12 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 Department for Energy Security and Net Zero
12 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from NHS England for the recorded minutes for the UK IPC cell from 23 January 2020. NHS England advised it holds the requested information, however, it was relying on section 12 of FOIA – cost of compliance exceeds the appropriate limit. The Commissioner’s decision is that NHS England is entitled to refuse to comply with the request in accordance with section 12(1) of FOIA. NHS England has also complied with 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(1); FOI 16
View NHS England
12 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant submitted an information request to the Legal Aid Agency (“LAA”) for copies of all reports on Payments on Account in Civil Legal Aid cases. The LAA is an executive agency of the Ministry of justice (“MoJ”) therefore the MoJ is the appropriate public authority for the purposes of FOIA. .The Commissioner’s decision is that the request was vexatious and therefore the MoJ was entitled to rely upon section 14(1) of FOIA to refuse it. However, the MoJ breached section 17(5) as it failed to provide its refusal notice within the statutory 20 working days.The Commissioner does not require the MoJ to take any further steps as a result of this decision notice. Information Tribunal FTT EA/2023/0245 appeal withdrawn.
Exemptions cited: FOI 14(1); FOI 17(5)
View Ministry of Justice
12 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about legal challenges to the Ultra Low Emission Zone (ULEX). The Greater London Authority (GLA) withheld the information requested section 32 (court records). The Commissioner’s decision is that the Council was entitled to relay in section 32 to withhold the requested information. The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 32
View Greater London Authority
12 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 Canal and River Trust
12 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to the immigration/asylum record for the Liverpool Women's Hospital bomber. The Home Office provided some information but withheld the remainder, citing sections 21(1) (information accessible to applicant by other means), 38(1)(a) and (b) (health and safety), 31(1)(e) (law enforcement), 40(2) (personal information) and 41(1) (information provided in confidence) of FOIA. The Commissioner has investigated its application of sections 31, 38, 40 and 41. The Commissioner’s decision is that the Home Office was entitled to withhold the information withheld by virtue of those exemptions. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 31; FOI 38; FOI 40; FOI 41
View Home Office
12 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested copies of specific audit review reports. The Care Quality Commission (the CQC) withheld the information under sections 31 (law enforcement) and 40(2) (personal data) of the FOIA. In their internal review, the complainant refined their request to one specific audit report. The CQC maintained that the one report was exempt under sections 31 and 40(2). During the course of the Commissioner’s investigation, the CQC also relied on sections 36(2)(b)(i) and (ii) (prejudice to the effective conduct of public affairs) to withhold the information. The Commissioner’s decision is that the CQC correctly applied section 31 to the withheld information. The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 31
View CQC
12 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has submitted a multi part request for information regarding speed cameras in a specific location. Lancashire Constabulary (“the Police”) disclosed some information and relied on section 31(1)(a) and (b) of FOIA to withhold information for parts two, three, four and five of the request. The Commissioner’s decision is that the Police were 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 Lancashire Constabulary
12 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 Walsall Healthcare NHS Trust
12 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from The National Archives (“TNA”) in relation to copies of all transcripts and court documents about a specific murder investigation. TNA refused to provide the withheld information, citing section 38 of FOIA – health and safety and section 40(2) of FOIA – personal information. The Commissioner’s decision is that section 38(1) of FOIA is engaged and that the public interest lies in maintaining the exemption. However, as TNA did not respond to the request within the legislative timeframe, it has breached section 10 of FOIA. The Commissioner does not require TNA to take any steps as a result of this decision notice. Information Tribunal FTT EA/2023/0428 appeal dismissed.
Exemptions cited: FOI 10(1); FOI 38(1)(a)
View The National Archives
11 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the Department of Health Northern Ireland (the ‘DoH’) about the Vaccination Status of Deaths and Hospitalisations on its website. The DoH stated that it did not hold the requested information.The Commissioner’s decision is that, on the balance of probabilities, the DoH does not hold the requested information.The Commissioner requires no steps to be taken as a result of this decision. Information Tribunal FTT EA/2023/0254 struck out.
Exemptions cited: FOI 1(1)
View Department of Health NI
11 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the City of Wolverhampton Council (“the Council”) in relation to the costs of children’s residential placements. The Council provided some information, but withheld the remainder, citing section 40(2) 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. The Commissioner does not require the Council to take any steps as a result of this decision notice.
Exemptions cited: FOI 40(2)
View Wolverhampton City Council
11 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the Buckinghamshire Grammar Schools (TBGS) relating to its Secondary Transfer Test.The Commissioner’s decision is that TBGS is entitled to rely on section 41 (information provided in confidence) of the FOIA to refuse to provide the information requested in part 1 of the request. He has also determined that on the balance of probabilities, TBGS does not hold the information requested in part 2 of the request.The Commissioner does not require TBGS to take any steps.
Exemptions cited: FOI 1; FOI 41
11 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information associated with the cost of the Holocaust Memorial and Learning Centre. The Department for Levelling Up, Housing and Communities refused the request, citing the exemption for formulation of government policy (section 35(1)(a)). The Commissioner’s decision is that the Department for Levelling Up, Housing and Communities was entitled to rely upon section 35(1)(a) to withhold the requested information. The Commissioner does not require any steps. Information Tribunal appeal EA/2023/0232 appeal dismissed.
Exemptions cited: FOI 35(1)(a)
View Ministry of Housing, Communities and Local Government
6 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Maritime and Coastguard Agency (“the MCA”) relating to their own vessel whilst in possession of the MCA. The Commissioner’s decision is that, on the balance of probabilities, the MCA has provided all recorded information relevant to the request and does not hold any further relevant information. The MCA has complied with section 1(1) of FOIA.The Commissioner therefore does not require the MCA to take any corrective steps.
Exemptions cited: FOI 1
View Maritime and Coastguard Agency
6 Apr 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information held by the Department for Environment Food & Rural Affairs (“DEFRA”) related to a report reviewing the impact of domestic combustion from wood burning stoves. DEFRA eventually disclosed the information, but the complainant believes more is held. The Commissioner’s decision is that, on the balance of probabilities, DEFRA has disclosed all of the relevant information it holds within the scope of the request and therefore, regulation 12(4)(a) of the EIR is engaged. The Commissioner also finds that DEFRA has breached Regulations 5(2) and 14(2) of the EIR.The Commissioner does not require further steps
Exemptions cited: EIR 12(4)(a)
6 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested East Suffolk Council (ESC) provide a full list of all businesses in both Ipswich and Felixstowe that qualify to pay the BID levy along with their rateable values, addresses and landlord details if the premises are vacant.
ESC refused the request citing the exemptions section 40 (Personal Information), section 31(1)(a) (Law enforcement) and Section 41 (Information provided in confidence) of FOIA as its reasons for doing so.
The Commissioner’s decision is that ESC has correctly relied on section s31(1)(a) (Law enforcement) of FOI to withhold all information within the scope of the request
The Commissioner does not require ESC to take any further action.
Exemptions cited: FOI 31
View East Suffolk Council
6 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the handling of a particular allegation of misconduct in a public office against a number of individuals. The Office of the Police and Crime Commissioner for Dorset (“OPCC”) refused the request under section 14(1) (vexatious requests) of FOIA.The Commissioner’s decision is that the request was vexatious and therefore the OPCC was entitled to rely on section 14(1) of FOIA to refuse it.The Commissioner does not require the OPCC to take any further steps in relation to this matter.
Exemptions cited: FOI 14(1)
5 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 London Borough of Croydon
5 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to audio recordings of distress calls made from the English Channel. The Maritime and Coastguard Agency (“the MCA”) has relied on several exemptions to withhold the information. The Commissioner’s decision is that it would not be reasonably practicable in the circumstances to expect the MCA to provide the information as transcripts and therefore it has complied with its obligations under section 11 of FOIA. The Commissioner considers that the MCA is entitled to rely on section 40(2) of FOIA to withhold the audio recordings. The Commissioner does not require further steps.
Exemptions cited: FOI 11; FOI 40(2)
View Maritime and Coastguard Agency
5 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
In a multipart request, the complainant has requested information about individuals who are, or have been, under investigation by the Serious Fraud Office (‘SFO’). The SFO 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 SFO was entitled to rely on section 12(1) to refuse the request.
Exemptions cited: FOI 12
View Serious Fraud Office
5 Apr 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to a sewage treatment works. The above public authority provided some information, relied on regulation 12(5)(b) of the EIR (course of justice) to withhold some and refused to provide the remainder on the basis that it was not environmental information. The Commissioner’s decision is that the public authority has correctly relied on regulation 12(5)(b) of the EIR to withhold information within the scope of elements [3], [4] and [5] and the balance of the public interest favours maintaining the exception. In respect of element [6], the Commissioner considers that the information is environmental and therefore the public authority has failed to comply with its obligations under the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: either provide the information it holds within the scope of element [6] of the request or issue a refusal notice that complies with regul
Exemptions cited: EIR 12(5)(b); EIR 2(1)
View Severn Trent Water
5 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to ownership of a particular piece of land. Bickenhill & Marston Green Parish Council (the Parish Council) refused to provide some of the requested information, citing section 42 (legal professional privilege) of FOIA. The Commissioner’s decision is that the Parish Council was entitled to withhold that information under section 42. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 42
5 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to the University’s investment portfolio. The University disclosed some information in response to the request but also withheld some because it was commercially sensitive. The Commissioner’s decision is that the withheld information engages section 43(2) and the public interest lies in maintaining the exemption. However, the Commissioner has recorded procedural breaches of section 10 and section 17 of FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 10; FOI 17; FOI 43(2)
View Royal Agricultural University
5 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about an individual whose arrest in an immigration raid was blocked by protesters. The Home Office refused the request on the grounds that the information was exempt under section 31(1)(e) (Law enforcement), 38 (Health and Safety) and 40(2) (Personal information) of FOIA. The Commissioner’s decision is that the Home Office was entitled to apply section 40(2) to refuse the request. The Commissioner does not require steps as a result of this decision. Information Tribunal FTT EA/2023/0244 appeal dismissed.
Exemptions cited: FOI 40
View Home Office
5 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to a blogpost. The above public authority relied on section 36 of FOIA (prejudice to the effective conduct of public affairs) to withhold the information. The Commissioner’s decision is that the public authority has correctly relied on section 36 of FOIA and that the balance of the public interest favours maintaining the exemption. The public authority breached section 17 of FOIA as it took an unreasonable amount of time to consider the balance of the public interest. The Commissioner does not require further steps to be taken.
Exemptions cited: FOI 17; FOI 36
View Cabinet Office
5 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about Government proposals submitted to the European Commissioner regarding work permits for creative professionals. The Foreign, Commonwealth & Development Office (FCDO) refused to disclose the information on the basis of sections 27(1)(b)-(d) (international relations) of FOIA. The Commissioner’s decision is that the FCDO can withhold this information on the basis of sections 27(1)(b)-(d) and that in all the circumstances of this request the public interest favours maintaining the exemptions. The Commissioner does not require the FCDO to take any steps.
Exemptions cited: FOI 27
View Foreign, Commonwealth & Development Office
5 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about late family members who were involved in historically significant activities during the British rule of Palestine. The Foreign, Commonwealth & Development Office (FCDO) cited section 12 (cost of compliance), section 14 (repeat requests) of FOIA to refuse to comply with the request and section 21 (accessible by other means) to withhold information.The Commissioner’s decision is that FCDO was correct to rely on section 12(2), section 14(2) and section 21(1) of FOIA in the manner that it has done.The Commissioner does not require FCDO to take any further steps. Information Tribunal appeal EA/2023/0229 appeal withdrawn.
Exemptions cited: FOI 12; FOI 14(2); FOI 21
View Foreign, Commonwealth & Development Office
4 Apr 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant submitted an information request to Powys County Council (“the Council”) for information relating to any roads that are known to be omitted from the National Street Gazetteer (NSG) and requesting a map of the maintained roads in Radnorshire.The Commissioner’s decision is that the information is publicly available and readily accessible to the complainant and therefore the Council was correct to rely on regulation 6(1)(b) of the EIR. However, in failing to respond to the internal review within the statutory timescale, the Commissioner has determined that the Council breached regulation 11(4) of the EIR.The Commissioner does not require the Council to take any further steps as a result of this decision notice.
Exemptions cited: EIR 11(4); EIR 6(1)(b)
View Powys County Council
4 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a request for all written evidence from a particular Ofsted inspection. Ofsted refused to disclose the requested information under section 33(2) of FOIA .
The Commissioner considers that Ofsted was entitled to rely upon section 33(2) of FOIA to refuse the request in this case.
The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 33
View Office for Standards in Education, Children's Services and Skills
4 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from East Riding of Yorkshire Council (the Council) about work done by an external consultant. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold further information within the scope of the request. However, he finds that the Council breached section 10(1) (time for compliance) of FOIA by failing to provide a valid response to the request within the statutory timeframe of 20 working days. No steps are required as a result of this decision.
Exemptions cited: FOI 1; FOI 10
View East Riding of Yorkshire Council
4 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Hampshire Constabulary information in relation to an incident which occurred in police custody. The Commissioner’s decision is that Hampshire Constabulary correctly relied on Section 40(5B)(a)(i) of FOIA to refuse to confirm or deny whether it held information falling within the scope of the request. The Commissioner does not require Hampshire Constabulary to take any steps as a result of this decision notice.
Exemptions cited: FOI 40(5)(b)(a)(i)
4 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested communication between former Prime Minister Rt Hon Boris Johnson MP and Lord Brownlow of Shurlock Row 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
4 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to striking teachers. Ashley Down Schools Federation (“the School”) refused to provide the requested information because to do so would breach the data protection principles. The Commissioner’s decision is that the School was correct to rely upon section 40(2) as its basis for refusing to provide the requested information. However, the School breached section 17 (refusal of request) of FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 17; FOI 40(2)
4 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested DfT to disclose the legal advice it obtained when considering their request for an investigation. DfT withheld the information citing section 42 of FOIA. The Commissioner’s decision is that the withheld information is exempt under FOIA by virtue of section 40(1), as it constitutes the personal data of the complainant. To the extent that the withheld information contains other information, the Commissioner is satisfied that section 42 of FOIA applies. He has however recorded a breach of section 10 of FOIA, as DfT failed to respond to the complainant’s request within 20 working days of receipt. The Commissioner does not require any further action to be taken.
Exemptions cited: FOI 40(1)
View Department for Transport
4 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 Department for Business and Trade
4 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested copies of correspondence between Boris Johnson and Christopher Pincher, relating to Christopher Pincher’s resignation as Deputy Chief Whip.The Commissioner’s decision is that, on balance of probabilities, the Cabinet Office did not hold any information falling within the scope of the request. The Commissioner does not require the Cabinet Office to take any steps.
Exemptions cited: FOI 1(1)
View Cabinet Office
4 Apr 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information relating to feedback for Phase 2 of the Levenshulme and Burnage Active Neighbourhood project and any email correspondence between Burnage Ward Councillors and the project team/Highways regarding the project from Manchester City Council (“the Council”). The Council disclosed some information within scope of the request; however, it withheld some information under regulation 12(4)(e) of the EIR, the internal communications exception.The Commissioner’s decision is that the Council was entitled to rely on regulation 12(4)(e) of the EIR to withhold the requested information.The Commissioner does not require any steps to be taken as a result of this decision.
Exemptions cited: EIR 12(4)(e)
View Manchester City Council
4 Apr 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from the Homes & Communities Agency (trading as Homes England) a ‘job evaluation score’. HE withheld the requested information under section 43(2) of FOIA. The Commissioner’s decision is that HE was not entitled to withhold the requested information under section 43(2). The Commissioner requires HE to take the following steps to ensure compliance with the legislation: Disclose the withheld information.
Exemptions cited: FOI 43(2)
View Homes England
3 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about MK ULTRA, v2k technology and Covert Human Intelligence Services from the Metropolitan Police Service (the “MPS”). The MPS advised that to ascertain whether or not the requested information was held would exceed the cost limit at section 12(2) (Cost of compliance exceeds appropriate limit) of FOIA.The Commissioner’s decision is that it was entitled to rely on section 12(2) and that it complied with its duties under section 16 (Advice and assistance) of FOIA. No steps are required.
Exemptions cited: FOI 12; FOI 16
View Metropolitan Police Service
3 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to whether The Council of the University of Cambridge (the University) has a insurance policy which covers employees legal fees. The Commissioner’s decision is: The University has breached section 16 of FOIA by failing to engage with the complainant to clarify the nature and scope of the request. The University, on the balance of probabilities, does not hold additional information within the scope of the request except for the policy itself. The University breached section 10(1) of FOIA by not providing a response to the insurance policy request within 20 working days. The Commissioner does not require the public authority to take any further steps.
Exemptions cited: FOI 1; FOI 10(1); FOI 16
3 Apr 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information with regards to land used for educational purposes. Bristol City Council (the council) refused the request under regulation 12(4)(b) of the EIR as it deemed it to be manifestly unreasonable. The Commissioner’s decision is that regulation 12(4)(b) of the EIR is not engaged. The Commissioner requires the council to take the following steps to ensure compliance with the legislation. Issue a fresh response to the complainant’s request without relying on regulation 12(4)(b) of the EIR. The 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 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: EIR 12(4)(b)
View Bristol City Council
3 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about ‘mind control’ projects from the Home Office. The Home Office would neither confirm nor deny (“NCND”) holding any information citing sections 23(5) (Information supplied by, or relating to, bodies dealing with security matters), 24(2) (National security) and 27(4) (International relations) of FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on sections 23(5) and 24(2) to NCND holding the requested information. No steps are required.
Exemptions cited: FOI 23; FOI 24
View Home Office
3 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the City of Bradford Metropolitan District Council (“the Council”) relating to the Council’s current and previous Data Protection Officers (DPO). The Commissioner’s decision is that the Council is entitled to rely on section 40(2) (personal information) of the FOIA to refuse to provide the names of previous DPOs.The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 40(2)
View City of Bradford Metropolitan District Council
3 Apr 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to a commercial relationship with Sainsbury’s. Channel Four Television Corporation (“Channel 4”) responded that the requested information was covered by the derogation and hence excluded from FOIA. The Commissioner’s decision is that this information was held by Channel 4 for the purposes of journalism, art or literature and so was not covered by FOIA. He therefore upholds the Channel 4’s position and requires no remedial steps to be taken in this case. Information Tribunal appeal EA/2023/0210 dismissed.
Exemptions cited: FOI 3
View Channel 4
3 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from the Department for International Trade (DIT). The information requested concerned export licence applications by UK companies to export any military list and/or dual use items to Israel for military end-use by the State of Israel within a specified timeframe. The DIT provided some information but withheld other information, citing sections 22, 43(2), 41, 44 and 36 of FOIA. Though some information was provided after the initial response, the DIT said that it did not hold any more information than it had already provided or was withholding under the cited exemptions. The complainant queried whether further information was held. On 7 February 2023 a machinery of government change was announced whereby the DIT was merged into a new government department, the Department for Business and Trade (DBT). This decision notice has therefore been issued to the DBT in respect of information originally requested from the DIT. The Commissioner’s decision is t
Exemptions cited: FOI 1; FOI 10
View Department for Business and Trade
3 Apr 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from the London Borough of Lewisham (the Council), regarding assessment information in relation to a property. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold any additional information within the scope of the request. The Commissioner also finds that the Council breached section 10(1) of FOIA by not responding within 20 working days. The Commissioner does not require further steps.
Exemptions cited: FOI 1; FOI 10(1)
View Lewisham Council
3 Apr 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information relating to a report about a lighting column.The Commissioner’s decision is that on the balance of probabilities, the Council does not hold information within the scope of the request and therefore, regulation 12(4)(a) (information not held) of the EIR is engaged.However, he also finds that the Council breached regulation 11 (reconsideration) of the EIR by failing to provide the complainant with the outcome of its internal review within 40 working days. The Commissioner does not require the Council to take any steps.
Exemptions cited: EIR 11; EIR 12(4)(a)
View Gateshead Council
31 Mar 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the University’s investment portfolio. The University disclosed some information in response to the request but also withheld some under section 43(2) (commercial interests). The Commissioner’s decision is that the withheld information engages section 43(2) and the public interest lies in maintaining the exemption. The Commissioner does not require further steps.
Exemptions cited: FOI 43(2)
View The University of Liverpool
31 Mar 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from the Homes & Communities Agency (trading as Homes England) a ‘job evaluation score’. HE withheld the requested information under section 43(2) of FOIA. The Commissioner’s decision is that HE was not entitled to withhold the requested information under section 43(2). The Commissioner requires HE to take the following steps to ensure compliance with the legislation: Disclose the withheld information.
Exemptions cited: FOI 43(2)
View Homes England