
2 Aug 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested all unpublished information associated with a particular planning application. Cotswold District Council (“the Council”) withheld information under regulations 12(4)(e) (internal communications), 12(4)(d) (material still in the course of completion), and 13 (personal data). The Commissioner’s decision is that the Council is entitled to withhold which it withheld under regulation 13, but has failed to demonstrate information should be withheld under regulation 12(4)(d) and regulation 12(4)(e).The Council is required to disclose the information withheld under 12(4)(d) and 12(4)(e).
Exemptions cited: EIR 12(4)(d); EIR 12(4)(e); FOI 13
View Cotswold District Council
2 Aug 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to certificates issued under section 275 of the Trade Union and Labour Relations (Consolidation) Act 1992. By the date of this notice the Foreign, Commonwealth & Development Office (“FCDO”) had not issued a substantive response to this request. The Commissioner’s decision is that the FCDO 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 FCDO to take the following step to ensure compliance with the legislation.The FCDO must provide a substantive response to the request in accordance with its obligations under FOIA. The FCDO 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
View Foreign, Commonwealth & Development Office
2 Aug 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has asked about the environmental standards of the Mayor of London’s cars. The above public authority (“the public authority”) relied on regulation 12(4)(a) (information not held) and regulation 13(1) (personal data) of the EIR.The Commissioner considers that, on the balance of probabilities, the public authority does not hold the information requested and regulation 12(4)(a) is engaged. The Commissioner did not, therefore, find it necessary to consider whether regulation 13 had been correctly applied.The Commissioner also finds that public authority did not properly discharge its duty under Regulation 10(1) of the EIR and hence has breached that regulation.The Commissioner does not require the public authority to take any further steps.
Exemptions cited: EIR 10(1); EIR 12(4)(a)
View Greater London Authority
2 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to a specific visit to their local authority that occurred in 2018. Ofsted disclosed some information but refused to disclose the rest, citing section 33 (audit functions) of FOIA. The Commissioner’s decision is that Ofsted is correct to withhold the outstanding information under section 33. The Commissioner does not require further steps.
Exemptions cited: FOI 33
View Office for Standards in Education, Children's Services and Skills
2 Aug 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested data relating to sewage spills. Anglian Water Services Limited (AWS) relied on regulation 12(4)(b) (manifestly unreasonable) and 12(5)(b) of the EIR (course of justice and inquiries) to withhold the information. The Commissioner’s decision is that the public authority 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 Anglian Water
2 Aug 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to housing from the Department for Levelling Up, Housing and Communities (‘the DLUHC’). The DLUHC said that it does not hold some of the information requested, and that section 21 applies to the majority of the information. The complainant argues that it does hold the relevant information, and he disputes that some of the information is available to him by other means. The Commissioner’s decision is that the DLUHC was not correct to state that it does not hold the relevant information. He has also decided that it was not correct to apply section 21 to the information. The Commissioner requires the DLUHC to take the following steps to ensure compliance with the legislation. To disclose the requested information to the complainant.
Exemptions cited: FOI 1(1); FOI 21
View Ministry of Housing, Communities and Local Government
1 Aug 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to SSSIs (Sites of Special Scientific Interest) from the Department for Environment, Food & Rural Affairs (Defra). Defra withheld the requested information under regulation 12(4)(e) - internal communications of the EIR - regarding part one of the request. At review, it stated that it did not hold information relating to part two of the request (regulation 12(4)(a)). The Commissioner’s decision is that, on the balance of probability, Defra does not hold any further information (not subject to an exception) falling within scope of the request. He also finds that Defra is entitled to withhold information under regulation 12(4)(e) of the EIR and that the public interest favours maintaining the exception. As Defra provided the complainant with environmental information to which they were entitled beyond the statutory time period, the Commissioner has found Defra in breach of regulation 5(2) of the EIR. In providing its internal review l
Exemptions cited: EIR 11(4); EIR 12(4)(a); EIR 12(4)(e); EIR 5(2)
1 Aug 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about badgers that had been killed. The above public authority relied on regulation 12(4)(a) of the EIR as it did not hold the requested information. The Commissioner’s decision is that, on the balance of probabilities, the public authority does not hold any information within the scope of the request. The Commissioner does not require further steps to be taken.Keywords: cull
Exemptions cited: EIR 12(4)(a)
View Forestry Commission
1 Aug 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant submitted a request to the Welsh Government for information relating to a telephone meeting between HRH Prince William and Rt Hon Mark Drakeford. The Commissioner’s decision is that, on the balance of probabilities, the Welsh Government does not hold the requested environmental information and therefore has complied with regulation 12(4)(a) of the EIR.The Commissioner does not require the Welsh Government to take any further steps as a result of this decision notice.
Exemptions cited: EIR 12(4)(a)
View Welsh Government
1 Aug 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from Kirby Muxloe Parish Council (the Council), regarding its involvement with an organisation called “A.V.G Solutions and Co.” The Commissioner’s decision is that; The Council, on the balance of probabilities, does not hold the requested information for questions 1-3 and 5. The Council, on the balance of probabilities, does not hold any further meeting minutes within the scope of the request. The Council was not entitled to rely on section 41 or section 43. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose the Confidentiality Extraordinaire and Data Processor Agreement. Appropriate redactions should be made to remove the signatures and mobile number on these documents, as this would be exempt under section 40(2). 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 writte
Exemptions cited: FOI 1; FOI 41; FOI 43
1 Aug 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on the causes of serious incidents. The above public authority denied holding the information. The Commissioner’s decision is that, on the balance of probabilities, the public authority does not hold the requested information. The Commissioner does not require further steps to be taken. Information Tribunal FTT EA/2023/0379 appeal dismissed.
Exemptions cited: FOI 1
View NHS England
1 Aug 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested, from the Crown Prosecution Service (‘the CPS’) information relating to whether any investigation is occurring regarding a missing page in a court document bundle. The CPS applied section 40(5) of FOIA and refused to confirm or deny whether it holds relevant information. The Commissioner’s decision is that the CPS was not correct to apply section 40(5) to neither confirm nor deny whether it holds relevant information. The Commissioner requires the CPS to take the following steps to ensure compliance with the legislation. To respond to the request again, without relying upon section 40(5).
Exemptions cited: FOI 40(5)
View Crown Prosecution Service
31 Jul 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)
31 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to judicial review proceedings. Government Legal Department (GLD) denied holding some of the requested information. It confirmed it held the remaining information within the scope of the request but refused to provide it, citing section 42(1) (legal professional privilege) of FOIA. The Commissioner’s decision is that GLD is entitled to rely on section 42(1) of FOIA to withhold the requested information in scope of parts 2-4 of the request. He also found that, on the balance of probabilities, GLD does not hold information within the scope of part 1 of the request.
Exemptions cited: FOI 1; FOI 42
View Government Legal Department
31 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Quayside Medical Practice (the Practice) relating to a wide range of matters. The Practice refused the request under section 14(1) of FOIA (vexatious requests). The Commissioner’s decision is that the request was vexatious and therefore the Practice was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require any steps.
Exemptions cited: FOI 14
31 Jul 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested various information from Swansea Council (the ‘Council’) in respect of their insurance claim against the Council. After initially refusing part of the request in reliance on regulation 12(5)(b) (the course of justice) of the EIR the Council subsequently disclosed the information to the complainant outside of the EIR, and on the understanding that they would not share it with anyone else. However, the complainant believes that the Council holds more information relevant to their request. The Commissioner’s decision is that the Council has complied with its obligations under regulation 5(1) of the EIR.
Exemptions cited: EIR 5(1)
View Swansea Council
31 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Ministry of Defence (MOD) for a copy of JSP 441. The Commissioner’s decision is that the request was vexatious and therefore the MOD was entitled to rely upon section 14(1) of FOIA to refuse it.The Commissioner does not require the MOD to take any further steps as a result of this decision notice.
Exemptions cited: FOI 14(1)
View Ministry of Defence
31 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the National Disability Strategy. The Cabinet Office refused the request as it considered that compliance with it would exceed the cost limit under section 12 FOIA.The Commissioner’s decision is that the Cabinet Office has correctly cited section 12(1) FOIA in response to the request. It has also complied with its duty to provide advice and assistance in line with the requirements of section 16 FOIA. The Commissioner does not require the Cabinet Office to take any steps.
Exemptions cited: FOI 12(1); FOI 16
View Cabinet Office
31 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested various information relating to the ‘Kent test’ results for 2022. Kent County Council (the Council) provided some information in response to the request but applied section 40(2) of FOIA (personal data) to withhold the rest. The Commissioner’s decision is that the exception at section 40(2) of FOIA is not engaged as the withheld information does not comprise personal data. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.The Council must disclose the information withheld under section 40(2) of the FOIA.
Exemptions cited: FOI 40(2)
View Kent County Council
31 Jul 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information concerning a complaint they had submitted about a particular property. Portsmouth City Council (the Council) initially stated that it did not hold any information other than that which was available on its website. At the time of its internal review the Council disclosed information relevant to the request, subject to some information being redacted under regulation 13 (personal data) of the EIR. The complainant disputed that the Council has disclosed all relevant documents and also the information that it redacted from the documents disclosed. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold any further information other than the information it has disclosed and withheld. The Commissioner has also determined that some of the information which has been withheld constitutes the complainant’s own personal data and is exempt under regulation 5(3) of the EIR. Finally the Commissioner finds that the Council
Exemptions cited: EIR 13; EIR 5(1); EIR 5(3)
View Portsmouth City Council
28 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Department for Work and Pensions (DWP), in the form of guidance and documents used by assessors when reviewing personal independent payments (PIP) applications. The Commissioner’s decision is that the DWP 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(1)
View Department for Work and Pensions
28 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested specific legal advice. The ICO denied holding the requested information. The Commissioner’s decision is that, on the balance of probabilities, the ICO doesn’t hold the requested information. The Commissioner does not require further steps.
Exemptions cited: FOI 1
View Information Commissioner
28 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested data about hospital transfers. The Commissioner’s decision is that the above public authority failed to respond to the request within 20 working days and has therefore breached section 10 of FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a substantive response, under FOIA, to the request.
Exemptions cited: FOI 10
View South East Coast Ambulance Service NHS Foundation Trust
28 Jul 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested signalling diagrams. Network Rail (‘NR’) withheld the requested information, citing regulation 12(5)(b) (manifestly unreasonable) of the EIR. The Commissioner’s decision is that to comply with the request would impose a grossly oppressive burden on NR and it’s entitled to refuse the request under regulation 12(5)(b). The Commissioner does not require further steps.
Exemptions cited: EIR 12(5)(b); EIR 9
View Network Rail
28 Jul 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested data relating to sewage spills. Northumbrian Water Limited (NWL) relied on regulation 12(5)(b) of the EIR (course of justice) to withhold the information. The Commissioner’s decision is that the public authority 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 Northumbrian Water
28 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Home Office in relation to phone sim cards provided to asylum seekers. The Home Office refused to provide the requested information, citing section 43(2) of FOIA – commercial interests. The Commissioner’s decision is that the withheld information engages section 43(2) and that the public interest lies in maintaining the exemption. The Commissioner does not require any steps to be taken as a result of this decision notice.
Exemptions cited: FOI 43(2)
View Home Office
27 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Southend-on-Sea City Council relating to its general policies on Care Plans and Reviews and Social Care Files.The Commissioner’s decision is that Southend-on-Sea City Council 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(1)
View Southend-on-Sea City Council
27 Jul 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 University of Bedfordshire
27 Jul 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information regarding planning and dust complaints. Harrow Council refused to provide the requested information on the grounds that the requests were manifestly unreasonable (Regulation 12(4)(b)).The Commissioner’s decision is that Harrow Council has failed to persuade him that the requests were manifestly unreasonable.
Exemptions cited: EIR 12(4)(b)
View Harrow Council
27 Jul 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from Oxford City Council (‘the Council’) about decisions made by Oxford Direct Services (‘ODS’) relating to furlough. The council applied section 12(1) to refuse the request (appropriate limit). During the course of the Commissioner's investigation the council disclosed some information, but it retained its reliance on section 12 on the basis that it had now exceeded the appropriate limit. It also applied section 40(2) to redact some information from that it disclosed. The Commissioner’s decision is that the council was correct to refuse to comply with the request in accordance with section 12(1). He has also decided that it was correct to apply section 40(2) to redact information from that it disclosed. However, he finds that the council did not provide reasonable advice and assistance and therefore failed to meet its obligations under section 16(1) of FOIA. He has also decided that it failed to comply with section 10(1) of FOIA. The Commissioner
Exemptions cited: FOI 10; FOI 12; FOI 16; FOI 40(2)
View Oxford City Council
27 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Police Service of Northern Ireland (PSNI) information about the procedures relating to the interaction between the Policing Board, Armagh City Banbridge and Craigavon Council. PSNI determined the request to be vexatious and refused it under section 14(1) of FOIA. The Commissioner’s decision is that the request was vexatious and therefore PSNI was entitled to rely on section 14(1) of FOIA to refuse to comply with the request for information. The Commissioner does not require PSNI to take any steps as a result of this decision.
Exemptions cited: FOI 14(1)
View Police Service of Northern Ireland
27 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to Creative Industries Independent Standards Authority (CIISA). Channel Four Television Corporation (‘Channel 4’) withheld the requested information, citing section 36 (prejudice to the effective conduct of public affairs) of FOIA. The Commissioner has decided that section 36 is engaged and the public interest lies in maintaining the exemption. The Commissioner does not require further steps.
Exemptions cited: FOI 36
View Channel 4
27 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The Commissioner’s decision is that the BBC 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
View BBC
27 Jul 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from Ark Pioneer Academy (the academy) relating to a programme provided by Beyond Equality. The academy disclosed the recorded information it holds and confirmed for some elements that it does not hold the requested information. The Commissioner’s decision is that on the balance of probabilities the academy has disclosed all the recorded information it holds and has therefore met its obligations under FOIA. He has however recorded a breach of section 1 and 10 of FOIA. The Commissioner does not require any remedial steps to be taken.
Exemptions cited: FOI 1; FOI 10
View THE PIONEER ACADEMY
27 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a specified file from the Metropolitan Police Service (‘MPS’). MPS had previously disclosed some information from the file to the complainant, however it refused to disclose the remainder, citing sections 23(1) and 31(1)(a) of FOIA as a basis for non-disclosure.The Commissioner’s decision is that MPS has correctly applied section 23(1) to the complainant’s request. As he is satisfied that this applies in full, he has not considered MPS’ application of section 31(1)(a).Therefore the Commissioner requires no steps to be taken by MPS.
Exemptions cited: FOI 23
View Metropolitan Police Service
27 Jul 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested DHSC to provide any information which confirms whether or not West Essex Primary Care Trust (the PCT) sought or obtained any guidance from the Department of Health (DoH) prior to terminating the child only dental contracts in April 2008. Initially DHSC said that it held the information and proceeded to document that information in its response to the complainant. During the Commissioner’s investigation DHSC altered its position and said that it does not hold the requested information. The Commissioner’s decision is that on the balance of probabilities DHSC does not hold the requested information. He has however recorded a breach of section 17 of FOIA for failing to issue a refusal notice stating that fact within 20 working days of receipt. The Commissioner does not require any further action to be taken.
Exemptions cited: FOI 1; FOI 17
View Department of Health and Social Care
26 Jul 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from NHS England in relation to correspondence in which Evusheld is mentioned. NHS England advised that is does not hold any further requested information. The Commissioner’s decision is that, on the balance of probabilities, NHS England does not hold any further information within the scope of the request. As NHS England failed to provide a substantial response within 20 working days, it has breached section 10 of FOIA. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
Exemptions cited: FOI 1; FOI 10(1)
View NHS England
26 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from Ofcom in relation to salary ranges within its constituent groups. The Commissioner’s decision is that Ofcom has correctly applied section 40(2) of FOIA – personal information. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
Exemptions cited: FOI 40(2)
View Ofcom
26 Jul 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested background information on Shropshire Council’s (‘the Council’) handling of the objections it has received to a proposed relief road for which it is the planning applicant. The Council refused the request on the grounds that it engaged regulation 12(4)(b) (Manifestly unreasonable request) of the EIR, due to burden. However, it referred the complainant to information on its planning portal that related to the general matters covered by the request. The Commissioner’s decision is that the Council was entitled to rely on regulation 12(4)(b) of the EIR to refuse the request. However, it breached regulation 9(1) of the EIR by not providing appropriate advice and assistance. The Commissioner requires the Council to disclose to the complainant the internal document it has identified to the Commissioner as being of likely further assistance, with appropriate redactions for any personal data and to provide the complainant with appropriate advice and assistance on ho
Exemptions cited: EIR 12(4)(b); EIR 9(1)
View Shropshire Council
26 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested background information about the public and private areas of a particular town hall. South Tyneside Council (‘the Council’) said that it held floor plans showing public and private areas, but they were exempt from disclosure under sections 31(1)(a) (Law enforcement) and 38 (Health and safety) of FOIA. It said that it did not hold recorded information on who had decided how the town hall should be split into public and private areas, or when the decision had been made. The Commissioner’s decision is that the Council was entitled to apply section 31(1)(a) to withhold the floor plans. He also finds that, on the balance of probabilities, the Council does not hold recorded information on who made the decision to designate certain areas of the building as either public or restricted access, or when the decision was taken.
Exemptions cited: FOI 1; FOI 31
View South Tyneside Council
26 Jul 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information relating to a planning application. Welwyn Hatfield Borough Council (the “council”) disclosed some information and withheld other information under the exception for internal communications (regulation 12(4)(e)). The Commissioner’s decision is that the council correctly applied regulation 12(4)(e) to the withheld information but that it failed to carry out an internal review within the statutory time limit and breached regulation 11(4).The Commissioner does not require the council to take any steps.
Exemptions cited: EIR 11(4); EIR 12(4)(e)
View Welwyn Hatfield Borough Council
26 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the Department for Levelling Up, Housing & Communities (“DLUHC”) relating to the proposed Holocaust Memorial Learning Centre. The DLUHC relied on section 12 (cost limit) of FOIA to refuse the request.The Commissioner’s decision is that the DLUHC was entitled to refuse to comply with the request in accordance with section 12(1). The Commissioner finds that the DLUHC complied with its obligations under section 16 of FOIA to offer advice and assistance.The Commissioner does not require any steps to be taken by DLUHC.
Exemptions cited: FOI 12(1)
View Ministry of Housing, Communities and Local Government