29 Jun 2023Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a request to the Cabinet Office seeking briefings provided to Michael Gove, prior to his appearance before the Public Administration and Constitutional Affairs Committee in December 2020, which referred to the Clearing House. She also sought copies of any notes taken during the committee by officials or Mr Gove on the same subject. The Cabinet Office provided copies of notes taken that were held. However, it withheld information from a briefing document on the basis of sections 36(2)(b)(i) and (c) of FOIA arguing that the public interest favoured maintaining these exemptions. The complainant challenged this decision and also questioned whether additional briefing material was held. The Commissioner’s decision is that the Cabinet Office has located all of the briefing material falling within the scope of the request. The Commissioner has also decided that whilst the withheld information is exempt from disclosure on the basis of sections 36(2)(b)(i) and (c), the
Exemptions cited: FOI 1; FOI 36
View Cabinet Office
29 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to a chemical factory in Rabta, Libya. The Cabinet Office cited section 12(2) (cost of compliance exceeds appropriate limit) of FOIA to neither confirm nor deny that it holds information within the scope of the request.The Commissioner’s decision is that the Cabinet Office was entitled to rely on section 12(2) of FOIA. The Commissioner also finds that the Cabinet Office met its obligations under section 16 of FOIA by providing appropriate advice and assistance.The Commissioner does not require the Cabinet Office to take any further steps on this matter.
Exemptions cited: FOI 12(2); FOI 16
View Cabinet Office
29 Jun 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 University College London Hospitals NHS Foundation Trust
29 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that the complainant’s requests for information associated with Holland Park School are vexatious requests under section 14(1) of FOIA and the Department for Education (DfE) is not obliged to comply with them. It is not necessary for DfE to take any corrective steps.
Exemptions cited: FOI 14
View Department for Education
29 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Cheshire East Council (“the Council”) about per capita spend by the Council by geographical area. The Councils position is that it does not hold the information requested. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold the information requested. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 1(1)
View Cheshire East Council
29 Jun 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 Environment Agency
29 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that complainant’s requests for information associated with Holland Park School are vexatious requests under section 14(1) of FOIA and the Department for Education (DfE) is not obliged to comply with them. It is not necessary for DfE to take any corrective steps.
Exemptions cited: FOI 14
View Department for Education
29 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a multi-part request for information relating to various topics, including safeguarding and misuse of fireworks. Merseyside Police provided some information, denied holding some information within the scope of the request and refused some parts of the request on the grounds that they are not valid requests for recorded information under section 8 of FOIA. The Commissioner’s decision is that Merseyside Police was entitled to rely on section 8(1)(c) of FOIA to refuse parts of the request and that, on the balance of probabilities, Merseyside Police does not hold any further information within the scope of the remainder of the request. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 1; FOI 16; FOI 8
View Merseyside Police
29 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested an explanation of how the legislation held by the public authority affects the handling of service complaints. The Financial Ombudsman Service (FOS) stated no recorded information is held. The Commissioner’s decision is that on the balance of probabilities, FOS does not hold the information requested and has complied with its obligations under section 1(1) of the FOIA. The Commissioner does not require further steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0350 appeal struck out. Information Tribunal UT UA-2024-000030-GIA PTA refused.
Exemptions cited: FOI 1(1)
29 Jun 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested Estyn to disclose information relating to the inspection of a specified school. Estyn refused to disclose the requested information, citing section 33(1)(b) of FOIA. The Commissioner’s decision is that Estyn is entitled to rely on section 33(1)(b) of FOIA for part of the requested information in this case. However, during the Commissioner’s investigation it transpired that the remaining requested information was not held by Estyn at the time of the request. Therefore the Commissioner’s decision is that Estyn has breached the requirements of section 1(1)(a) of FOIA by not stating this in its initial response. The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 33
View Estyn
29 Jun 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant submitted a request to Department for Business, Energy & Industrial Strategy (BEIS) seeking information about the potential environmental impact of Shell’s Brent decommissioning project in the North Sea. BEIS located five documents falling with the scope of the request but sought to withhold these on the basis of regulation 12(4)(d) (material in the course of completion, unfinished documents and incomplete data). The Commissioner’s decision is that the information falls within the scope of regulation 12(4)(d) and that in all the circumstances of the case the public interest favours maintaining the exception.
Exemptions cited: EIR 12(4)(d)
View Department for Energy Security and Net Zero
28 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about potential highway changes. Calderdale Council stated that no information was held. The Commissioner’s decision is that no information is held by the Council. The Commissioner does not require further steps.
Exemptions cited: FOI 1
View Calderdale Council
28 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
Summary wording for website: The complainant has submitted a request to HM Treasury (HMT) seeking information about applications submitted to the Office of Financial Sanctions Implementation from individuals subject to sanctions who wish to pursue defamation cases. HMT disclosed the number of such applications and approvals but sought to withhold the names of those who applied, as well as copies of any applications, on the basis of sections 31(1)(a) (law enforcement), 40(2) (personal data) and 41(1) (information provided in confidence) of FOIA. The Commissioner’s decision is that the withheld information is exempt from disclosure on the basis of section 41(1) of FOIA.
Exemptions cited: FOI 41
View HM Treasury
28 Jun 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant made a six-part request to the Vale of Glamorgan Council (the Council). Their complaint focuses on part one, a request for “all recorded information” between two named people – a Council official and a developer. Whilst the Council has disclosed some information to the complainant in response to part one of the request, the complainant is concerned about the Council withholding parts of an email chain of March 2022 (the email chain). The Council handled the whole six-part request under the Freedom of Information Act 2000 (FOIA). It cited section 43(2) of FOIA (commercial interests) in relation to the email chain. The Council has said that if the EIR (not FOIA) apply to the request, the Council would refuse disclosure under regulation 12(5)(e) (the exception for commercial confidentiality). The Council also said to the Commissioner during his investigation that parts of the email chain were withheld because they are not relevant. The Commissioner finds that the informati
Exemptions cited: EIR 12(5)(e); EIR 14(2)(1)
View Vale of Glamorgan Council
28 Jun 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested details of police officer dismissals due to misconduct in 2021. The Chief Constable of Northumbria Police (“Northumbria Police”) refused to confirm or deny whether such information was held under Section 40(5) (personal information) of the FOIA. The Commissioner’s decision is that Northumbria Police were entitled to rely on Section 40(5) to neither confirm nor deny whether this information was held. The Commissioner does not require further steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0317 appeal struck out.
Exemptions cited: FOI 10(1); FOI 40(5)
View Northumbria Police
28 Jun 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information in the form of audio recordings, from Haxby Town Council (the Council). The Council provided some information but advised that the remaining information was not held. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold the remaining requested information. The Commissioner has also decided that the Council breached section 10 (Time for compliance) of FOIA, as it did not respond to the request within 20 working days. The Commissioner does not require the Council to take any further steps.
Exemptions cited: FOI 1; FOI 10
28 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information regarding the dates of two Joint Warrior training exercises from the Ministry of Defence (“the MoD”). The MoD disclosed one date and said the other had not yet been determined. The Commissioner’s decision is that, on the balance of probabilities, the MoD does not hold the second date. The Commissioner does not require steps as a result of this decision.
Exemptions cited: FOI 1
View Ministry of Justice
27 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the British Broadcasting Corporation (“the BBC”) about a Panorama programme. The BBC responded that the requested information was covered by the derogation and hence excluded from FOIA. The Commissioner’s decision is that the information that was held by the BBC for the purposes of journalism, art or literature and so was not covered by FOIA. He therefore upholds the BBC’s position and requires no steps to be taken in this case.
Exemptions cited: FOI 3
View BBC
27 Jun 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
27 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to a memo that the Home Office is alleged to have sent in 2008. The Crown Prosecution Service’s (the CPS) position is that it does not hold the requested information. The Commissioner’s decision is that, on the balance of probabilities, the CPS does not hold the requested information. The Commissioner does not require the CPS to take further steps.
Exemptions cited: FOI 1
View Crown Prosecution Service
27 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Liverpool City Council (the Council) information relating to social workers and their work with adult social services. The Council determined the request to be vexatious and reused it under section 14(1) of FOIA.The Commissioner’s decision is that the request was vexatious and therefore the Council was entitled to rely on section 14(1) of FOIA to refuse to comply with the request for information. 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/2023/0344 appeal allowed.
Exemptions cited: FOI 14(1)
View Liverpool City Council
27 Jun 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from the Maritime and Coastguard Agency (MCA) recorded in the Coastguard's Vision command and control database relating to all small boat incidents (migrants crossing the English Channel in small boats) during a specific timeframe. The MCA refused to provide the requested information, citing section 40(2)(personal information) and section 31(1)(a)(law enforcement) of FOIA as its reasons for non-disclosure. The Commissioner’s decision is that section 31 of FOIA has been cited correctly and that the public interest favours non-disclosure. However, the MCA breached section 1(1)(b) of FOIA by disclosing information beyond the statutory timeframe. The Commissioner does not require further steps.
Exemptions cited: FOI 1(1)(a); FOI 31
View Maritime and Coastguard Agency
27 Jun 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 Elmbridge Borough Council
27 Jun 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information from Hampshire County Council (“the Council”) relating to road defects and maintenance or inspection logs. The Council disclosed all the information it said it held, with minor redactions for personal data. The complainant disagreed with the redactions and also thought that the Council held more information. The Commissioner’s decision is that not all of the withheld data falls under the definition of personal data. Police reference numbers, police log numbers and incident numbers are not personal data, in the context of this request, and should be dislosed. The Comissioner considers that the Council was entitled to withhold all other data which it identified as ‘personal data’ under regulation 13(1) of the EIR. The Commissioner has also decided, on the balance of probabilities, that the Council holds no further information and has complied with regulation 5(1) of the EIR. The Commissioner requires the the Council to take the following steps to ens
Exemptions cited: EIR 13(1); EIR 5(1)
View Hampshire County Council
27 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a breakdown of figures on referrals to Prevent by various categories. West Midlands Police (WMP) refused the request on the basis of sections 24(1) and 31(1)(a) and (b) of FOIA. The Commissioner’s decision is that WMP has correctly applied section 24(1) and the public interest favours maintaining the exemption and withholding the requested information. The Commissioner does not require further steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0346 appeal dismissed.
Exemptions cited: FOI 24
View West Midlands Police
27 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to the ethnicity breakdown of people stopped under Schedule 7 of the Terrorism Act 2000. The National Police Chiefs’ Council (NPCC) provided some information, but refused to provide the remainder, citing sections 24(1) (national security) and 31(1) (law enforcement) of FOIA. The Commissioner’s decision is that the NPCC correctly relied on section 24(1) to withhold the information. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 24
View National Police Chiefs Council
27 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the British Broadcasting Corporation (“the BBC”) about ADHD articles and a Panorama programe. The BBC responded that the requested information was covered by the derogation and hence excluded from FOIA. The Commissioner’s decision is that the information that was held by the BBC for the purposes of journalism, art or literature and so was not covered by FOIA. He therefore upholds the BBC’s position and requires no steps to be taken in this case.
Exemptions cited: FOI 3
View BBC
27 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the Prosecutorial file for R v Christie and Others (1994). The Commissioner’s decision is that Public Prosecution Service (Northern Ireland) (PPS) is entitled to rely on sections 31(1) and 40(2) to withhold the requested information. The Commissioner does not require PPS take any steps as a result of this decision notice.
Exemptions cited: FOI 31
View Public Prosecution Service for Northern Ireland
27 Jun 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
26 Jun 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to physical assaults on staff. Countess Of Chester Hospital NHS Foundation Trust 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 substantive response to this request in accordance with its obligations under FOIA within 35 calendar days.
Exemptions cited: FOI 10
View Chester Hospital NHS Trust
26 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has made forty three requests for information to the Cabinet Office regarding military honours. The Cabinet Office refused the requests under Section 14(1) of FOIA. The Commissioner’s decision is that the requests were vexatious and the Cabinet Office was entitled to rely upon Section 14(1) of FOIA to refuse them. The Commissioner does not require further steps. Information Tribunal appeal UA-2024-001166-GIA PTA refused.
Exemptions cited: FOI 14(1)
View Cabinet Office
26 Jun 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to complete its public interest test considerations within a reasonable time in accordance with its obligations under FOIA. The Commissioner requires it to provide a substantive response to the request within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 17(3)
View Local Government Association
26 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 37(1)(b)of FOIA, to withhold the requested information about the awarding of an honour to Mahfouz Marei Mubarak bin Mahfouz.
Exemptions cited: FOI 37
View Cabinet Office
26 Jun 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to Bradford City Council’s Human Resources policies. Bradford City Council (“the Council”) failed to provide the policies and did not cite a relevant exemption.The Commissioner’s decision is that the Council’s response did not comply with section 1 of the FOIA as it did not confirm or deny whether the information was held.The Commissioner requires the Council to issue a fresh response to the request, either providing the information or citing a relevant exemption.
Exemptions cited: FOI 1; FOI 10
View City of Bradford Metropolitan District Council
26 Jun 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to use of force incidents recorded by Safer Schools Police Officers. Merseyside Police 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 substantive response to this request in accordance with its obligations under FOIA within 35 calendar days.
Exemptions cited: FOI 10
View Merseyside Police
26 Jun 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to use of force incidents recorded by Safer Schools Police Officers. Sussex Police 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 substantive response to this request in accordance with its obligations under FOIA within 35 calendar days.
Exemptions cited: FOI 10
View Sussex Police
26 Jun 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about an action undertaken by Cambridgeshire Constabulary. Cambridgeshire Constabulary initially directed the complainant to a statement on its website, citing section 21 (Information accessible to applicant by other means) of FOIA. Following an internal review, it confirmed holding further information but did not either disclose this or issue a refusal notice which explained why it was exempt from disclosure. The Commissioner’s decision is that, in failing to properly address the request, Cambridgeshire Constabulary has breached section 1 of FOIA. He requires Cambridgeshire Constabulary to issue a fresh response to the request, either disclosing all information held or issuing a refusal notice which complies with section 17(1) of FOIA, explaining why it is exempt from disclosure.
Exemptions cited: FOI 1
View Cambridgeshire Constabulary
26 Jun 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested HCFP to disclose information relating to its Acceptable Email User Policy. HCFP disclosed some information but refused to comply with questions 1 and 2 of the request, as it considered section 12 of FOIA applied. The Commissioner’s decision is that HCFP is entitled to rely on section 12 of FOIA. However, HCFP breached section 16 of FOIA. The Commissioner requires HCFP to provide appropriate advice and assistance to the complainant, so far as it reasonably practicable, in accordance with its obligations under section 16 of FOIA.
Exemptions cited: FOI 12; FOI 16
26 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from Merseyside Policeabout the false social media personas register. The Police refused to disclose the information under sections 31(1)(a) and 31(1)(b) of FOIA.
The Commissioner’s decision is that Merseyside Police were entitled to rely on section 31(1)(a) and 31(1)(b) of FOIA. He also finds that the Police failed to respond to the complainant’s information request within the statutory timeframe of 20 working days. On this basis the Commissioner finds that the Police has breached section 10 of FOIA.He does not require further steps to be taken.
Exemptions cited: FOI 31(1)(a); FOI 31(1)(b)
View Merseyside Police
26 Jun 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about communications between the government and Ofgem from the Department for Business, Energy & Industrial Strategy (BEIS). By the date of this notice the Department for Energy Security and Net Zero (DESNZ) which took over BEIS’ functions in regards to this request had not issued a substantive response. The Commissioner’s decision is that the DESNZ 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 DESNZ must provide a substantive response to the request in accordance with its obligations under FOIA. The DESNZ 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 Department for Energy Security and Net Zero
26 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about referrals made to the counter terrorism service, Prevent. Merseyside Police refused to disclose the requested information, citing sections 24(1) and section 31(1)(a) and (b) of FOIA.The Commissioner’s decision is that section 24(1) is engaged and the public interest favours maintaining the exemption and withholding the requested information.The Commissioner does not require Merseyside Police to take any further steps on this matter. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0345 appeal dismissed.
Exemptions cited: FOI 24
View Merseyside Police
23 Jun 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested a copy of a specific training module in use in September 2021 and the current version of the module. The University of Kent (the University) initially stated that it did not hold some of the information requested and other information was exempt under section 43 (commercial interests) of the FOIA. During the course of the Commissioner’s investigation the University disclosed some additional information. The complainant disputed that the University had provided a copy of the module in use in September 2021. The Commissioner’s decision is that the University does not hold a copy of the training module in use in September 2021. However, the Commissioner also finds that the University breached section 10 of the FOIA in its handling of the request. The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 1; FOI 10
23 Jun 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
23 Jun 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
23 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a comparative list of Accident & Emergency departments in England in 2010 and to date with information on the services they provide. NHS England stated the information was not held. The Commissioner’s decision is that the requested information is not held by NHS England and it as complied with its obligations under section 1 of FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 1
View NHS England
22 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to a meeting attended by Lord Frost and the Loyalist Communities Council. The Cabinet Office provided some information and withheld the remainder, relying on the exemptions at sections 28(1), 40(2) and 41 of FOIA. The Commissioner’s decision is that the Cabinet Office was entitled to rely on the exemptions cited in respect of the withheld information. No steps are required.
Exemptions cited: FOI 28; FOI 40; FOI 41
View Cabinet Office
22 Jun 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to HS2. The Cabinet Office withheld it under regulation 12(4)(e) (internal communications.) The Commissioner’s decision is that the exception is engaged and the public interest lies in maintaining the exception. The Commissioner does not require further steps.
Exemptions cited: EIR 11; EIR 12(4)(e); EIR 14(2)(1)
View Cabinet Office
22 Jun 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
Summary wording for website: The complainant has requested information from Bristol City Council (Council) regarding non-disclosure agreements (NDAs), donations and loans. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold the requested information. The Commissioner does not require further steps.
Exemptions cited: FOI 1
View Bristol City Council
22 Jun 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about the release of the ‘Spycatcher’ files to the National Archives. The Cabinet Office refused the entire request stating that it did not constitute a valid request for recorded information as outlined in FOIA. During the course of the Commissioner’s investigation the Cabinet Office amended its position and stated that parts 2(ii) and 3(i)-(iv) of the request were not valid under FOIA. The Commissioner’s decision is that parts 1, 2(i)-(iii) and 3(i) meet the definition of a valid request under section 8 of FOIA, therefore the Cabinet Office were not entitled to refuse these parts of the request, however, parts 3(i)-(iv) are not valid under section 8 of FOIA. The Commissioner considers that the information provided by the Cabinet Office in its response to his investigation satisfies part 1 and 2(i)-(iii) of the request, and that, due to its wording, it is not obligated to provide a response to part3(i) of the request.
Exemptions cited: FOI 8
View Cabinet Office
22 Jun 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about guidance provided to police forces relating to immigration raids. The Commissioner’s decision is that the Home Office (HO) is entitled to withhold part of the requested information. However, he finds that not all the information is exempt. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the information listed in the confidential annex with appropriate redactions under section 40(2) 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 31
View Home Office