27 Apr 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about renumeration and restructuring. The Crown Estate provided some information and withheld information about remuneration of its staff under sections 40(2) (personal information) and 43(2) (commercial information) of the FOIA. During the course of the Commissioner’s investigation the Crown Estate provided some additional information but maintained that the remaining information held was exempt under sections 40(2) and 43 of the FOIA. The Commissioner’s decision is that the Crown Estate has incorrectly applied section 40(2) and 43 of the FOIA to the withheld information. The Commissioner requires the Crown Estate to disclose the withheld information - namely remuneration details for the 8 members of the GLT, that are not currently published, in £5,000 bands.
Exemptions cited: FOI 40; FOI 43
View The Crown Estate
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 Information Tribunal EA/2023/0269 appeal withdrawn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
27 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to Ofsted’s policies. The Commissioner’s decision is that Ofsted was entitled to refuse to comply with the request, citing section 12 (cost of compliance exceeds appropriate limit) of FOIA. The Commissioner is also satisfied that there has been no breach under section 16 (advice and assistance) of FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 12; FOI 16
View Office for Standards in Education, Children's Services and Skills
27 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Police Service of Northern Ireland (PSNI) seeking a copy of the “Morton Report”. PSNI refused to provide the information on the basis of section 23(1) (security bodies) of FOIA. The Commissioner is satisfied that withheld information is exempt from disclosure on the basis of section 23(1) of FOIA. The Commissioner does not require PSNI to take any steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0267 appeal struck out.
Exemptions cited: FOI 23
View Police Service of Northern Ireland
27 Apr 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 St Helens Council
27 Apr 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View Health and Safety Executive
27 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested to know the number of MPs who have been subject to telephone tapping or other intrusive surveillance, since 2000. The Home Office would neither confirm nor deny (‘NCND’) whether it held the requested information, citing sections 23(5) (Information supplied by, or relating to, bodies dealing with security matters), 24(2) (National security), 31(3) (Law enforcement) and 44(2) (Prohibitions on disclosure) of FOIA. The Commissioner’s decision is that the Home Office was entitled to apply section 44 of FOIA to NCND whether it holds the requested information. The Commissioner requires no steps as a result of this decision.
Exemptions cited: FOI 44
View Home Office
27 Apr 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 Swindon Borough Council
26 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about written off/damaged police vehicles from Dyfed Powys Police (“DPP”). DPP disclosed some information but refused to provide the withheld information citing section 31(1)(a) and (b) – (Law enforcement) of FOIA. The Commissioner’s decision is that DPP was entitled to rely on sections 31(1)(a) and (b) of FOIA to refuse to disclose the withheld information and the public interest favours maintaining the exemption. No steps are required as a result of this decision.
Exemptions cited: FOI 31(1)(a); FOI 31(1)(b)
View Dyfed-Powys Police
26 Apr 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information relating to approved custom and self-build plots for a particular period. Hart District Council (the Council) refused to provide the requested information, citing Regulation 13(1) (personal information) of the EIR. The Commissioner’s decision is that the Council has correctly applied Regulation 13(1) of the EIR.The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: EIR 13(1)
View Hart District Council
26 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from West Mercia Police (“the public authority”), in relation to referrals made to the Independent Office for Police Conduct (“IOPC”) between 1 January 2017 and 31 August 2022. The public authority refused to provide the information, relying on section 12(1) of FOIA – cost of compliance exceeds the appropriate limit. The Commissioner’s decision is that the public authority was entitled to apply section 12(1) of FOIA to refuse the request. However, the Commissioner is not satisfied that the public authority provided sufficient advice and assistance to the complainant and as such, it has breached section 16 of FOIA – advice and assistance. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
Exemptions cited: FOI 12; FOI 16
View West Mercia Police
26 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to an internal investigation into officers. Harborough District Council withheld the information under section 40(2) (personal information) and section 44 (statutory prohibition on disclosure) of FOIA. The Commissioner’s decision is that the Council is entitled to rely on section 40(2) of FOIA to withhold the requested information as it is the personal data of third parties and disclosure would be unlawful. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 40
View Harborough District Council
26 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about the decision to sign a Memorandum of Understanding (MoU). East Riding of Yorkshire Council (the Council) provided some information and stated other information was not held. During the course of the Commissioner’s investigation the Council identified some additional information which it provided to the complainant. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold any additional information relevant to the request. The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 1
View East Riding of Yorkshire Council
26 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that the Police Service of Northern Ireland (PSNI) is entitled to refuse the request under sections 24(1) (National Security) and 30(1) and (2) (Investigations and Proceedings) of FOIA. However, the PSNI breached section 10 of FOIA as they failed to provide their respond within 20 working days of receipt. No steps are required as a result of this decision.
Exemptions cited: FOI 24; FOI 30(1); FOI 30(2)
View Police Service of Northern Ireland
26 Apr 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested, from Pembrokeshire Coast National Park Authority (‘the PCNPA’), information relating to the monitoring of a completed development approved under the One Planet Development Scheme. The PCNPA refused the request under Regulation 13(1) of the EIR (personal data of third parties). The Commissioner’s decision is that the PCNPA was correct to apply Regulation 13(1) of the EIR to withhold the information from disclosure. The Commissioner does not require further steps.
Exemptions cited: EIR 13(1)
View Yorkshire Dales National Park Authority
26 Apr 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The Commissioner’s decision is that Staffordshire County Council (‘the Council’) is entitled to withhold certain information about a specific road under regulations 12(5)(b) and 13 of the EIR. These exceptions concern the course of justice and personal data respectively. It is not necessary for the Council to take any corrective steps.
Exemptions cited: EIR 12(4)(b); EIR 13
View Staffordshire County Council
25 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from the Metropolitan Police Service (“the MPS”) information relating to a specific incident which allegedly occurred on the road where they live. The MPS would neither confirm nor deny (NCND) holding the requested information citing section 40(5) (Personal information) of FOIA.The Commissioner’s decision is that the MPS is entitled to rely on section 40(5) to NCND whether it holds the information. The Commissioner does not require the MPS to take any further steps.
Exemptions cited: FOI 40
View Metropolitan Police Service
25 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that under section 40(5B)(a)(i) of FOIA the Health and Care Professions Council (HCPC) is entitled to neither confirm nor deny it holds the requested information about a named doctor. This is because confirmation or denial would disclose the doctor’s personal data, and this would be unlawful. It is not necessary for HCPC to take any corrective steps.
Exemptions cited: FOI 40
View Health and Care Professions Council
25 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from the Medicines and Healthcare Products Regulatory Agency, (‘the MHRA’), information relating to decisions and statements made about COVID 19 vaccines. The MHRA initially sought to respond to the complainant's request by providing links to information already published within the public domain. The complainant, however, argued that the MHRA did not disclose the data and evidence which supports the statements which they highlighted in their request. During the course of the Commissioner's investigation, the MHRA changed its position to apply section 14(1) to refuse to respond to the request further. The Commissioner’s decision is that the MHRA was correct to apply section 14(1) to refuse to respond to the request. The Commissioner does not require the MHRA to take any steps.
Exemptions cited: FOI 14
View Medicines and Healthcare products Regulatory Agency
25 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information held by South West Middlesex Crematorium Board (the Board). The Commissioner’s decision is that the Board is entitled to rely on section 41(1) - information provided in confidence, of FOIA, as its basis for refusing the complainant’s request. However, as the Board failed to issue a valid refusal notice to the complainant within 20 working days, the Commissioner has found a breach of section 17 of FOIA.
Exemptions cited: FOI 17; FOI 41
25 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the Department for Work and Pensions (DWP) about the DWP’s personal information charter.
The Commissioner’s decision is that, on the balance of probabilities, the DWP has released all the information that they hold.
The Commissioner does not require the DWP to take any steps.
Exemptions cited: FOI 1
View Department for Work and Pensions
25 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to Research & Development (R&D) tax relief claims. HM Revenue and Customs (HMRC) refused to comply with the request by virtue of section 31(1)(d) (the assessment or collection of any tax or duty) and section 44(1)(a) (prohibitions on disclosure) of FOIA.The Commissioner’s decision is that HMRC was entitled to rely on section 31(1)(d) and section 44(1)(a) to refuse to disclose the requested information.The Commissioner does not require HMRC to take any further steps.
Exemptions cited: FOI 31; FOI 44
25 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of the departmental spending review settlement letter from the Department for Education (DfE). The DfE refused to provide the requested information citing section 35 – formulation and development of government policy. The Commissioner’s decision is that section 35 of FOIA has been correctly cited and that the public interest favours non-disclosure. The Commissioner does not require further steps.
Exemptions cited: FOI 35
View Department for Education
25 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
Summary wording for website: The complainant has requested information about the payments of Late Filing Penalties for a specific business. Companies House provided some information withinscope of the request, however refused to provide the remainder citing section 40(2) as a basis for doing so. The Commissioner’s decision is that Companies House is entitled to rely on section 40(2) to withhold the requested information. The Commissioner does not require further steps.
Exemptions cited: FOI 40
View Companies House
25 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a copy of the former Home Secretary’s Ministerial diaries for a specified period. The Home Office refused to comply with the request, citing section 14(1) (vexatious requests) of FOIA, based on the grossly oppressive burden that complying with the request would impose. The Commissioner’s decision is that the Home Office has correctly relied upon section 14(1) of FOIA to refuse to comply with the request. No steps are required as a result of this notice.
Exemptions cited: FOI 14
View Home Office
25 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on how the Housing Regulation Branch undertakes regulatory assessments of registered Housing Associations in Northern Ireland. The Department for Communities (DfC) refused to disclose the information under section 21 of FOIA.The Commissioner’s decision is that section 21 of FOIA was correctly applied in this case. He does not require any further steps to be taken.
Exemptions cited: FOI 21
View Department for Communities (Northern Ireland)
25 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information related to the Department for Work and Pensions’ (DWP) risk model for advances fraud. DWP originally relied on section 31(1)(a) to withhold the requested information. However, during the course of the investigation, DWP changed its position and introduced section 12(1) as to comply with the request would exceed the appropriate limit. The Commissioner’s decision is that DWP is entitled to rely on section 12(1) to refuse to comply with the request. The Commissioner does not require further steps.
Exemptions cited: FOI 12
View Department for Work and Pensions
25 Apr 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information with regards to correspondence between an MP and specific departments in Lisburn & Castlereagh City Council (the council). The council provided some information, but stated that it was “unable to search” for the remainder.The Commissioner’s decision is that the council has breached regulation 5(2) of the EIR as it has not issued a valid response within the required 20 working days. The Commissioner requires the council to take the following steps to ensure compliance with the legislation.With regards to the part of the complainant’s request for information relating to the Building Control Department, the council must respond afresh. This fresh response should either comply with the request by disclosing the requested information, or be in the form of a refusal notice that specifies a valid ground under the EIR as to why that information will not be disclosed. The council must take these steps within 35 calendar days of the date of this deci
Exemptions cited: EIR 5(2)
24 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Stratton Primary School (“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
24 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested reports into an anti-corruption investigation and misconduct hearing carried out by Kent Police in 2014. Kent Police have refused to disclose the requested information, citing sections 30(1)(a) and 40(2) of FOIA as a basis for non-disclosure. The Commissioner’s decision is that Kent Police have correctly applied section 30(1)(a) of FOIA to the requested information. As the Commissioner considers this to be the case, he has not gone on to consider the application of section 40(2) of FOIA. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 30
View Kent Police
24 Apr 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested pre-application planning advice. Buckinghamshire County Council refused the request citing the exception for confidentiality of proceedings (regulation 12(5)(d).The Commissioner’s decision is that the Council was entitled to withhold the requested information under regulation 12(5)(d). The Commissioner does not require the Council to take any steps.
Exemptions cited: EIR 12(5)(d)
View Buckinghamshire Council
24 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that, on the balance of probabilities, the Trust does not hold the requested information about applications to work at the World Cup and has complied with section 1(1)(a) of FOIA. It is not necessary for the Trust to take any corrective steps.
Exemptions cited: FOI 1
View London Ambulance Service NHS Trust
24 Apr 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
24 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested DHSC to disclose a copy of Matt Hancock’s ministerial diaries for the period 1 February to 1 July 2020. DHSC refused to comply with the request, citing section 14(1) of FOIA. The Commissioner’s decision is that DHSC is not entitled to rely on section 14(1) of FOIA in this case. DHSC is therefore required to disclose the requested information, with redactions made under sections 38 and 40 of FOIA.
Exemptions cited: FOI 14
View Department of Health and Social Care
24 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information associated with Sir Paul Channon and the Lockerbie bombing. The position of the Department for Transport (DfT) is that it does not hold the information. The Commissioner’s decision is that, on the balance of probabilities, DfT does not hold the requested information and has complied with section 1(1)(a) of FOIA. It is not necessary for DfT to take any corrective steps.
Exemptions cited: FOI 1
View Department for Transport
24 Apr 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 Croydon
24 Apr 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information from Stanion Parish Council relating to its grounds maintenance works. By the date of this notice Stanion Parish Council had not issued a substantive response to this request. By failing to ascertain whether or not it holds the information specified in each part of the request, and inform the complainant accordingly respond to the request within 20 working days, Stanion Parish Council breached EIR regulation 5(2) and it is now required to respond to the request in accordance with the EIR.Stanion Parish Council must now take such reasonable steps as are necessary to identify the relevant information it holds and, either provide to the complainant the outstanding information that is relevant to the request or, issue a refusal notice that complies with EIR regulation 14(1). Stanion Parish Council 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 certificat
Exemptions cited: EIR 5(2)
24 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested disclosure of advice provided to the Chief Constable of Northumbria Police (“Northumbria Police”). The Commissioner’s decision is that Northumbria Police has correctly relied on section 42(1) when refusing this request. The Commissioner’s decision is that Northumbria Police breached sections 10(1) and 17(1) of FOIA, as it failed to confirm or deny whether the requested information was held and failed to provide an appropriate refusal notice within 20 working days. The Commissioner does not require further steps. Information Tribunal FTT EA/2023/0265 appeal dismissed.
Exemptions cited: FOI 10; FOI 17; FOI 42
24 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from West Yorkshire Combined Authority relating to any regulation it may rely upon to refuse to investigate a complaint reported to the police. West Yorkshire Combined Authority refused the request under Section 14(1) of FOIA (vexatious requests). The Commissioner’s decision is that the request was vexatious and therefore West Yorkshire Combined Authority was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 14
View West Yorkshire Combined Authority
21 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about a product manufactured at the Royal Free London NHS Foundation Trust’s (“the Trust”) Centre for Cell, Gene and Tissue Therapeutics. The Trust provided information for request [3] and stated no information was held for request [6] but refused the remaining requests under section 43(2) of FOIA. The Commissioner’s decision is that the Trust has correctly engaged the exemption in relation to requests [4] and [5] and the public interest favours maintaining the exemption and withholding the information. In relation to requests [1], [2] and [7] the Commissioner has found the section 43(2) exemption is not engaged. The Commissioner requires the Trust to disclose the information requested at parts [1], [2] and [7].
Exemptions cited: FOI 43
View Royal Free London NHS Foundation Trust
21 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested an audio file with all the segmented voice data used by Northern Rail in their public address system. Northern Rail refused the request as vexatious, later adding that it considered the information would also be exempt under sections 41, 43, 24 and 38 of FOIA. The Commissioner’s decision is that Northern Rail has demonstrated the request is vexatious under section 14(1) of FOIA. He has therefore not gone on to consider the other exemptions and he requires no steps to be taken. Information Tribunal FTT EA/2023/0261 struck out.
Exemptions cited: FOI 14
View Northern Rail
21 Apr 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information about a study on attitudes to hydrogen gas as an alternative fuel source. The above public authority stated that it held no information. The Commissioner’s decision is that the first part of the request does not seek recorded information and is thus not valid. The Commissioner considers that the second part of the request fell to be dealt with under the EIR. As the public authority has not responded to the second part of the request, it has breached regulation 5(2) of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Confirm whether it holds any information within the scope of the request and, if it does, either provide a copy of that information or issue a refusal notice that complies with regulation 14 of the EIR.
Exemptions cited: EIR 2(1); EIR 5(2)
View Leeds Beckett University
21 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the Department for Levelling Up, Housing and Communities (DLUHC) relating to Building Safety Fund applications.
The Commissioner’s decision is that the DLUHC is entitled to rely on section 12(1) (cost limit) of the FOIA to refuse to provide the requested information. He also finds that the DLUHC met its obligations under section 16(1) of the FOIA to offer advice and assistance.
The Commissioner does not require the DLUHC to take any steps.
Exemptions cited: FOI 12; FOI 16
View Ministry of Housing, Communities and Local Government
20 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant made an 11-part request for information regarding the proposed re-opening of a medical facility. The above public authority denied holding any information within the scope of the request. The Commissioner’s decision is that the public authority did hold information within the scope of element [1], but, on the balance of probabilities, did not hold information within the scope of any other element at the point the request was responded to. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Either disclose the “indicative budget” figure that it provided to the Commissioner or issue a refusal notice that complies with section 17 of FOIA.
Exemptions cited: FOI 1
View NHS South East London ICB
20 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted an information request to Spelthorne Borough Council (“the Council”) regarding an investigation report into the use of social media by a Councillor.
The Commissioner’s decision is that the Council was correct to withhold the information under section 40(2) of FOIA.
The Commissioner does not require the Council to take any further steps as a result of this decision notice.
Exemptions cited: FOI 40
View Spelthorne Borough Council
20 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the following information from the Department for Business, Energy & Industrial Strategy (BEIS): “Please cam (sic) you tell me which make and models of gas meters have been tested since 2013? To be honest I expected this in the results.” 2. The Commissioner’s decision is that BEIS was correct to withhold the information under section 44(1)(a) of FOIA. 3. The Commissioner does not require BEIS to take any further steps in this case.
Exemptions cited: FOI 44
View Department for Business and Trade
20 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a copy of a report relating to a review of its Information Management Unit (“IMU”) from Nottingham Police. Nottinghamshire Police disclosed some information but refused to disclose the remainder citing sections 40(2) (Personal information) and 31(1)(a)(b) (Law enforcement) of FOIA. The Commissioner’s decision is that, where cited, section 40 has been properly applied. However, he finds that section 31 is not engaged. The Commissioner requires Nottinghamshire Police to disclose any information which has been withheld under section 31 and which is not exempt under section 40(2). Information Tribunal FTT EA/2023/0263 Consent Order.
Exemptions cited: FOI 31; FOI 40
20 Apr 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to the Chief Constable of Merseyside Police (Merseyside Police) accessing information from the National Student Database in 2019. By the date of this notice Merseyside Police had not issued a substantive response to this request. The Commissioner’s decision is that Merseyside Police has breached section 10(1) of FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires Merseyside Police to take the following step to ensure compliance with the legislation. Merseyside Police must provide a substantive response to the request in accordance with its obligations under FOIA. Merseyside Police 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 Merseyside Police
20 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Aldenham Parish Council (“the Council”) relating to the resignation of a Parish Councillor. The Commissioner’s decision is that the Council is entitled to rely on section 14(1) (vexatious request) of the FOIA to refuse to provide the requested information.The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 14