9 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Foreign, Commonwealth & Development Office (FCDO) seeking information about a minister’s trip to the British Virgin Islands in March 2022. The FCDO disclosed some of the information falling within the scope of the request but withheld the remainder on the basis of sections 27(1)(a) and (c) (international relations) and 40(2) (personal data) of FOIA. The Commissioner’s decision is that the withheld information is exempt from disclosure on the basis of these exemptions.
Exemptions cited: FOI 27; FOI 40
View Foreign, Commonwealth & Development Office
9 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from the Chief Constable of Gloucestershire Constabulary (“Gloucestershire Constabulary”).The Commissioner’s decision is that on the balance of probabilities, Gloucestershire Police has disclosed all the information it holds within the scope of part 5 of the request.However, he finds that Gloucestershire Constabulary breached section 10(1) of FOIA by failing to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner does not require Gloucestershire Constabulary to take any steps.
Exemptions cited: FOI 1; FOI 10
View Gloucestershire Constabulary
9 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Ministry of Defence (‘MOD’) seeking a copy of his late father’s medical record for particular periods in 1941 and 1948. The MOD confirmed that it held information falling within the scope of the request but refused to disclose this on the basis of section 41(1) (information provided in confidence) of FOIA.The Commissioner’s decision is that the MOD is entitled to refuse to disclose the information on the basis of section 41(1) of FOIA. No steps are required.
Exemptions cited: FOI 41(1)
View Ministry of Defence
9 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested the OBR [Office for Budget Responsibility] reports relating to a statement by the then Chancellor Kwasi Kwarteng. HM Treasury refused to provide the requested information citing sections 35(1) (formulation of government policy), 29(1) (the economy) and 41(1) (information provided in confidence) of FOIA. The Commissioner’s decision is that HM Treasury was entitled to apply section 41(1) to withhold the information. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 41
View HM Treasury
9 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from London Borough of Croydon (“the public authority”). The Commissioner’s decision is that the public authority was entitled to refuse to comply with the request in accordance with section 12(1) (cost limit) of FOIA. The Commissioner also finds that the public authority complied with its obligations under section 16 of FOIA to offer advice and assistance. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 12; FOI 16
View London Borough of Croydon
9 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about Public Funding and Business Interruption insurance claims. HM Treasury (“HMT”) refused to provide it citing exemptions at section 35 (formulation/development of government policy), section 42 (legal professional privilege) and section 43 (commercial interests) as its basis for doing so. It amended this position at internal review by disclosing some information and by withdrawing reliance on section 43. The Commissioner’s decision is that HMT is entitled to rely on section 35(1)(a) and section 42(1) as its basis for withholding the remainder of the requested information. The Commissioner does not require further steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0282 appeal dismissed.
Exemptions cited: FOI 35; FOI 42
View HM Treasury
5 May 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information held by the London Borough of Barnet (the council) relating to the installation of speed bumps. The council initially refused the request under section 14(2) - repeat requests, of the Freedom of Information Act 2000 (FOIA). During the Commissioner’s investigation the council revised its position, stating that it was now refusing the request under regulation 12(4)(b) - manifestly unreasonable, of the EIR. The Commissioner’s decision is that whilst the council was correct to reconsider the request under the EIR, it did not take an objective reading of the complainant’s request. Furthermore, the Commissioner has decided that the council has failed to demonstrate that regulation 12(4)(b) of the EIR is engaged and therefore it is not entitled to rely on this exception. The Commissioner requires the council to issue a fresh response to the complainant in response to part 2 of the request that does not rely on regulation 12(4)(b) of the EIR.
Exemptions cited: EIR 12(4)(b)
View Barnet Council
5 May 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to DWP’s public sector equality duty under section 149 of the Equality Act 2010. The Commissioner’s decision is that the Department for Work and Pensions (DWP) has breached section 16(1) of FOIA as the request did not have a single objective reading and DWP did not seek clarification of the request under section 1(3) of FOIA. The Commissioner requires DWP to provide the complainant with advice and assistance by requesting clarification of the request. 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 16
View Department for Work and Pensions
5 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to a letter sent in May 2020 about Anti-Social Behaviour. London Borough of Newham (“the Council”) stated information was not held for most of the request and provided a letter. The Commissioner’s decision is that the Council has provided all the recorded information it holds in scope of the request and complied with its obligations under section 1(1)(a) of FOIA. Information Tribunal UA-2023-001424-GIA appeal allowed.
Exemptions cited: FOI 1
View Newham Council
5 May 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested from Staffordshire Police (“the public authority”) information shared via Twitter. The public authority has refused to comply with the request, citing section 14 of FOIA – vexatious or repeated requests. The Commissioner’s decision is that the request was not a vexatious request. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: • Provide the complainant with the requested information and/or• Issue a fresh response to the complainant, which 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(1)
View Staffordshire Police
5 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from Northumbria Police (“the public authority”), that relates to all communications between the Police and Sunderland City Council regarding the Hetton Aspirations Linking Opportunities (known as HALO). The public authority provided some information to the complainant but explained that it does not hold any further information relevant to the complainant’s request. The Commissioner’s decision is that, on the balance of probabilities, the public authority are correct to confirm that it does not hold any further information in relation to the request. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
Exemptions cited: FOI 1
View Northumbria Police
5 May 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 Westminster Council
5 May 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information relating to self-build planning permissions from Forest of Dean District Council (the Council). The Commissioner’s decision is that the Council failed to disclose the requested information within 20 working days and therefore breached regulation 5(2) of the EIR.However, as the requested information has now been provided the Commissioner does not require any steps.
Exemptions cited: EIR 5(2)
View Forest of Dean District Council
5 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information regarding the refurbishment of the Prime Minister’s Downing Street residence. The Cabinet Office maintained that it did not hold the requested information. The Commissioner’s decision is that the Cabinet Office does not hold the requested information. The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 1; FOI 3
View Cabinet Office
5 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to adult social worker recruitment by London Borough of Hackney (“the Council”). The Commissioner’s decision is that the Council is entitled to rely on section 14 (vexatious) to refuse to provide the requested information. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
Exemptions cited: FOI 14
View London Borough of Hackney
5 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has made a request for information to Devon and Cornwall Police (the Police) regarding RIPA applications. The Commissioner’s decision is that the Police was entitled to rely on section 12 when refusing this request. The Commissioner is also satisfied that the Police have complied with its duty under section 16. The Commissioner does not require further steps. Information Tribunal FTT EA/2023/0251 under appeal.
Exemptions cited: FOI 12
5 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from Varndean School (“the School”) relating to the School’s covid mask wearing risk assessment addendum. The School disclosed some information but the complainant believed that further information within the scope of the request was held. The Commissioner’s decision is that on the balance of probabilities, the School does not hold further information within the scope of the request. However, he also finds that by failing to confirm that it does not hold information within the scope of part a of the request, the School breached section 1(1) of the FOIA.The Commissioner requires the School to take the following steps to ensure compliance with the legislation.The School must provide the complainant with a fresh response to part a of the request which complies with the requirements of section 1(1) of the FOIA.The School must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner m
Exemptions cited: FOI 1
4 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 Waltham Forest Council
4 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(1)
View Medicines and Healthcare products Regulatory Agency
4 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(1)
View Harrow Council
4 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from the Health and Safety Executive for Northern Ireland (HSENI) information regarding the decision made by an Inspector at HSENI. It withheld the requested information under section 30(1)(b) (investigations and proceedings) and section 44(1) (prohibitions on disclosure) of FOIA.The Commissioner’s decision is that the HSENI was entitled to rely on section 30(1)(b) of FOIA to refuse the request. He has therefore, not gone on to consider the application of section 44(1)(a) of FOIA. The Commissioner does not require the HSENI to take any steps as a result of this decision. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0284 appeal dismissed.
Exemptions cited: FOI 30(1)
4 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Brighton and Hove City Council (the “Council”) information about a Covid Mask Wearing Risk Assessment in respect of a specific school. The Commissioner’s decision is that, on the balance of probabilities, the Council has provided all the information it holds in recorded form in respect of this request.The Commissioner requires no steps to be taken.
Exemptions cited: FOI 1
View Brighton and Hove City Council
4 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to how the Treasury anticipated financial markets would react to September 2022's mini-Budget tax cuts. HM Treasury refused to provide the requested information, citing sections 35(1) (formulation of government policy), 29(1) (the economy) and 40(2) (personal information) of FOIA. The Commissioner’s decision is that HM Treasury is entitled to rely on section 35(1)(a) to withhold the requested information. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 35
View HM Treasury
4 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a copy of a withdrawn prison service instruction (‘the PSI’) on security incident reporting, and a copy of the policy that replaced it. The Ministry of Justice (‘the MoJ’) said that the information was exempt from disclosure under sections 31(1)(f) (Law enforcement) and 38(1)(a)(b) (Health and safety) of FOIA. The Commissioner’s decision is that the MoJ was entitled to rely on section 31(1)(f) to withhold some of the information. However, some of the information in the PSI is not exempt under section 31 or section 38 of FOIA. The Commissioner requires the MoJ to disclose the PSI except paragraphs 8, 15, 16 (second paragraph only, at the top of page 10), 22, 23, 44, 45 and Annex B, which the Commissioner has determined are exempt under section 31(1)(f). Redactions should be made to withhold the names and contact details of any third parties.
Exemptions cited: FOI 31; FOI 38
View Ministry of Justice
4 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to Sussex Police’s investigation of the drone incident at Gatwick Airport in December 2018. Under Section 30(3) of FOIA, the Chief Constable of Sussex Police (Sussex Police) refused to confirm or deny whether relevant information was held. The Commissioner’s decision is that Sussex Police were correct to apply Section 30(3) of FOIA to neither confirm nor deny holding information. The Commissioner does not require further steps. Information Tribunal FTT EA/2023/0273 appeal dismissed.
Exemptions cited: FOI 10(1); FOI 30
View Sussex Police
3 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
3 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about an incident he reported, from Lancashire Constabulary. Lancashire Constabulary would neither confirm nor deny (“NCND") holding the requested information, citing section 40(5) (Personal information) of FOIA. The Commissioner’s decision is that Lancashire Constabulary was entitled to rely on section 40(5) of FOIA. No steps are required. Information Tribunal FTT EA/2023/0272 under appeal. Information Tribunal FTT EA/2023/0271 appeal struck out
Exemptions cited: FOI 40
View Lancashire Constabulary
3 May 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested various information in respect of Victoria Square Woking Limited from Woking Borough Council (the ‘Council’). The Council provided some of the information, but refused the remainder on the basis of regulation 12(5)(e) (confidentiality of commercial or industrial interests) of the Environmental Information Regulations 2004 (the ‘EIR’). During the course of the Commissioner’s investigation, the Council disclosed the previously withheld information to the complainant. The Commissioner’s decision is that the Council’s failure to provide the information to the complainant within the specified timescales (20 working days), represents a breach of regulation 5(2) of the EIR. As the information has now been disclosed, the Commissioner does not require further steps.
Exemptions cited: EIR 5(2)
View Woking Borough Council
3 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 Environment Agency
3 May 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested, from South Hams District Council (“the Council”), information about its household waste management contract. The Council disclosed some information but refused to provide the remainder citing regulations 12(5)(e) (Confidentiality of commercial or industrial information), 12(5)(f) (Interests of the person who provided the information to the public authority) and 13(1) (Personal Information) of the EIR. At a late stage, the Council also advised that some information was not held.The Commissioner’s decision is that the Council is entitled to withhold the pricing information in Schedule 3 under regulation 12(5)(e). In respect of the names of any parties who were responsible for signing off any part of the contract it should take the step below. He also finds that, at the time of the request, no information regarding ‘compensation’ was held.The Commissioner requires the Council to disclose the names (and job role if included) of the parties responsible for sig
Exemptions cited: EIR 12(5)(e); EIR 5(1)
View South Hams District Council
3 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to a traffic collision which occurred in August 2021. Thames Valley Police refused to provide the information under Sections 30(1) (investigations and proceedings) and 40(2) (personal information) of the FOIA. The Commissioner’s decision is that Thames Valley Police were correct to rely on Section 30(1) of the FOIA to withhold the information and that the public interest favours maintaining the exemption. There was therefore no need for the Commissioner to consider section 40(2) of the FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 30(1)
View Thames Valley Police
3 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from the UK Space Agency (UKSA) information regarding the technical report prepared by the UKSA relating to the purchase of OneWeb. The UKSA withheld the information under section 43(2) (commercial interests) and section 41 (information provided in confidence) of FOIA.The Commissioner’s decision is that the UKSA was entitled to withhold the information under section 43(2) of FOIA and the public interest favours maintaining the exemption. Therefore, the Commissioner does not require the UKSA to take any steps as a result of this decision. Information Tribunal appeal UA-2024-000708-GIA PTA refused.
Exemptions cited: FOI 43(2)
View UK Space Agency
3 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 Environment Agency
2 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of an informal warning issued by Tameside Trading Standards. Tameside Metropolitan Borough Council (“The Council”) withheld the requested information citing Section 30(1)(b) of FOIA. The Commissioner’s decision is that the exemption is engaged and the public interest lies in maintaining the exemption. The Commissioner does not require further steps.
Exemptions cited: FOI 30(1)
View Tameside Metropolitan Borough Council
2 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from West Yorkshire Combined Authority relating to mayoral awareness of any law breaking by her policy and crime office. West Yorkshire Combined Authority relied on section 17(6) of FOIA to decline to issue a refusal notice as it considered the request to be vexatious. The Commissioner’s decision is that West Yorkshire Combined Authority was entitled to rely on Section 17(6) of FOIA to decline to issue a refusal notice.The Commissioner does not require any steps to be taken. Information Tribunal FTT EA/2023/0275 appeal dismissed.
Exemptions cited: FOI 17(6)
View West Yorkshire Combined Authority
2 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to advice the Council had received from the Cumbria Association of Local Councils (CALC). The Commissioner’s decision is that the public authority has complied with its obligations under section 1(1) of FOIA in response to some parts of the request, but not to others. The Council failed to respond within 20 working days and therefore breached section 17 of FOIA. The Commissioner requires the public authority to confirm explicitly that it does not hold the information and issue a refusal notice.
Exemptions cited: FOI 1; FOI 17
2 May 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from North Tyneside Council (“the Council”) relating to a traffic regulation order. The Commissioner’s decision is that the Council breached section 10(1) of FOIA by failing to provide a valid response to the request within the statutory timeframe of 20 working days. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 10
View North Tyneside Council
2 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant made two closely linked requests for information (as set out in this notice) relating to particular tribunal hearings over a specified time period. All parties agreed that the two requests should be considered together due to their similar and partially overlapping nature. The Ministry of Justice (the ‘MOJ’) responded in full to both requests. It was able to provide some of the information and initially said it did not hold the remainder. Ultimately, the MOJ revised its position and wished to rely on section 12(2) of FOIA – the ‘neither confirm nor deny’ provision within the cost exclusion. The Commissioner’s decision is that the MOJ was entitled to rely on section 12(2) for both requests. It also met its section 16 of FOIA advice and assistance obligations. However, by failing to respond to both requests within the statutory timeframe of 20 working days, the MOJ has breached section 10(1) of FOIA. No steps are required as a result of this notice.Keywords: Court(s)
Exemptions cited: FOI 10; FOI 12; FOI 16
View Ministry of Justice
2 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the sighting of two drones at Gatwick Airport in December of 2018. The Commissioner’s decision is that Sussex Police was entitled to rely on Section 30(3) of FOIA to neither confirm nor deny if the information was held. The Commissioner does not require further steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0281 appeal allowed in part.
Exemptions cited: FOI 30
View Sussex Police
2 May 2023Complaint partially upheldFreedom of Information Act 2000
The Commissioner’s decision is that the Department of Health and Social Care (DHSC) is entitled to refuse the complainant’s requests for information about the COVID Pass letters service under section 12(1) of FOIA. This is because the cost of complying with the requests would exceed the appropriate limit. Although the Commissioner has identified breaches of section 10, 16 and 17 in relation to the two refined requests that were made, he has decided that it is not necessary for DHSC to take any corrective steps.
Exemptions cited: FOI 10; FOI 12; FOI 16; FOI 17
View Department of Health and Social Care
2 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Maritime and Coastguard Agency (“the MCA”) in relation to its control system, which is used to log distress calls. The MCA refused the request on the grounds that compliance would exceed the appropriate cost limit, under section 12 of FOIA. The Commissioner’s decision is that the MCA was entitled to rely on section 12(1) to refuse the request. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
Exemptions cited: FOI 12(1); FOI 16(1)
View Maritime and Coastguard Agency
2 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about grievances recorded at Child Maintenance Group (“CMG”) Leicester. The Department or Work and Pensions (“DWP”) refused to provide the requested information, citing section 40(2)(personal information) of FOIA as a basis for doing so. The Commissioner’s decision is that DWP is entitled to rely on section 40(2) to withhold the requested information. The Commissioner does not require further steps.
Exemptions cited: FOI 40(2)
View Department for Work and Pensions
2 May 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about contracts. The above public authority provided some information and relied on section 43(2) of FOIA (commercial interests) to withhold the remainder. The Commissioner’s decision is that parts [1] and [2] of the request were not valid for the purposes of section 8 of FOIA. Part [3] is valid and the Commissioner is satisfied that, on the balance of probabilities, the public authority has provided the information it holds. The Commissioner does not require further steps to be taken.
Exemptions cited: FOI 1; FOI 8
View Department for Transport
2 May 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested Key Stage 2 assessment data. The above public authority relied on section 36 of FOIA to withhold the information. The Commissioner’s decision is that the public authority has correctly relied on section 36 of FOIA (effective conduct of public affairs) to withhold the information and that the balance of the public interest favours maintaining the exemption. The Commissioner does not require further steps to be taken.Keywords: montague
Exemptions cited: FOI 36
View Department for Education
2 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(1)
View Northern Ireland Ombudsman
2 May 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested various information in respect of a planning application for air conditioning units. The Council provided the link to the online planning portal and stated that it holds no further information. The complainant is not satisfied that the Council has provided all information it holds, particularly in respect of a noise report. The Council has confirmed that it does not hold this information. The Commissioner’s decision is that the Council has complied with its obligations under regulation 12(4)(a) of the EIR.
Exemptions cited: EIR 12(4)(a)
View Bedford Borough Council
28 Apr 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested correspondences relating to Quarry controlled parking zones, from Oxfordshire County Council (the Council). The Commissioner’s decision is that, on the balance of probabilities, the Council does hold additional information within the scope of the request. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose any additional information within the scope of the request or provide an appropriate refusal notice. 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 1; FOI 10
View Oxfordshire County Council
28 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested documentation from the University of Hull (the university) pertaining to the validation of an MSc People Analytics course. The university provided part of the information and withheld part under section 40(2)(personal information) and section 43(2)(commercial interests) of FOIA. The Commissioner has found that section 43(2) is not engaged regarding some of the withheld information. However, some of the requested information has been correctly withheld under that exemption. Where the Commissioner has found that section 43(2) is engaged, the Commissioner considers that the public interest in maintaining the exemption outweighs the public interest in disclosure. The Commissioner requires the university to take the following steps to ensure compliance with the legislation.• Disclose the withheld information from document two, apart from the information in the table on pages 22-25 and any personal data.
Exemptions cited: FOI 43(2)
27 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested the case file of a murder investigation from the Metropolitan Police Service (the “MPS”). The MPS refused to provide the requested information citing sections 30(1)(Investigations and proceedings), 31(1)(a)(b) (Law enforcement), 38(1)(a)(b) (Health and safety) and 40(2) (Personal information) of FOIA. The Commissioner’s decision is that sections 30, 31 and 38 are not engaged. He finds that section 40 is partially engaged. The Commissioner requires the MPS to disclose the withheld information with the exception of the following: statements of members of the public (this does not include the two statements where the parties have exceeded the age of 100); the names of all parties; private addresses; a Vehicle Registration Mark and some content in the letter at pages 38-39 of the file (this will be provided to the MPS in a confidential annex). Information Tribunal EA/2023/0269 appeal withdrawn
Exemptions cited: FOI 30; FOI 31; FOI 38; FOI 40
View Metropolitan Police Service
27 Apr 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant submitted a request for information about planning matters to Copeland Borough Council. As a result of a local government reorganisation, Copeland Borough Council ceased to exist on 1 April 2023. Its functions, including legacy information requests such as this one, have been transferred to a new unitary authority, Cumberland Council (‘the Council’). The Commissioner’s decision is that, on the balance of probabilities, the Council has disclosed all the relevant information it holds and has complied with regulation 5(1) of the EIR. It is not necessary for the Council to take any corrective steps.
Exemptions cited: EIR 5(1)
View Cumberland Council