23 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about speed tolerance levels from Staffordshire Police. Staffordshire Police disclosed some information but refused to disclose the remainder citing sections 31(1)(a) and (b) (Law enforcement) of FOIA. The Commissioner’s decision is that Staffordshire Police was entitled to rely on sections 31(1)(a) and (b). No steps are required.
Exemptions cited: FOI 31
View Staffordshire Police
22 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about medical records. The above public authority denied holding the requested information. The Commissioner’s decision is that, on the balance of probabilities, the public authority does not hold any information within the scope of the request. The public authority did however breach section 10 of FOIA in responding to the request. The Commissioner does not require further steps.
Exemptions cited: FOI 1; FOI 10
View University College London Hospitals NHS Foundation Trust
22 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from North Yorkshire County Council (“the Council”) relating to policies and procedures implemented by the Council’s social complaints team.The Commissioner’s decision is that on the balance of probabilities, the Council has disclosed all the information it holds within the scope of the request. He does not require the Council to take any steps.
Exemptions cited: FOI 1; FOI 8
View North Yorkshire County Council
22 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has made a “meta request” for correspondence showing how a previous request was dealt with. The above public authority provided some information and relied on sections 40(1) and 40(2) of FOIA (personal data of the requester and personal data of third parties respectively) to withhold information. The Commissioner’s decision is that the public authority has correctly relied upon sections 40(1) and 40(2) of FOIA in respect of element [1]. In respect of both elements, it has provided the information that fell within the scope of the request. The Commissioner does not require further steps to be taken. Information Tribunal appeal UA-2024-000677-GIA PTA refused.
Exemptions cited: FOI 1; FOI 40
View NHS England
22 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the General Medical Council (“the GMC”) relating to the authorship of a policy document. The Commissioner’s decision is that the GMC is entitled to rely on section 40(2) (personal information) of the FOIA to withhold the requested information. The Commissioner does not require any steps to be taken as a result of this decision notice.
Exemptions cited: FOI 40(2)
View GMC
22 Feb 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about Whole Life Cycle Carbon Emission Assessments (WLCCEA) from London Borough of Lambeth (the Council). The Council cited regulation 12(4)(d) (material in the course of completion) of the EIR to withhold most of the information.The Commissioner’s decision is that regulation 12(4)(d) is engaged, but the balance of the public interest favours disclosure. However, the Commissioner finds that regulation 13 would apply to the information within the scope of part 3 and has applied this exception himself proactively. The Commissioner also finds that the Council breached regulation 5(2) and regulation 14(2) as it failed to provide its initial response within the statutory 20 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.Disclose the information at part 2 of the request.The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to co
Exemptions cited: EIR 12(4)(d); EIR 13; EIR 14(2)(1); EIR 5(2)
View London Borough of Lambeth
22 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested to know the number of times a particular barrister was appointed as Prosecution Counsel for the Crown Prosecution Service (‘the CPS’) over a three year period. The CPS refused the request on the grounds that the information was exempt from disclosure under section 40(2) of FOIA. The Commissioner’s decision is that section 40(2) was correctly applied to withhold the information. The Commissioner requires no steps as a result of this decision.
Exemptions cited: FOI 40
View Crown Prosecution Service
22 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the sale of council owned property under the Right to Buy scheme. Wigan Metropolitan Borough Council (‘the Council’) disclosed much of the requested information, but refused to disclose the full postcodes of the properties in question, on the grounds that the information was exempt under section 40(2) (Personal information) of FOIA. The Commissioner’s decision is that the Council was entitled to apply section 40(2) to refuse the request. The Commissioner requires no steps as a result of this decision.
Exemptions cited: FOI 40
View Wigan Council
22 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to a successful bid made to the DLUHC as regards its Community Ownership Fund. The DLUHC withheld the information under section 43(2) of FOIA. The Commissioner’s decision is that the DLUHC was correct to apply section 43(2) to withhold the requested information. The Commissioner does not require the DLUHC to take any steps.
Exemptions cited: FOI 43(2)
View Ministry of Housing, Communities and Local Government
22 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The Commissioner’s decision is that Colchester Royal Grammar School (‘the School’) was entitled to withhold some information in Full Governing Body minutes under section 43(2) of FOIA. It is commercially sensitive information and the public interest favoured maintaining the exemption. The School’s refusal notice did not comply with the requirements of section 17(3) of FOIA. It is not necessary for the School to take any steps.
Exemptions cited: FOI 17; FOI 43
View CLITHEROE ROYAL GRAMMAR SCHOOL
21 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to two meetings between Lord Grimstone, Minister of State and L3Harris. The Department for International Trade (DIT) disclosed some information and refused to disclose the remainder, citing sections 24(1) (national security), 27(1)(a) (international relations), 29(1) (the economy), 35(1)(a) (government policy), 40(2) (personal data), 41(1) (information provided in confidence), and 43(2) (commercial interests). The Commissioner’s decision is that DIT was entitled to rely on the exemptions at sections 24(1), 35(1)(a), 40(2) and 43(2) in respect of the withheld information. No steps are required.
Exemptions cited: FOI 24; FOI 35; FOI 40; FOI 43
View Department for International Trade
21 Feb 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to the planting of trees. The Borough Council of King's Lynn and West Norfolk (the “council”) disclosed some information and withheld other information under section 12(1) (Cost of compliance exceeds appropriate limit) of the FOIA. The council subsequently dropped its reliance on section 12(1). The Commissioner’s decision is that the council has failed to disclose all the information requested within the statutory time limit and that it is in breach of section 10(1) and section 1(1) of the FOIA. The Commissioner requires the council to disclose the requested information to the complainant.
Exemptions cited: FOI 1(1); FOI 10(1)
21 Feb 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested from London Borough of Ealing (“the Council”) information regarding a Penalty Charge Notice (PCN) they had received. The Council answered each question in turn but refused to comply with the request for personal details of employees and cited regulation 13(1) (personal information) of the EIR to withhold this.The Commissioner’s decision is the Council was entitled to withhold the information in accordance with regulation 13(1) of the EIR.The Commissioner does not require any steps to be taken as a result of this decision notice. Information Tribunal FTT appeal EA/2023/0141 dismissed.
Exemptions cited: EIR 13(1)
View Ealing Council
21 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information on meetings between the public authority formerly known as the Department for Business, Energy and Industrial Strategy (“BEIS”) and McDonald’s. The Commissioner’s decision is that the public authority formerly known as BEIS has appropriately relied on section 35(1)(a) to redact the information provided. The Commissioner finds a breach of FOIA section 17(1) as it did not issue a refusal notice within the required timescales. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.
Exemptions cited: FOI 17; FOI 35
View Department for Business and Trade
21 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested from Royal Borough of Kingston upon Thames (the Council) information regarding the number of times the Council used a specific response “the Public Interest Test” (PIT) to a FOIA request. The Council refused to comply with the request and cited section 12(1) (cost of compliance) of FOIA.The Commissioner’s decision is the Council was entitled to refuse to comply with the request in accordance with section 12(1) of FOIA. However, the Council failed to provide adequate advice and assistance in accordance with section 16(1) of FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.Provide advice and assistance to the complainant to assist in submitting a request falling within the appropriate limit. 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 Cou
Exemptions cited: FOI 12(1); FOI 16(1)
View Kingston upon Thames Council
21 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information held by Ribble Valley Borough Council (the council) about a complaint that may have been made against certain members of a parish council. The council cited various exemptions under FOIA as its basis for refusing certain parts of the request. It is the Commissioner’s decision that the council should have refused to confirm or deny whether it holds any information relevant to the request under section 40(5B)(a)(i) of FOIA. As the council failed to issue a refusal notice within 20 working days, the Commissioner has found a breach of section 17(1) of FOIA.
Exemptions cited: FOI 17; FOI 40
View Ribble Valley Borough Council
21 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The Commissioner’s decision is that UK Health Security Agency (UKHSA) has complied with section 1(1) of FOIA in respect of the request for information about COVID-19 testing equipment. There was no breach of section 16(1), which concerns advice and assistance, but UKHSA did breach section 10(1) in respect of the timeliness of its response. It is not necessary for UKHSA to take any steps.
Exemptions cited: FOI 1; FOI 10; FOI 16
View UK Health Security Agency
21 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested various information from the Welsh Government in respect of the 2018 - 2019 Trawscymru Annual Report. The Welsh Government refused the request citing section 14(1) (vexatious request) FOIA. The Commissioner’s decision is that the Welsh Government was entitled to rely on section 14(1) to refuse the request. Information tribunal UT PTA Refused.
Exemptions cited: FOI 14(1)
View Welsh Government
21 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to staff absence and bullying. The Trust provided some information within the scope of the request but refused to provide the remainder, citing section 40(2) (personal information). The Commissioner’s decision is that the Trust was entitled to withhold the requested information under section 40(2). The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 40(2)
View North East Ambulance Service NHS Foundation Trust
21 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Serious Fraud Office (“SFO”) for information regarding Football Index.The Commissioner’s decision is that SFO correctly relied on section 31(3) of FOIA to refuse to confirm or deny whether it held information falling within the scope of the request.The Commissioner does not require any further steps.
Exemptions cited: FOI 31(3)
View Serious Fraud Office
21 Feb 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
21 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information with regards to traffic fines issued. West Midlands Police (WMP) provided the complainant with the figure held, then a revised figure after carrying out an internal review. The Commissioner’s decision is that WMP has provided the information it holds falling within the scope of the request. The Commissioner does not require any steps.
Exemptions cited: FOI 1
View West Midlands Police
20 Feb 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant’s representative requested information from Luton Borough Council (‘the council’) regarding its decision to enforce planning laws against his client (the complainant) relating to a property. The council applied Regulation 12(4)(b) to refuse the request. The Commissioner’s decision is that the council is entitled to rely upon Regulation 12(4)(b) to refuse to respond to the request further, and that the public interest rests in the exception being maintained. The Commissioner does not require the council to take any steps.
Exemptions cited: EIR 12(4)(b); EIR 9
View Luton Borough Council
20 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a specified report from Staffordshire Fire and Rescue Service (‘SFRS’) following the death of a named firefighter. SFRS refused to provide the requested report citing a number of FOIA exemptions, namely section 14(1) (vexatious request), section 22 (information intended for future publication), section 40(2) (personal information) and section 41 (information provided in confidence). The Commissioner’s decision is that SFRS correctly applied section 14(1) of FOIA. As he has found section 14(1) to apply, he has not found it necessary to consider the other cited exemptions. The Commissioner requires no steps to be taken as a result of this decision. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0159 struck out.
Exemptions cited: FOI 14
View Staffordshire Fire and Rescue Service
20 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that although the British Film Institute (BFI) may hold the ‘building blocks’ to derive the requested figure for the proportion of its archived film material not available for viewing, the costs associated with doing so would exceed the appropriate limit and so section 12(1) of FOIA is engaged. There has been no breach of section 16(1) which concerns advice and assistance.
Exemptions cited: FOI 12; FOI 16
View British Film Institute
20 Feb 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information from Lydney Town Council (the Council) relating to a proposed “Greenway” path. The Commissioner issued a decision notice ordering the Council to respond. Following the decision notice, the Council provided a response to the complainant’s request. The complainant has complained further to the Commissioner that the Council has not provided all the information it holds. The Commissioner’s decision is that the Council has provided the recorded information it holds within the scope of parts 1 and 2 of the request, however it is not clear whether the Council holds recorded information within the scope of part 3 of the request. Therefore the Commissioner finds regulation 12(4)(a) of the EIR is not engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response to part 3 of the complainant’s request in accordance with the EIR. The Council must take these steps within 35 c
Exemptions cited: EIR 12(4)(a)
View Ilkley Town Council
20 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from the Civil Aviation Authority (CAA) about the Emiliano Sala case. The CAA provided some information, stated that it did not hold some information, and cited the exemption at section 40(2) of FOIA (personal information) to part of the request. It refused to confirm or deny whether it held some of the requested information, relying on section 44(2) of FOIA (statutory prohibitions on disclosure) and section 31(3) of FOIA (law enforcement). The Commissioner’s decision is that the CAA has correctly cited sections 31(3) and 44(2) of FOIA to neither confirm nor deny (NCND) whether it holds some of the requested information and that the public interest favours maintaining the NCND response in relation to section 31. He has also decided that the CAA has appropriately cited section 40(2) of FOIA. However, the Commissioner has recorded a breach of section 17 of FOIA. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 17; FOI 31(3); FOI 40(2); FOI 44
View Civil Aviation Authority
20 Feb 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The Commissioner’s decision is that Brent Council has correctly applied regulation 12(4)(b) of the EIR to the complainant’s request for information about the Stonebridge Park Complex, as the request is manifestly unreasonable.
Exemptions cited: EIR 12(4)(b)
View London Borough of Brent
20 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that the Royal Holloway University of London is entitled to withhold some of the requested information about its promotion process under section 40(2) of FOIA because it is other people’s personal data.Keywords: protected characteristic, reasonable adjustment
Exemptions cited: FOI 40
20 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from London Borough of Tower Hamlets a report that it commissioned in relation to fire safety works on a housing estate. The Council withheld the requested information under section 42(1) (legal professional privilege) of FOIA. The Commissioner’s decision is that the Council is entitled to withhold the requested information under section 42(1). The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 42
View London Borough of Tower Hamlets
17 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of a Qualitative Pilot Study report. Defra stated the information was not held. The Commissioner has found that the requested information is not held by Defra for the purposes of the FOIA by virtue of section 3(2).He requires no steps to be taken by Defra.
Exemptions cited: FOI 3
17 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested minutes of a cross-government group. The Commissioner’s decision is that the above public authority is entitled to rely on section 23 of FOIA and does not need to take further steps. Keywords: National Security Liaison Group
Exemptions cited: FOI 23
View Foreign, Commonwealth & Development Office
17 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
National Highways does not hold information relevant to the complainant’s request and has complied with section 1(1) of FOIA. The Commissioner does not require the Council to take any steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0093 under appeal.
Exemptions cited: FOI 1
View National Highways
17 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested minutes of a cross-government group. The Commissioner’s decision is that the above public authority is entitled to rely on section 23 of FOIA and does not need to take further steps. Keywords: National Security Liaison Group
Exemptions cited: FOI 23
View Cabinet Office
17 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about guidance on medical students. The above public authority provided some information but the complainant believes more is held. The Commissioner’s decision is that the public authority has provided all the information it holds in recorded form. The public authority breached section 10 of FOIA by providing information outside the 20 working day timeframe. The Commissioner does not require further steps.Keywords: adequacy
Exemptions cited: FOI 1; FOI 10
View Guy's and St Thomas' NHS Foundation Trust
17 Feb 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to a specific premises in Warrington. Warrington Borough Council (‘the Council’) refused to provide the requested information, originally citing section 43(2) (commercial interests) of FOIA and then regulation 12(5)(e) (commercial or industrial information) of the EIR. The Commissioner’s decision is that the information is exempt from disclosure under section 43(2). The Commissioner does not require the public authority to take the following steps to ensure compliance with the legislation.
Exemptions cited: EIR 12(5)(e); EIR 14(3)
View Warrington Council
17 Feb 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information relating to a water safety survey carried out in 2017. Balderton Parish Council (the” Council”) has stated that the Council never received this request, and they only became aware of the request when the Commissioner supplied a copy of the letter to them. They have since advised the requester that a copy of the information can be supplied on receipt of a fee of £1.68 which included postage.After several further exchanges of correspondence between the requester and the Council, the Council determined that the requests were considered to be taking up significant resources and cited regulation 12(4)(b) of the EIR to refuse to engage further on the issues raised.The Commissioner determined that the Council had satisfied the original request for information and that due to further requests it received around the same or similar theme, the Council was entitled to engage regulation 12(4)(b) of the EIR to refuse the requests. The Commissioner does not requ
Exemptions cited: EIR 12(4)(b)
17 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Crestwood Community School about the breakdown of IT staff by job grade. The Commissioner’s decision is that the public authority is entitled to rely on section 40(2) of FOIA to withhold all of the requested information. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 40(2)
17 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from London North Eastern Railway (LNER) about user facing guides/documentation relating to the S3 passenger system. LNER explained that it did not hold the requested information, nor was it held on its behalf. It is the Commissioner’s decision that, on the balance of probabilities, LNER does not hold the requested information. The Commissioner does not require LNER to take any steps as a result of this decision notice.
Exemptions cited: FOI 1(1)(a)
View London North Western Railways
17 Feb 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Observatory Medical Practice (“the OMP”) relating to the OMP’s process when administering coronavirus vaccinations to its patients. The Commissioner’s decision is that, on the balance of probabilities, the OMP does hold information within the scope of the request. Consequently, the Commissioner finds that the OMP breached section 1(1) of the FOIA. The Commissioner requires the OMP to take the following steps to ensure compliance with the legislation. The OMP must conduct fresh searches into the requested information and provide a new response which is adequate for the purposes of the FOIA. The OMP 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: FOI 1(1)
17 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested minutes of a cross-government group. The Commissioner’s decision is that the above public authority is entitled to rely on section 23 of FOIA and does not need to take further steps. Keywords: National Security Liaison Group
Exemptions cited: FOI 23
View Home Office
17 Feb 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information relating to a specific piece of land. Natural England disclosed information in response to the request and withheld the rest, citing regulation 12(3) (personal information), regulation 12(4)(e) (internal communications) and regulation 12(5)(b) (legal professional privilege). The Commissioner’s decision is that the requested information is the complainant’s personal data and therefore regulation 5(3) applies. This means Natural England was not obliged to comply with the request. The Commissioner does not require the public authority to take any steps.
Exemptions cited: EIR 5(3)
View Natural England
17 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested two files relating to the Lockerbie bombing. The DfT refused to provide the requested information, citing several exemptions. The Commissioner’s decision is that the entire files are exempt under section 24(1) (national security). The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 24
View Department for Transport
17 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested minutes of a cross-government group. The Commissioner’s decision is that the above public authority is entitled to rely on section 23 of FOIA and does not need to take further steps. Keywords: National Security Liaison Group
Exemptions cited: FOI 23
View National Police Chiefs Council
17 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from Leeds City Council (‘the public authority’). The Commissioner’s decision is that the public authority is entitled to rely on section 40(2) of FOIA to withhold all of the requested information. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 17; FOI 40
View Leeds City Council
16 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainants have requested a report into an allegation concerning a late relative, from the Metropolitan Police Service (the “MPS”). The MPS would neither confirm nor deny whether it held the report, citing section 40(5B) (Personal information) of FOIA. The Commissioner’s decision is that the MPS was entitled to rely on section 40(5B). No steps are required.
Exemptions cited: FOI 40
View Metropolitan Police Service
16 Feb 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested various information from the Financial Conduct Authority (‘the FCA’) in respect of Lendy. The FCA refused the request citing section 30 FOIA. The Commissioner’s decision is that the FCA breached section 17(1)(b) FOIA by failing to specify the relevant subsection of the exemption upon which it was relying. The Commissioner considers that this is necessary in order that the applicant is clear about the reason a request is refused.
Exemptions cited: FOI 30
View Financial Conduct Authority
16 Feb 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to a completed report. By the date of this notice London Borough of Tower Hamlets (the Council) had not issued a substantive response to this request. The Commissioner’s decision is that the Council 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 the Council to take the following step to ensure compliance with the legislation. The Council must provide a substantive response to the request in accordance with its obligations under FOIA. The Council 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 London Borough of Tower Hamlets
16 Feb 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested company accounts submitted with a planning application. Wigan Metropolitan Borough Council (the “council”) refused the request, citing the exceptions for commercial confidentiality (regulation 12(5)(e)) and the interests of the information provider (regulation 12(5)(f)). The Commissioner’s decision is that the council failed to demonstrate the exception in regulation 12(5)(e) was engaged but that it correctly withheld the information under regulation 12(5)(f). The Commissioner does not required the council to take any steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0137 appeal allowed in part.
Exemptions cited: EIR 12(5)(e); EIR 12(5)(f)
View Wigan Council
16 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from Great Western Hospitals NHS Foundation Trust (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 did not comply with its obligations under section 16 of FOIA to offer advice and assistance. The Commissioner requires the public authority to take the following steps: Provide advice and assistance to the complainant to assist in submitting a request falling within the appropriate limit.The public authority must take the above 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 12(1); FOI 16
View Great Western Hospitals NHS Foundation Trust