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
25 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested any minutes and notes relating to meetings held between the Council and a business. Leeds City Council withheld the information under section 43(2) (Commercial interests) of FOIA. The Commissioner’s decision is that the Council is entitled to withhold the information under section 43(2). The Commissioner does not require further steps.
Exemptions cited: FOI 43(2)
View Leeds City Council
25 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested minutes of a meeting concerning the awarding of the Arctic Star military campaign medal The Commissioner’s decision is that section 37(1)(b) is engaged to the entirety of the withheld information but that the balance of the public interest favours disclosure of the information. Information Tribunal appeal EA/2023/0376 appeal withdrawn.
Exemptions cited: FOI 37
View Cabinet Office
25 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about electronic passport gates (eGates) at Heathrow Airport. The Home Office refused the request under section 31(1)(e) of FOIA (the law enforcement exemption). The Commissioner’s decision is that section 31(1)(e) is engaged and that the public interest favours maintaining the exemption. The Commissioner does not require any further steps in response to this decision notice. Information Tribunal FTT appeal EA/2023/0351 withdrawn.
Exemptions cited: FOI 31
View Home Office
25 Jul 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested from the Foreign, Commonwealth & Development Office (the ‘FCDO’) all information associated with its visit to the University of Southampton in 2018 regarding an archive containing the papers of 1st Earl Mountbatten and Countess Mountbatten. The FCDO disclosed some documents but sought to withhold personal data under section 40(2) FOIA. The complainant believes that the FCDO holds further information falling within the scope of the request. The Commissioner’s decision is that, on the balance of probabilities, the FCDO has disclosed all the information falling within the scope of the request and has complied with section 1(1) of FOIA. In addition, the Commissioner also considers that section 40(2) of FOIA has been correctly applied. However, the FCDO breached section 17(3) of FOIA given the time it took complete its public interest test considerations before issuing a substantive response to the request. The Commissioner does not require the public authority
Exemptions cited: FOI 1; FOI 17(3); FOI 40(2)
View Foreign, Commonwealth & Development Office
25 Jul 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested from Leeds City Council (the Council) information regarding the A660 Cycleway Scheme and the consultation process around this. The Council refused the request and cited regulation 12(4)(b) (manifestly unreasonable) of the EIR.The Commissioner’s decision is that the Council was entitled to rely on regulation 12(4)(b) of the EIR to refuse to comply with 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/2023/0354 appeal dismissed.
Exemptions cited: EIR 12(4)(b)
View Leeds City Council
25 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant submitted a request to Department for Levelling Up, Housing & Communities (DLHUC) seeking copies of equalities information it provided to HM Treasury in relation to the 2020 spending review, along with information about any guidance which accompanied this process. DLUHC confirmed that it held information falling within the scope of the request but explained that it considered this to be exempt from disclosure on the basis of section 35(1)(a) (formulation or development of government policy) of FOIA and that the public interest favoured maintaining the exemption. The Commissioner’s decision is that the withheld information is exempt from disclosure on the basis of section 35(1)(a). However, the Commissioner has decided that the public interest in disclosing the information outweighs the public interest in maintaining the exemption. Information Tribunal FTT EA/2023/0378 appeal dismissed.
Exemptions cited: FOI 35(1)(a)
View Ministry of Housing, Communities and Local Government
25 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant submitted a request to HM Treasury (HMT) seeking copies of equalities information provided by the Department of Health and Social Care to HMT in relation to the 2020 spending review. HMT disclosed an extract from the requested information but argued that the remainder of it was exempt from disclosure on the basis of section 35(1)(a) (formulation or development of government policy) and that the public interest favoured maintaining the exemption. The Commissioner’s decision is that the withheld information is exempt from disclosure on the basis of section 35(1)(a). However, the Commissioner has decided that the public interest in disclosing the information outweighs the public interest in maintaining the exemption. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0377 appeal dismissed.
Exemptions cited: FOI 35(1)(a)
View HM Treasury
25 Jul 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from the Foreign, Commonwealth and Development Office (FCDO) relating to the awarding of the Queen’s honours. The FCDO disclosed some information to the complainant with further information redacted on the basis of section 37(1)(b) (honours) and section 40(2) (personal data) of FOIA. The Commissioner’s decision is that the parts of the information to which the FCDO have applied section 37(1)(b) fall within the scope of this exemption but that the public interest in disclosing the information outweighs the public interest in maintaining the exemption. He has however concluded that section 40(2) provides a basis to withhold the information to which this exemption has been applied.
Exemptions cited: FOI 37; FOI 40
View Foreign, Commonwealth & Development Office
25 Jul 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to a specific care home. Southern Health and Social Care Trust (the Trust) responded that part of the request was not a request for recorded information. It relied on section 40(2) of the FOIA to withhold the information in relation to the rest of the request. The complainant disputed the Trusts refusal to provide the information to part 1 of their request. The Commissioner’s decision is that the Trust was correct to rely on section 40(2) of the FOIA to refuse to provide the information to part 1 of the request in relation to the residents (service users). However he finds that section 40(2) of the FOIA is not engaged to the information to part 1 of the request in relation to the staff members. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation. Provide the complainant with the information requested to part 1 of the request in relation to the staff members. The Trust must take thes
Exemptions cited: FOI 40
View Southern Health and Social Care Trust
25 Jul 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information from Bath and North East Somerset Council (‘the council’) relating to a planning issue. The council refused to comply with the request citing Regulation 12(4)(b) of the EIR (manifestly unreasonable request). The Commissioner’s decision is that the council was not correct to apply Regulation 12(4)(b) to refuse to respond to the request further. The Commissioner requires the council to take the following steps to ensure compliance with the legislation. To respond to the complainant's request again, without relying upon Regulation 12(4)(b).
Exemptions cited: EIR 12(4)(b)
View Bath and North East Somerset Council
25 Jul 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information relating to a specific planning application. Herefordshire Council (the “council”) disclosed some information and withheld other information under the exceptions for internal communications (regulation 12(4)(e)) and the course of justice (regulation 12(5)(b)). The Commissioner’s decision is that the council correctly applied regulation 12(4)(e) to the withheld information. The Commissioner does not require the council to take any steps. Information Tribunal FTT EA/2023/0374 appeal allowed in part.
Exemptions cited: EIR 12(4)(e)
View Herefordshire Council
24 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from the Department for Levelling Up, Housing and Communities information relating to unsuccessful bids for the ‘Levelling Up Fund’. The DLUHC withheld the requested information under section 35(1)(a) (formulation or development of government policy) of FOIA. The Commissioner’s decision is that the DLUHC was entitled to withhold the requested information under section 35(1)(a). The Commissioner does not require the DLUHC to take any steps.
Exemptions cited: FOI 35(1)(a)
View Ministry of Housing, Communities and Local Government
24 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
24 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested an unredacted copy of a reprimand issued to the Ministry of Justice. The Information Commissioner’s Office (ICO) relied on section 44 of FOIA to withhold the requested information, which concerns statutory prohibition on disclosure. The Commissioner’s decision is that the ICO is entitled to rely on section 44(1) of FOIA to withhold the information. It’s not necessary for the ICO to take any corrective steps.
Exemptions cited: FOI 44
View Information Commissioner
24 Jul 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from Plymouth City Council (the Council) relating to Mount Edgcumbe Garden Battery and Plymouth Sound National Marine Park. The Council refused to comply with part of the request citing section 12 (cost limit) of FOIA. 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. However, the Commissioner finds that the Council did not comply with its obligations under section 16 and section 17 of FOIA. The Commissioner requires the Council to provide advice and assistance in accordance with its obligations under section 16 of FOIA within 35 calendar days.
Exemptions cited: FOI 12; FOI 16; FOI 17
View Plymouth City Council
24 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about a named hotel used to house migrants. The Home Office neither confirmed nor denied holding the requested information, citing section 38(2) (health and safety) of FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 38(2) to refuse to confirm or deny whether it holds any information falling within the scope of the request. No steps are required as a result of this decision.
Exemptions cited: FOI 38
View Home Office
21 Jul 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 Brecon Beacons National Park Authority
21 Jul 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about a proposed NFT scheme being considered by the United Kingdom Government. The Commissioner’s decision is that the public authority was entitled to rely on section 35 to withhold some of the requested information. The Commissioner has also decided that the public authority should have dealt with part of the request under the EIR. The public authority has breached regulation 14 of the EIR by failing to rely on an EIR exception within 20 working days of the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the EIR . Confirm or deny whether it holds requested environmental information. If, and to the extent that it does hold such information, it must either disclose that information or issue a refusal notice that complies with regulation 14 of the EIR.
Exemptions cited: EIR 14; FOI 35
View HM Treasury
21 Jul 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information produced by a unit called Policy Lab. The above public authority relied on regulation 12(4)(a) of the EIR to refuse the request as it did not hold the information for the purposes of the EIR. The Commissioner’s decision is that the public authority does not hold the information for the purposes of the EIR and is thus entitled to rely on regulation 12(4)(a) of the EIR. The Commissioner does not require further steps to be taken.
Exemptions cited: EIR 12(4)(a); EIR 3
View Department for Education
21 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on complaints about a named surgeon. Gateshead Health NHS Foundation Trust (‘the Trust’) withheld the information under section 40(2) of FOIA as it considers it to be someone else’s personal information. The Commissioner’s decision is that the Trust correctly applied section 40(2) of FOIA to the requested information. It’s not necessary for the Trust to take any corrective steps.
Exemptions cited: FOI 40
View Gateshead Health NHS Trust
21 Jul 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information on the assessments made by West Yorkshire Combined Authority (the Combined Authority) about several projects and information on how the assessments were used to make decisions on pausing some of the projects. The Combined Authority provided a spreadsheet but stated no further information was held. The Commissioner’s decision is that on the balance of probabilities, the Combined Authority holds further information within the scope of the request. The Commissioner requires the Combined Authority to issue a fresh response to the request following searches aimed at identifying all information held within the scope of the request.
Exemptions cited: EIR 12(4)(a)
View West Yorkshire Combined Authority
21 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to ‘A’ level Art and Design results for 2019 and 2022 from Oxford, Cambridge and RSA Examinations Ltd (OCR). OCR stated that part three of the request would exceed the fees limit (section 12 of FOIA) and withheld the information relating to parts one and two under section 43(2) of FOIA – commercial interests. The Commissioner’s decision is that section 43(2) of FOIA is not engaged. The Commissioner requires OCR to take the following steps to ensure compliance with the legislation.Disclose the requested information withheld under section 43(2) of FOIA to the complainant. Information Tribunal FTT EA/2023/0370 appeal dismissed.
Exemptions cited: FOI 43(2)
20 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about a decision the University of Essex had made. The University of Essex (‘the University’) disclosed some information and withheld the remainder under sections 40(2), 41(1) and 42(1) of FOIA. These exemptions concern personal data, information provided in confidence and legal professional privilege respectively. The Commissioner’s decision is that the University is entitled to withhold information the complainant has requested under section 40(2) and 42(1) of FOIA. It’s not necessary for the University to take any corrective steps.
Exemptions cited: FOI 40; FOI 42
View The University of Essex
20 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Cabinet Office for information relating to the accidental shooting down of Iran Air flight 655 by the USS Vincennes on 3 July 1988.The Commissioner’s decision is that, on the balance of probabilities, the Cabinet Office does not hold any information within the scope of the request and has therefore complied with section 1(1) of FOIA.
Exemptions cited: FOI 1(1)
View Cabinet Office
20 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from Essex County Council (“the Council”) in relation to the DigiGo operation and the original area in which it covered. The Council refused to provide the information, citing section 12 of FOIA – cost of compliance exceeds the appropriate limit. The Commissioner’s decision is that the Council has correctly applied section 12(1) to refuse the request and has met the requirements of section 16 of FOIA. The Commissioner requires does not require the Council to take any steps as a result of this decision notice.
Exemptions cited: FOI 12(1); FOI 16
View Essex County Council
20 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information regarding the anonymised workings out for a recent Gender Pay Gap report. London Borough of Enfield (“the Council”) disclosed some information but refused the request for anonymised data citing section 12(1) (cost of compliance) of FOIA. The Commissioner’s decision is that the Council was entitled to rely on section 12(1) of FOIA, in response to the whole of the request. It has also complied with its duty to provide advice and assistance in line with the requirements of section 16 of FOIA. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 12(1)
View Enfield Council
20 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested evidence used by the Valuation Office Agency (“the VOA”) to determine house sales prices in a specific area. The VOA stated that it held information within scope of the request but refused to disclose it with reliance on section 44(1)(a)(prohibitions on disclosure) of FOIA. The Commissioner’s decision is that the VOA are entitled to rely on section 44(1)(a) to withhold the requested information. The Commissioner does not require further steps.
Exemptions cited: FOI 44(1)(a)
View Valuation Office Agency
20 Jul 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 South Kesteven District Council
19 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about the use of privately held email accounts by the current Home Secretary, Ms Suella Braverman, while serving as Attorney General. The Attorney General’s Office (AGO) refused to comply with the request, citing sections 14(1) (vexatious request) and 12(2) (cost of compliance) of FOIA. The Commissioner’s decision is that the AGO has failed to demonstrate that section 14(1) is engaged and is therefore not entitled to rely on this exemption to refuse to comply with the request. Nor has it demonstrated that section 12(2) is engaged and so is not entitled to rely on this exemption to neither confirm nor deny whether it holds the requested information. The Commissioner requires the AGO to take the following step to ensure compliance with the legislation: issue a fresh response to the complainant that does not rely on either section 14(1) or 12(2).
Exemptions cited: FOI 12; FOI 14
View Attorney General's Office
19 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 Health and Safety Executive
19 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a copy of the food hygiene inspection report for a restaurant. Dover District Council (“the Council”) refused the request citing section 30(1)(b) (investigations and proceedings conducted by public authorities) of FOIA. The Commissioner’s decision is that the Council was entitled to rely on section 30(1)(b) of FOIA to refuse to provide the requested information. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 30(1)
View Dover District Council
19 Jul 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about marine pilotage and the Maritime Minister from the Department for Transport (DfT). The Commissioner’s decision is that, on the balance of probabilities, DfT doesn’t hold the information requested in parts 1 and 3 of the request and complied with section 1(1)(a) of FOIA. However, DfT breached section 10(1) of FOIA as it failed to comply with section 1 within 20 working days of receiving the request. It’s not necessary for DfT to take any corrective steps.
Exemptions cited: FOI 1; FOI 10
View Department for Transport
19 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about London Borough of Redbridge (the Council) making contact with their neighbour. The Council refused to comply with the request, citing section 40(2) (personal information) of FOIA as its basis for doing so.The Commissioner’s decision is that the Council was entitled to refuse to disclose the requested information by virtue of section 40(2) of FOIA.The Commissioner does not require the Council to take any further steps.
Exemptions cited: FOI 40(2)
View Redbridge Council
19 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a four-part request for information relating to clinical targets the University of Birmingham (“the UoB”) may have set. For parts one and two the UoB supplied external links to the General Dental Council’s (GDC) website citing section 21(1) of FOIA and refused to release any further information in scope of the request citing section 43(2) of FOIA to withhold the information. The Commissioner’s decision is that the UoB was entitled to engage section 21(1) of FOIA to information available in the public domain on the GDC’s website, and that the withheld information engages section 43(2) of FOIA and the public interest favours maintaining the exemption. No steps are required as a result of this decision.
Exemptions cited: FOI 21; FOI 43(2)
View The University of Birmingham
19 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Cambridge University Hospitals NHS Foundation Trust (“the Trust”) about funding for a pilot post. The Trust cited section 43 of FOIA to withhold the requested information. However, the trust withdrew its reliance on section 43 of FOIA at internal review and disclosed the information it held in scope of the request. The Commissioner’s decision is that, on the balance of probabilities, the Trust does not hold any further information in scope of the request. The Commissioner does not require any steps to be taken as a result of this decision.
Exemptions cited: FOI 1(1)
View Cambridge University Hospitals NHS Foundation Trust
19 Jul 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested letters of complaint received by the Lake District National Park Authority (LDNPA) relating to Gaynor Sports and air conditioning enforcement. LDNPA provided information to the complainant but stated that it did not hold any further complaint letters. The Commissioner’s decision is that LDNPA has complied with its obligations under section 1(1)(a) of FOIA and provided all the information it holds within the scope of the request. The Commissioner does not require further steps.
Exemptions cited: EIR 12(4)(a)
View Lake District National Park Authority
19 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from the Foreign, Commonwealth & Development Office (FCDO) copies of transcripts of the flights recordings of the Malaysian Airlines flight MH17 that was brought down over eastern Ukraine in July 2014, and whether copies were passed to the Dutch investigating authorities. The FCDO provided some of the requested information to the complainant but confirmed that it did not hold any information in relation to other parts of the request.The Commissioner’s decision is that, on balance of probabilities, the public authority did not hold any more information falling within the scope of the request beyond that disclosed to the complainant.Consequently, the Commissioner does not require any further steps from the public authority in relation to this complaint.
Exemptions cited: FOI 1
View Foreign, Commonwealth & Development Office
19 Jul 2023Complaint partially upheldFreedom of Information Act 2000
Summary wording for website: The complainant requested information about processing timelines for visa extensions. The Home Office relied on section 12 (cost of compliance) of FOIA to refuse the request. The Commissioner’s decision is that the Home Office has properly relied on section 12(1). However, he finds a breach of section 16 (advice and assistance) of FOIA. The Commissioner requires the Home Office take the following step to ensure compliance with the legislation: provide the complainant with advice and assistance, as far as it is reasonable to do so, in accordance with section 16 of FOIA.
Exemptions cited: FOI 12; FOI 16
View Home Office
19 Jul 2023Complaint partially upheldEnvironmental Information Regulations 2004
Summary wording for website: The complainant requested information relating to the London Borough of Lewisham’s (the “Council’s”) decision not to fit doubleglazed windows to the complainant’s building in 1995. The Commissioner’s decision is that the Council failed to identify that the information sought by the request falls under the Environmental Information Regulations 2004 (“EIR”). However, the Commissioner’s decision is that, on the balance of probabilities, the Council does not hold the requested information and has therefore discharged its duty under regulation 5(1) of the EIR. However it did not issue a refusal notice that complied with regulation 14(3)(a) as the request should have been refused relying on the exception in regulation 12(4)(a) of EIR (information is not held). In addition, the Council did not properly discharge its duty under regulation 10(1) of the EIR (transferring a request). The Commissioner does not require the Council to take any steps.
Exemptions cited: EIR 10(1); EIR 12(4)(a); EIR 14(3)(a)
View Lewisham Council
18 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information regarding meetings held between the Department for Work and Pensions (DWP) and Maximus UK Service Limited (CHDA). DWP refused to comply with the request on the basis of section 14(1) as it considered that the burden of complying with the request was grossly oppressive. The Commissioner’s decision is that DWP has not demonstrated that section 14(1) is engaged in relation to this request. The Commissioner requires DWP to provide a fresh response to the request that does not rely on section 14(1) of 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 14
View Department for Work and Pensions
18 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 Somerset Council
18 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Business Services Organisation (BSO) for information relating to the general legality of personal data sharing as part of the Northern Ireland Electronic Care Record.The Commissioner’s decision is that BSO was entitled to rely on section 12(1) of FOIA to refuse the request and that it also met its obligations under section 16(1) of FOIA.
Exemptions cited: FOI 12(1); FOI 16
18 Jul 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from Roehampton Church School (“the School”) copies of the annual accounts and meeting minutes from 2018 to the date of the request. The School responded by stating that the request was a repeat of another request recently received and cited section 14(1) of FOIA (vexatious request) to refuse the request. The Commissioner’s decision is that the School has failed to provide sufficient evidence to support its claim that section 14(1) of FOIA is engaged. The Commissioner requires the School to take the following step to ensure compliance with the legislation. Either disclose the withheld information or issue a fresh response to the request that does not rely on section 14 of FOIA. The School 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 the Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 14(1)
18 Jul 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested geospatial or mapping data on all land owned and or managed by the Welsh Government and Welsh local authorities. Welsh Government (“WG”) advised that it does not hold the information.The Commissioner’s decision is that WG should have dealt with the request under the EIR and therefore were entitled to rely on regulation 12(4)(a) of EIR. The Commissioner considers that on the balance of probabilities, WG does not hold the information requested and regulation 12(4)(a) is engaged. The Commissioner does not require WG to take any steps.
Exemptions cited: EIR 12(4)(a)
View Welsh Government
18 Jul 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested, from Pembrokeshire County Council (“the Council”), a copy of an audit report produced in relation to processes relating to a redevelopment project at South Quay. The Council refused to provide a copy of the report, citing regulation 12(4)(e) (internal communications) and regulation 12(5)(f) (interests of the information provider) as its bases for doing so. The Commissioner’s decision is that the Council is entitled to rely on regulation 12(4)(e) to withhold all of the withheld information, he therefore has not gone on to consider the Council’s application of regulation 12(5)(f). The Commissioner does not require the Council to take any steps. Information Tribunal FTT EA/2023/0367 appeal allowed. Information Tribunal UT UA-2024-000191-GIA PTA refused.
Exemptions cited: EIR 12(4)(e)
View Pembrokeshire County Council
17 Jul 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested background information relating to the “Civil Service Diversity and Inclusion Strategy: 2022 to 2025” from the Cabinet Office. The Cabinet Office provided some information but withheld the remainder citing sections 35(1) (Formulation of Government policy) and 40(2) (Personal information) of FOIA. The complainant queried the small amount of information that had been considered and the Cabinet Office then applied section 12(1) (Cost of compliance) to the request. The Commissioner’s decision is that the Cabinet Office failed to complete its deliberations on the balance of the public interest within a reasonable time and therefore breached section 17(3) of FOIA. He also finds that the Cabinet Office was entitled to rely on section 12(1) and that there was no breach of section 16(1) (Advice and assistance). No steps are required.
Exemptions cited: FOI 12; FOI 16; FOI 17
View Cabinet Office
17 Jul 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested, from Flintshire County Council (the Council), information about communication between the Council and the site owner of a residential park, relating to the land. The complainant wanted information “particularly in relation to applications for a site licence and enforcement of the conditions of the site licence”. The Council handled the request under the EIR and refused to provide any information, citing (in its internal review) regulation 12(5)(b) and 12(4)(e) (the course of justice and internal communications exceptions). The exception that the complaint focuses on is regulation 12(5)(b). The Commissioner’s decision is that the Council is entitled to withhold information under regulation 12(5)(b). However he also finds that the Council breached regulation 11(4) because it took more than 40 working days to provide its internal review. The Commissioner does not require any steps as a result of this decision notice.
Exemptions cited: EIR 11(4); EIR 12(5)(b)
View Flintshire County Council
17 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made six requests on the subject of how the Home Office manages migrant vessels in the Channel, received over an eight day period in February 2023. The Home Office aggregated the requests, as they were similar in context and overall scope, and refused to provide any of the requested information on the basis that to do so would exceed the cost of compliance (section 12(1) of FOIA). The Commissioner’s decision is that the Home Office was entitled to aggregate the requests under section 12(4) of FOIA and has properly relied on section 12(1) of FOIA to refuse the requests. The Commissioner considers that the Home Office has complied with its obligations under section 16(1) of FOIA to provide adequate advice and assistance. The Commissioner does not require any steps to be taken as a result of this notice.Keywords: Aggregation, small boats, crossings
Exemptions cited: FOI 12; FOI 16
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17 Jul 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to Binance and cryptocurrency from the Financial Conduct Authority (“FCA”). The FCA stated that it did not hold information within the scope of question 1 of the complainant’s request and refused to disclose the information in question 2 (“the withheld information”) under section 44(1)(a) FOIA (prohibitions on disclosure).The Commissioner’s decision is that the FCA has correctly applied section 44(1)(a) of FOIA in this case.The Commissioner requires no steps to be taken.
Exemptions cited: FOI 44
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