23 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a copy of a specified Windrush report which was withheld by the Home Office on the basis of section 36 of FOIA (effective conduct of public affairs). The Commissioner’s decision is that the Home Office was entitled to rely on subsections 36(2)(b)(i) and (ii) and 36(2)(c) in refusing to provide the requested report, and that in all the circumstances of the case the public interest favours maintaining these exemptions. No steps are required as a result of this notice.
Exemptions cited: FOI 36
View Home Office
23 May 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to the decision to add a property to the Local list of Buildings and Structures of Architectural and Historic Interest. The Commissioner’s decision is that Spelthorne Borough Council (the Council): On the balance of probabilities, has now disclosed all the recorded information it held at the time of the request. Has correctly relied on regulation 12(5)(b) and regulation 12(4)(e) when refusing to provide some of the requested information. Was entitled to rely on regulation 13 in the manner that it has done. Breached regulation 5(2) of the EIR by failing to disclose information within 20 working days. The Commissioner does not require the Council to take any further steps, as it has since disclosed additional information.
Exemptions cited: EIR 12(4)(a); EIR 12(4)(e); EIR 12(5)(b); EIR 13; EIR 5(2)
View Spelthorne Borough Council
23 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to payments made by the Council. Mid and East Antrim Borough Council disclosed information subject to some redactions under section 40(2) (Personal information) of FOIA. The Commissioner’s decision is that the Council has correctly applied section 40(2). The Commissioner does not require further steps.
Exemptions cited: FOI 40(2)
23 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on the settlement agreement between the UK Government and the vaccine company Valneva SE. The Commissioner’s decision is that UKHSA is entitled to rely on FOIA section 43(2) – commercial interests, to withhold the information and the public interest favours maintaining the exemption. The Commissioner does not require further steps.
Exemptions cited: FOI 43
View UK Health Security Agency
23 May 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about a particular site. The above public authority provided some information but the complainant believes more is held. The Commissioner’s decision is that, on the balance of probabilities, the public authority has provided all the information it holds in recorded form. However it breached regulation 5(2) of the EIR by failing to provide the information that it did hold within 20 working days. The Commissioner does not require further steps to be taken.Keywords: Borough boundaries
Exemptions cited: EIR 5(1); EIR 5(2)
View Merton Council
23 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about a meeting between the Chancellor of the Exchequer and representatives of Coinbase, a cryptocurrency exchange platform, in June 2022. HM Treasury disclosed some information, but withheld the remainder, citing sections 35(1)(a) (Formulation of government policy etc) and 40(2) (Personal information) of FOIA. The Commissioner’s decision is that HM Treasury was entitled to rely on the cited exemptions to withhold the remaining information. Keywords: Cryptoassets
Exemptions cited: FOI 35; FOI 40
View HM Treasury
23 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from Hampshire Constabulary (“the public authority”) regarding Digital Processing Notices. The public authority refused to provide the information, citing section 12(1) of FOIA. The Commissioner’s decision is that the public authority was entitled to rely on section 12(1) when refusing this request. The Commissioner is also satisfied that the public authority has complied with its duty under section 16 of FOIA. However, the public authority failed to respond to the request within 20 working days and as such, it has breached section 10(1) of FOIA. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
Exemptions cited: FOI 10(1); FOI 12(1); FOI 16
23 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a copy of a specified Windrush report which was ultimately withheld by the Home Office on the basis of section 36 of FOIA (effective conduct of public affairs). The Commissioner’s decision is that the Home Office was entitled to rely on subsections 36(2)(b)(i) and (ii) and 36(2)(c) in refusing to provide the requested report, and that in all the circumstances of the case the public interest favours maintaining these exemptions. No steps are required as a result of this notice.
Exemptions cited: FOI 36
View Home Office
23 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information regarding the use of parking spaces from Hastings Borough Council (“the Council”). The Commissioner’s decision is that the Council was entitled to rely on section 31 when refusing to disclose the requested information. The Commissioner does not require further steps.
Exemptions cited: FOI 31
View Hastings Borough Council
23 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a copy of a specified Windrush report which was ultimately withheld by the Home Office on the basis of section 36 of FOIA (effective conduct of public affairs). The Commissioner’s decision is that the Home Office was entitled to rely on subsections 36(2)(b)(i) and (ii) and 36(2)(c) in refusing to provide the requested report, and that in all the circumstances of the case the public interest favours maintaining these exemptions. No steps are required as a result of this notice. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0302 appeal allowed.
Exemptions cited: FOI 36
View Home Office
22 May 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information from West Devon Borough Council (“the Council”) relating to a planning application. The Commissioner’s decision is that the Council is entitled to rely on regulation 12(4)(b) (manifestly unreasonable) of the EIR to refuse to comply with the request. The Commissioner has also decided that the Council complied with its obligations under regulation 9 of the EIR. The Commissioner does not require the Council to take any steps.
Exemptions cited: EIR 12(4)(b); EIR 9
View West Devon Borough Council
22 May 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information on a planning application relating to a dropped kerb and vehicle access, including information as to why no enforcement action was taken. Sheffield City Council (“the Council”) provide some explanations and links to the planning portal. The Commissioner’s decision is that there are two additional emails containing information in scope of the request that have not been disclosed. The Commissioner requires the Council to disclose the email dated 6 October 2017 between the Enforcement Officer in Highways to the Assistant Planning Officer and disclose the internal email from the Council’s solicitor from June 2020 or issue a fresh refusal indicating the exceptions under the EIR the Council is relying on to withhold this information.
Exemptions cited: EIR 11; EIR 5
View Sheffield City Council
22 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to VAT in respect of public charging for electric vehicles. His Majesty’s Treasury (“HMT”) refused to disclose what it held within the scope of the request and cited section 35(1)(a) – formulation/development of government policy – as its basis for doing so. The Commissioner’s decision is that HMT is entitled to rely on section 35(1)(a) as its basis for withholding the information in question. The Commissioner does not require further steps.
Exemptions cited: FOI 35
View HM Treasury
22 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about the Independent Loan Charge Review. The above public authority’s final position was to rely on multiple exemptions to withhold some of the information and section 12 of FOIA (cost of compliance exceeds the appropriate limit) to refuse the remainder of the request. The Commissioner’s decision is that the public authority is entitled to rely on section 12 to refuse the request in its entirety. The public authority breached section 16 of FOIA as it failed to provide adequate advice and assistance to the complainant. The public authority also breached section 17 of FOIA as it failed to issue a correct refusal notice within 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: provide the complainant with advice and assistance to help him refine his request such that it falls within the appropriate limit. First-tier tribunal (General Regulatory chamber) informatio
Exemptions cited: FOI 12; FOI 16; FOI 17
View HM Treasury
22 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested correspondence about the Grade II Listed 'Pluto pavilion' at Sandown, Isle of Wight. The Department for Culture, Media and Sport (“DCMS”), after considerable delay, refused to provide it citing section 36(2)(b)(ii) as its basis for doing so. The Commissioner’s decision is that DCMS is entitled to rely on section 36(2)(b)(ii) as its basis for refusing the request. However, it contravened its obligations under sections 10 in failing to provide a response within 20 working days. No steps are required.
Exemptions cited: FOI 36
View Department for Culture, Media and Sport
22 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Cabinet Office seeking drafts of the Commission on Race and Ethnic Disparities’ report that was published information in March 2021. The Cabinet Office withheld the requested information on the basis of sections 36(2)(b)(i), (ii) and (c) (effective conduct of public affairs) of FOIA. The Commissioner’s decision is that the requested information is exempt from disclosure on the basis of these exemptions and that the public interest favours withholding the information. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0300 appeal dismissed. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0154 appeal dismissed.
Exemptions cited: FOI 36
View Cabinet Office
22 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from the London Borough of Waltham Forest Council (‘the council’), information about work carried out by a company of solicitors on behalf of it. The council initially said that it was withholding the information under section 41 and 43 of FOIA. It disclosed some information at internal review stage. During the course of the Commissioner’s investigation, however, it became clear that it does not hold the remainder of the requested information. The Commissioner’s decision is that the council was correct to state that it does not hold any further information falling within the scope of the complainant's request for information. The Commissioner does not require further steps.
Exemptions cited: FOI 1(1)(b)
View Waltham Forest Council
22 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Cabinet Office seeking drafts of the Commission on Race and Ethnic Disparities’ report that was published information in March 2021. The Cabinet Office withheld the requested information on the basis of sections 36(2)(b)(i), (ii) and (c) (effective conduct of public affairs) of FOIA. The Commissioner’s decision is that the requested information is exempt from disclosure on the basis of these exemptions and that the public interest favours withholding the information.
Exemptions cited: FOI 36
View Cabinet Office
22 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information relating to the Government Legal Department’s (GLD) policy on making reasonable adjustments for those with mental disability and their policies and procedures for dealing with disabled persons. GLD disclosed some information and confirmed that other information was not held. The complainant disputes this and considers additional information should be held. The Commissioner’s decision is that on the balance of probabilities, GLD has disclosed all the relevant information it holds and does not hold further recorded information relevant to the complainant’s request and that it has complied with section 1(1) of the FOIA and, that in failing to address the full scope of the request in the statutory time limit GLD breached section 10(1) of the FOIA. The Commissioner does not require GLD to take any corrective steps.
Exemptions cited: FOI 1(1); FOI 10(1)
View Government Legal Department
19 May 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information on the carbon footprint associated with BBC1’s 2023 series of “Race against the World”. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
Exemptions cited: EIR 2; FOI 3
View BBC
19 May 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested a copy of a report supplied to the Council’s Environmental Health Officer by a local business and copies of related communications. The London Borough of Islington (“the Council”) initially responded under FOIA an stated that the requested information was not held, reversing its position at internal review and providing the complainant with a copy of the requested correspondence, but stating that the remainder of the information was withheld under section 41(1) of FOIA. During the course of the Commissioner’s investigation the Council reconsidered the request under to EIR and amended its position to withhold the requested information under regulation 12(5)(d)(confidentiality of proceedings). The Commissioner’s decision is that the information falling within scope of the request does not engage regulation 12(5)(d). The Commissioner requires the Council to disclose the requested report to the complainant.
Exemptions cited: EIR 12(5)(d)
View Islington Council
19 May 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about the British Broadcasting Corporation’s (“the BBC”) coverage of the World Cup in Qatar. The BBC responded that the requested information was covered by the derogation and hence excluded from the FOIA. The Commissioner’s decision is that all of the information falls to be dealt with under FOIA – even though some is environmental. This is because the BBC is not a public authority for the purposes of the Environmental Information Regulations (“the EIR”). Having considered the matter under FOIA, the Commissioner’s decision is that the requested information would be held by the BBC for the purposes of ‘journalism, art or literature’ and would therefore be outside the scope of FOIA. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
Exemptions cited: EIR 2; FOI 3
View BBC
19 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of the final agreed proposal from an independent marketing company, namely Social Market Research (“SMR”), used in respect of market research for the now withdrawn Kinnegar to Donaghadee Greenway proposal. Ards and North Down Borough Council (“the Council”) disclosed some of the information to the complainant but withheld the methodology section of SMR’s Quotation Submission by virtue of section 43(2) of FOIA. The Commissioner’s decision is that the Council was correct to withhold the information under section 43 of FOIA. He does not require the public authority to take any further steps.
Exemptions cited: FOI 43(2)
19 May 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
19 May 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested correspondence relating to asbestos. The above public authority’s (“the public authority”) final position was to rely on regulation 12(4)(e) of the EIR (internal communications) to withhold the information. The Commissioner’s decision is that regulation 12(4)(e) of the EIR is engaged in respect of some, but not all of the information falling within scope and that where the exception is engaged, the balance of the public interest favours disclosure. The public authority also breached regulation 5(2) of the EIR in its handling of this request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the information it has relied upon regulation 12(4)(e) to withhold. The public authority may make appropriate redactions to protect personal data.
Exemptions cited: EIR 12(4)(e); EIR 5(2)
19 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to ‘the scientific advice and evidence that was used when making the changes announced to the shielding policy in Sajid Javid’s letter of 27 September 2021’. DHSC applied section 12 of FOIA, as it estimated the time it would take to comply with the request would exceed the cost limit. During the Commissioner’s investigation DHSC disclosed some information, but within that made redactions under section 40 of FOIA. For all remaining elements of the request DHSC maintained that section 12 of FOIA applied. The Commissioner’s decision is that DHSC is entitled to rely on section 12 and 40 of FOIA in this case. However, DHSC breached section 16 of FOIA by failing to provide appropriate advice and assistance, so far as it is reasonably practicable to do so. The Commissioner requires DHSC to provide advice and assistance to the complainant in accordance with its obligations under section 16 of FOIA.
Exemptions cited: FOI 12; FOI 16; FOI 40
View Department of Health and Social Care
19 May 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to the tendering for a specific post held by a member of staff at Welwyn Hatfield Borough Council (the Council).The Commissioner’s decision is that the Council has breached section 1(1)(a) of FOIA in that it failed to confirm or deny whether it held information within the scope of the request. The Commissioner does not require further steps.
Exemptions cited: FOI 1(1)(a)
View Welwyn Hatfield Borough Council
18 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information regarding minutes produced during a meeting between Sue Gray and Boris Johnson. On the balance of probabilities the Commissioner has concluded that the Cabinet Office does not hold the requested information.
Exemptions cited: FOI 1
View Cabinet Office
18 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a report on patient deaths. The above public authority disclosed some of the report but relied on section 41 (breach of confidence) of FOIA to withhold the remainder. The Commissioner’s decision is that the public authority has correctly relied on section 41 of FOIA to withhold the information. The Commissioner does not require further steps to be taken.Keywords: breach of confidence after death
Exemptions cited: FOI 41
View Liverpool Heart and Chest Hospital NHS Foundation Trust
18 May 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information about a loan that Warrington Borough Council (the Council) had agreed with a third party. The Council withheld the information requested under sections 41 (information provided in confidence), 42 (legal professional privilege) and 43 (commercial interests) of the FOIA and regulation 12(5)(e) (commercial or industrial information) of the EIR. At the time of its internal review the Council confirmed that the request should have been handled entirely under the EIR. It provided some information but stated that the remaining information was exempt under regulations 12(4)(e) (internal communications), 12(5)(b) (legal professional privilege) and 12(5)(e). The Commissioner’s decision is that regulation 12(5)(b) is engaged and the public interest favours maintaining the exception, regulation 12(4)(e) is engaged and the public interest favours disclosure, and regulation 12(5)(e) is not engaged. The Commissioner also finds that the Council breached regulation
Exemptions cited: EIR 11; EIR 12(4)(e); EIR 12(5)(b); EIR 12(5)(e); EIR 14; EIR 5
View Warrington Council
18 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from NHS England in relation to the number of places available for CT1 anaesthetics, along with the number of applicants. NHS England refused to provide the requested information, explaining that the information is published every year and cited section 22 of FOIA – information intended for future publication. The Commissioner’s decision is that NHS England has correctly applied section 22(1) of FOIA. The Commissioner does not require any steps to be taken as a result of this decision notice.
Exemptions cited: FOI 22
View NHS England
18 May 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
18 May 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
18 May 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View London Borough of Havering
18 May 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 Haringey Council
18 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested unredacted versions of published Universal Credit Board Papers. The Commissioner’s decision is that DWP is entitled to rely on section 31(1)(a) to withhold the information relating to Transaction Risking. However, the Commissioner finds that whilst section 35(1)(a) and 36(2)(b)(i) are engaged in relation to the remaining withheld information, the balance of the public interest favours disclosure. The Commissioner requires DWP to disclose the information withheld under sections 35(1)(a) and 36(2)(b)(i). 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. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0298 appeal withdrawn.
Exemptions cited: FOI 31(1)(a); FOI 35(1)(a); FOI 36(2)(b)(i)
View Department for Work and Pensions
18 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a copy of WhatsApp correspondences from the 1 March 2020 until 1 September 2020. The Commissioner’s decision is that the Cabinet Office was entitled to rely on section 12(2) when refusing this request. The Cabinet Office breached section 17 by failing to provide a refusal notice within 20 working days of the request. The Commissioner does not require the public authority to take the any further steps.
Exemptions cited: FOI 12(2); FOI 17
View Cabinet Office
18 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to a contract to house asylum seekers at a specified property. The Home Office would neither confirm nor deny holding the 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. The Commissioner does not require the Home Office to take any steps as a result of this notice.
Exemptions cited: FOI 38
View Home Office
18 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information regarding Applied Behaviour Analysis (‘ABA’) companies from Bristol City Council (the Council). The Commissioner’s decision is that: The Council was entitled to rely on section 40(2) when refusing this request. The Council, on the balance of probabilities, does not hold any additional information within the scope of the request. The Council breached section 17 by failing to issue a refusal notice within 20 working days. The Council also breached section 10 by failing to respond to the request within 20 working days. The Commissioner does not require further steps.
Exemptions cited: FOI 1; FOI 10; FOI 17; FOI 40(2)
View Bristol City Council
18 May 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested copies of correspondence between senior officers and the Home Secretary, as well as specific public order incident command logs about climate activist protests, from Hertfordshire Constabulary. Hertfordshire Constabulary said some of the information was not held, which the complainant did not challenge. It would neither confirm nor deny (“NCND”) holding the remaining information, citing sections 23(5) (Information supplied by, or relating to, bodies dealing with security matters), 24(2) (National security) and 31(3) (Law enforcement) of FOIA.The Commissioner does not find any of the exemptions to be engaged. He requires Hertfordshire Constabulary to confirm or deny whether the public order incident command logs are held. If they are, it should either disclose them or issue a fresh refusal notice in line with section 17 of FOIA.
Exemptions cited: FOI 23; FOI 24; FOI 31
View Hertfordshire Constabulary
18 May 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View NHS England
17 May 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to the land at Oakwood Close, Walsall Wood. By the date of this notice Walsall Council had not issued a substantive response to this request. Walsall Council 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 Walsall Council
17 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Bristol City Council (‘the council’), information relating to its new Trans Inclusion and Gender Identity Policy. The council disclosed some information, however, it said that some feedback was not held, and it withheld other feedback on the basis that section 40(2) of FOIA applied (personal data of third parties). The Commissioner’s decision is that the council was correct to apply section 40(2) to withhold the feedback. He has also decided that, on a balance of probabilities, it was correct to state that other information was not held. The Commissioner does not require further steps.
Exemptions cited: FOI 1(1)(b); FOI 40(2)
View Bristol City Council
17 May 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 South Yorkshire Police
17 May 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 Royal Borough of Greenwich
17 May 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
17 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information in the form of a series of questions about an external recruitment competition held by the Department of Finance (“the DOF”) relating to HR Workstream Lead roles. The DOF cited section 40(2) (personal information) of FOIA to withhold the requested information. The Commissioner’s decision is that the DOF is entitled to rely on section 40(2) of FOIA to withhold the requested information and has complied with section 1(1) of FOIA. The Commissioner does not require any steps to be taken as a result of this decision.
Exemptions cited: FOI 40(2)
View Department of Finance
17 May 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to a meeting between Oliver Dowden and Lord Brownlow regarding the proposed Great Exhibition 2.0. DCMS refused the request under section 36(2)(b)(ii) and (ii) (prejudice to the effective conduct of public affairs), and section 40(2) (personal data) of FOIA. The Commissioner’s decision is that the exemptions at section 36(2)(b)(ii) and (ii) are engaged. However he finds that the public interest in maintaining these exemptions does not outweigh the public interest in disclosure. The Commissioner requires DCMS to disclose the requested information to the complainant, with the exception of the names of junior members of staff.
Exemptions cited: FOI 36
View Department for Culture, Media and Sport
17 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information on the contract signed by the government with Pfizer to supply COVID-19 vaccinations. UKHSA provided redacted copies of contracts between the two parties and relied on FOIA sections 43(2) – Commercial interests, and section 40(2) – Personal information, to withhold the redacted information. The Commissioner’s decision is that UKHSA correctly applied section 43(2) and the public interest favours maintaining the exemption. However, he finds that section 40(2) is partially upheld. The Commissioner requires UKHSA to take the following steps to ensure compliance with the legislation. Disclose the redacted names set out in the confidential annex.The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 40(2); FOI 43(2)
View UK Health Security Agency
17 May 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested all correspondence in relation to a planning application.The Commissioner’s decision is that NWLDC was entitled to rely on regulation 12(4)(d) (Material in the course of completion) and regulation 12(4)(e) (Internal Communications) of EIR to withhold the information at the time of the request.The Commissioner does not require the NWLDC to take any further steps.
Exemptions cited: EIR 12(4)(d); EIR 12(4)(e)
View North West Leicestershire District Council