8 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that, on the balance of probabilities, Clifton Primary School (‘the School’) does not hold the requested information about a new nursery. The School complied with section 1(1) of FOIA and it is not necessary for it to take any steps.
Exemptions cited: FOI 1
View SKELTON PRIMARY SCHOOL
8 Feb 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information relating to the construction of a new hospital and the collapse of Carillion. The Trust refused to comply with the request, citing regulation 12(4)(b) (manifestly unreasonable) of the EIR. The Commissioner’s decision is that the Trust was entitled to refuse the request under regulation 12(4)(b). The Commissioner does not require the public authority to take any steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0077 under appeal.
Exemptions cited: EIR 12(4)(b)
View Liverpool University Hospitals NHS Foundation Trust
8 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a copy of an investigation report. The above public authority finally came to rely on section 36 (effective conduct of public affairs) and section 40(2) of FOIA (third party personal data) to withhold the requested information. The Commissioner’s decision is that the public authority has correctly engaged section 36 of FOIA, but the public interest favours disclosing the majority of the information. There is a small amount of identifiable information in the report which the public authority may rely on section 40(2) of FOIA to withhold. The remainder is not personal data. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose, to the complainant, a copy of the withheld information. The public authority may redact the information specified in the confidential annex to this noticeKeywords: suspicion of wrongdoing, independent report, audit
Exemptions cited: FOI 36; FOI 40
View University Hospitals of Leicester NHS Trust
8 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
View Liverpool City Council
8 Feb 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the University of Exeter (“the University”) in several parts, the majority of which were answered. The University refused to provide the number of students admitted to the law school for two academic years on the basis of section 21 of FOIA. The Commissioner’s decision is that the University has incorrectly applied section 21 to the request. The Commissioner requires the University to issue a fresh response to the request which does not cite section 21 of FOIA.
Exemptions cited: FOI 21
View The University of Exeter
8 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a three part request to the Charity Commission for minutes of meetings relating to a named charity. The Charity Commission stated that it did not hold any information falling within the scope of parts one and three of the request. It withheld the information requested in part two of the request, relying on the exemptions under sections 31(1) (law enforcement) and 40(2) (personal information) of FOIA. With regards to parts one and three of the request, the Commissioner’s decision is that, on the balance of probabilities, the Charity Commission does not hold the requested information. With regards to part two of the request, the Commissioner’s decision is that the Charity Commission was entitled to rely on section 31(1)(g) of FOIA to withhold the requested information. The Commissioner does not require the Charity Commission to take any steps as a result of this decision notice.
Exemptions cited: FOI 1; FOI 31
View The Charity Commission
8 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to its “Desistance and Disengagement Programme” from the Home Office. The Home Office refused to provide the requested information citing sections 24(1) (National security), 38 (1) (Health and safety) and 40(2) (Personal information) of FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 24(1) to withhold the requested information. He requires no steps to be taken.
Exemptions cited: FOI 24
View Home Office
8 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a request for copies of correspondence between the Prime Minister and the British Government and the World Economic Forum over a unspecified period. The Cabinet Office refused the request under section 14(1) of FOIA (vexatious requests).The Commissioner’s decision is that the request was vexatious and therefore the Cabinet Office was entitled to rely upon section 14(1) of FOIA to refuse it. No steps are required.
Exemptions cited: FOI 14(1)
View Cabinet Office
8 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the General Medical Council (GMC) relating to FTP investigations. GMC refused the request under section 14(1) of FOIA (vexatious requests). The Commissioner’s decision is that the request was vexatious and therefore GMC was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require any steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0090 appeal dismissed.
Exemptions cited: FOI 14(1)
View GMC
8 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the Port Approval for the Port of Immingham. The Commissioner’s decision is that the Home Office was entitled to apply section 31(1)(a) and (e) of FOIA to withhold the requested information. The Commissioner requires no steps as a result of this decision. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0092 appeal dismissed.
Exemptions cited: FOI 31
View Home Office
8 Feb 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information regarding planning complaints received by Harrow Council between 8 April 2019 and 19 April 2019.The Commissioner is satisfied that Harrow Council has provided the complainant with all the requested information it holds.
Exemptions cited: EIR 5
View Harrow Council
8 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a request for copies of correspondence between Boris Johnson and the British Government and the World Economic Forum over a specified period. The Cabinet Office refused the request under section 14(1) of FOIA (vexatious requests).The Commissioner’s decision is that the request was vexatious and therefore the Cabinet Office was entitled to rely upon section 14(1) of FOIA to refuse it. No steps are required.
Exemptions cited: FOI 14(1)
View Cabinet Office
8 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(1)
View NHS England
7 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from Cornwall 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 some of the requested information. He is also satisfied that the Council does not hold any further information within the scope of the request.
Exemptions cited: FOI 1; FOI 10; FOI 40
View Cornwall Council
7 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that Devon Partnership NHS Trust is entitled to refuse the complainant’s request for information about the treatment of psychopathy under section 14(1) of the FOIA, as the request is vexatious. The Commissioner does not require any steps.
Exemptions cited: FOI 14(1)
View Devon Partnership NHS Trust
7 Feb 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information obtained from a hysteroscopy patient satisfaction survey. Birmingham’s Women and Children’s NHS Foundation Trust (‘the Trust’) refused to provide the requested information, citing section 22a (research). The Commissioner’s decision is that:In failing to respond to the request within twenty working days, the Trust breached section 10 (time for compliance with request).Section 22a is engaged but the public interest lies in disclosure. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the requested information. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0129 Consent Order.
Exemptions cited: FOI 10; FOI 22A
View Birmingham Women's NHS Foundation Trust
7 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about an application to the Building Safety Fund in respect of a particular building. The above public authority relied on section 38 of FOIA (health and safety) to refuse to confirm or deny whether the information was held. The Commissioner’s decision is that the public authority is entitled to rely upon section 38 to refuse to confirm or deny whether the information is held and the balance of the public interest favours maintaining this exemption. The public authority breached section 17 of FOIA as it failed to issue its refusal notice within 20 working days. The Commissioner does not require further steps.Keywords: cladding
Exemptions cited: FOI 17; FOI 38
View Ministry of Housing, Communities and Local Government
7 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested data relating to the National Student Survey. The Commissioner’s decision is that the Office for Students (‘OfS’) is entitled to withhold the requested information under section 43(2) (commercial interests) of FOIA. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 43(2)
View Office for Students
7 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from Southern Health and Social Care 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 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 12; FOI 16
View Southern Health and Social Care Trust
7 Feb 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information from Cornwall Council (“the Council”) regarding a specific property and the surrounding areas. The Council refused to comply with the request, citing regulation 12(4)(b) of the EIR – manifestly unreasonable. The Commissioner’s decision is that the Council was entitled to refuse to comply with the request in accordance with regulation 12(4)(b) of the EIR. The Commissioner also finds that the Council has complied with its obligation under regulation 9 of the EIR, to offer advice and assistance. However, the Council failed to respond to the request for an internal review within 40 working days and as such, has breached regulation 11(4) of the EIR. The Commissioner does not require the Council to take any steps as a result of this decision notice.
Exemptions cited: EIR 11(4); EIR 12(4)(b); EIR 9(1)
View Cornwall Council
7 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Hertsmere Borough Council (“the Council”) relating to waste collection vehicles and the replacement of wheelie bins.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. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0105 appeal allowed.
Exemptions cited: FOI 14(1)
View Hertsmere Borough Council
7 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to Transport for Wales (“TfW”) for information relating to decisions taken about passenger assistance during Storm Eunice. The Commissioner’s decision is that TfW was entitled to rely on section 41(1) of FOIA to withhold the requested information. The Commissioner does not require any further steps.
Exemptions cited: FOI 41(1)
View Transport for Wales Rail
7 Feb 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information from National Highways (NH) on the structure of Rudgate Bridge and Great Musgrave Bridge; parts of the Historical Railways Estate. NH refused to comply with these requests citing regulation 12(4)(b) (manifestly unreasonable) of the EIR. The Commissioner’s decision is that NH is entitled to refuse to comply with the request on the basis that regulation 12(4)(b) of the EIR applies. The Commissioner does not require any further action to be taken. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0134 appeal dismissed.
Exemptions cited: EIR 12(4)(b)
View National Highways
7 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(1)
View NHS England
7 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about service complaints raised with the Financial Ombudsman Service (“FOS”).The Commissioner’s decision is that the FOS was entitled to refuse to comply with the request in accordance with section 12(1). The Commissioner also finds that the FOS complied with its obligations under section 16 of FOIA to offer advice and assistance. However he finds that the request was not responded to within the statutory 20 working days’ time limit which is a breach of section 10(1) of FOIA. The Commissioner does not require any steps.
Exemptions cited: FOI 10(1); FOI 12(1); FOI 16
7 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from London Borough of Hackney (the council) in relation to the advertising of job vacancies in The Guardian from 1 January 2018. The council disclosed some information but withheld the remainder citing section 43 of FOIA. The Commissioner’s decision is that the council is entitled to rely on section 43 of FOIA. He therefore does not require any further action to be taken.
Exemptions cited: FOI 43
View London Borough of Hackney
6 Feb 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information from Harrogate Borough Council (the Council) about a local leisure centre and swimming pool. The Council has refused to comply with the requests on the basis that they consider them to be vexatious.The Commissioner’s decision is that the Council has correctly relied on section 14(1) of FOIA and regulation 12(4)(b) of the EIR to refuse the requests, and that the balance of the public interest favours maintaining the exception so far as the environmental information is concerned. The Commissioner does not require the public authority to take any further steps.
Exemptions cited: EIR 12(4)(b); FOI 14(1)
6 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The Commissioner’s decision is that the University of Exeter (‘the University’) incorrectly relied on section 21 of FOIA to refuse to comply with parts 2a and 2b of the request about student accommodation. However, the University was not obliged to comply with these parts under section 12(1) of FOIA as to do so would exceed the appropriate cost limit. There was no breach of section 16(1) with regards to parts 2a and 2b.The University does not hold the information requested in parts 2c and 2d of the request and incorrectly applied section 12(1) to those parts. With regard to those parts it breached section 10(1) of FOIA as it did not comply with section 1(1) within 20 working days. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0122 appeal dismissed.
Exemptions cited: FOI 1; FOI 10; FOI 12; FOI 16; FOI 21
View The University of Exeter
6 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
View NHS England
6 Feb 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested SDEN to disclose all correspondence with Barratts up to and including 31 December 2017. Sutton Council (the council, on behalf of SDEN) refused the request in accordance with regulation 12(4)(b) of the EIR. The Commissioner’s decision is that regulation 12(4)(b) of the EIR does apply. He has however recorded a breach of regulation 14(2). The Commissioner does not require further action to be taken.
Exemptions cited: EIR 12(4)(b); EIR 14(2)(1); EIR 9
View National Highways
6 Feb 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from South Yorkshire Police (the Police) about suspects moved from bail to released under investigation. The Commissioner’s decision is that the Police breached section 10(1) of FOIA by failing to provide a valid response to the request within the statutory time frame of 20 working days. No steps are required.
Exemptions cited: FOI 10
View South Yorkshire Police
6 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a request to the Foreign, Commonwealth & Development Office (FCDO) seeking information relating its processing of a previous request for information which she had submitted to the department seeking copies of the Foreign Secretary’s ministerial diaries. The FCDO disclosed some information falling within the scope of the request but withheld further information on the basis of sections 35(1)(d) (operation of a Ministerial office), 36(2)(b)(i) and (ii), 36(2)(c) (effective conduct of public affairs) and 40(2) (personal data). The complainant challenged the FCDO’s reliance on these exemptions with the exception of section 40(2). The Commissioner’s decision is that the disputed information is exempt from disclosure on the basis of either section 35(1)(d) or sections 36(2)(b)(i) and (ii), 36(2)(c). For some of this information the Commissioner is satisfied that the public interest favours maintaining the relevant exemptions. However, for some information withhe
Exemptions cited: FOI 17(3); FOI 35(1)(d); FOI 36
View Foreign, Commonwealth & Development Office
6 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested NHS England (NHSE) to disclose all the emails in a particular employee’s account for the year 2021 with the term ‘EDI Glossary’ mentioned. NHSE refused to comply with the request, citing section 14(1) of FOIA on the basis of time and resources to redact the information. The Commissioner’s decision is that NHSE is entitled to refuse to comply with the request in accordance with section 14(1) of FOIA. He has however recorded a breach of section 10 of FOIA. The Commissioner does not require any further action to be taken.
Exemptions cited: FOI 10; FOI 14
View NHS England
6 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested flight cost related information for aircraft chartered for Rwanda relocations to date, including that which had been scheduled to fly migrants to Rwanda on 14 June 2022. He also requested hotel accommodation costs in Rwanda. The Home Office refused to provide the requested flight related information citing section 43(2) of FOIA, the exemption for commercially sensitive information. It said it did not hold the hotel related information because the Government of Rwanda has responsibility for providing accommodation. From the outset of the Commissioner’s investigation (for the reasons set out in the ‘Scope’ section of this notice) the scope of the investigation focussed only on the Home Office’s reliance on section 43(2) of FOIA. The Commissioner’s decision is that the Home Office has properly relied on section 43(2) of FOIA and that the public interest favours maintaining the exemption. No steps are required as a result of this notice.
Exemptions cited: FOI 43
View Home Office
6 Feb 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant made a request to the Cabinet Office to see a single entry in the then Prime Minister’s (Boris Johnson’s) diary on a particular date. The Cabinet Office stated that the information was already publicly accessible and as such it was exempt from disclosure under section 21 of FOIA (information reasonably accessible to the applicant). The Commissioner considers that the Cabinet Office incorrectly applied section 21 of FOIA in this case. However, the Commissioner has not ordered disclosure on the basis that the exact wording of the diary entry is reproduced in this decision notice. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 21
View Cabinet Office
6 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the Cabinet Office about two specified adjudications. The Cabinet Office refused the request under section 14(1) of FOIA (vexatious requests).The Commissioner’s decision is that the request was vexatious and therefore the Cabinet Office was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require any steps.
Exemptions cited: FOI 14(1)
View Cabinet Office
6 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that the Police Service of Northern Ireland is entitled to refuse the request under section 12(2) of FOIA as the cost of complying with section 1(1) would exceed the appropriate limit. There has been no breach of section 16(1).Keywords: Corporal James Elliott, Operation Kenova
Exemptions cited: FOI 12; FOI 16
View Police Service of Northern Ireland
6 Feb 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant made a request for information relating to CQC Inspectors regarding the management of a service. The Commissioner’s decision is that, on the balance of probabilities, London Borough of Waltham Forest (“the Council”) does hold information that falls within the scope of the request. The Commissioner also considers that, in failing to respond to provide any response to the request within 20 working days of receipt, the Council breached section 10 (time for compliance with the request) of FOIA. The Commissioner requires the Council to issue a fresh response to the request following a thorough search aimed at identifying all the information the Council holds that falls within the scope of the request. The emails the Council has already identified and any further information within the scope of the request the Council identifies as a result of its searches should either be disclosed to the complainant or a refusal notice that complies with section 17 of FOIA should be provide
Exemptions cited: FOI 1; FOI 10
View Waltham Forest Council
6 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Cottesmore Parish Council (“the Council”) relating to a letter which has been sent to the Council.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 withheld information.The Commissioner does not require the Council to take any steps. Information Tribunal UA-2024-000127-GIA appeal allowed.
Exemptions cited: FOI 40(2)
6 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to resources used by case handlers at the Financial Ombudsman Service (FOS). FOS disclosed some information and withheld other information under the exemptions for law enforcement (section 31) and prejudice to the effective conduct of public affairs (section 36). The Commissioner’s decision is that FOS was entitled to rely on sections 36(2)(b)(i) and (ii) to refuse the request. The Commissioner does not require FOS to take any steps.
Exemptions cited: FOI 36(2)(b)
6 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested the invoice details relating to a flight chartered to fly migrants to Rwanda on 14 June 2022. The Home Office refused to provide the requested information citing section 43(2) of FOIA, the exemption for commercially sensitive information. The Commissioner’s decision is that the Home Office has properly relied on section 43(2) of FOIA and that the public interest favours maintaining the exemption. No steps are required as a result of this notice. Information Tribunal appeal EA/2023/0064 appeal dismissed.
Exemptions cited: FOI 43
View Home Office
6 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested details relating to a flight chartered to fly migrants to Rwanda on 14 June 2022. The Home Office refused to provide the requested information citing section 43(2) of FOIA, the exemption for commercially sensitive information. The Commissioner’s decision is that the Home Office has properly relied on section 43(2) of FOIA and that the public interest favours maintaining the exemption. No steps are required as a result of this notice.
Exemptions cited: FOI 43
View Home Office
6 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the Cabinet Office relating to the reasoning behind why the Cabinet Office had declined to investigate a matter that the complaint had raised previously with it. The Cabinet Office refused the request under section 14(1) of FOIA (vexatious requests).The Commissioner’s decision is that the request was vexatious and therefore the Cabinet Office was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require any steps.
Exemptions cited: FOI 14(1)
View Cabinet Office
6 Feb 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information from London Borough of Southwark (the Council) relating to road closures in the Dulwich area.The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold information within the scope of the request, therefore regulation 12(4)(a) of the EIR is engaged. However, the Commissioner finds that the Council breached regulation 14(2) of the EIR as it failed to provide its refusal of the request within the statutory timeframe.The Commissioner does not require the Council to take any further steps as a result of this decision notice.
Exemptions cited: EIR 12(4)(a); EIR 14(2)(1)
View Southwark Council
6 Feb 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested an audio recording of an interview which Surrey Police (the Police) conducted with Jimmy Saville. The Police refused to disclose the requested information under section 14(1)(vexatious requests) and section 38(1)(health and safety) of FOIA.The Commissioner’s decision is that the Police correctly relied on section 14(1) to refuse the request. However, the Police breached section 17 as it failed to provide its refusal notice within the statutory 20 working days.The Commissioner does not require the Police to take any further steps as a result of this decision. Information Tribunal FTT EA/2023/0174 appeal allowed.
Exemptions cited: FOI 14(1); FOI 17
View Surrey Police
6 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a report into the Ajax armoured fighting vehicle. The Cabinet Office (“CO”) refused to provide it citing section 33 (audit), section 35 (formulation/development of government policy), section 41 (information provided in confidence); and section 43 (prejudice to commercial interests). It upheld this at internal review. The Commissioner’s decision is that CO is entitled to rely on section 33 as its basis for withholding the requested information. No steps are required.
Exemptions cited: FOI 33
View Cabinet Office
6 Feb 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from the Department for Digital, Culture, Media and Sport (“DCMS”) information regarding the proposed repeal of Section 40 of the Crime and Courts Act 2013. DCMS refused to provide it citing FOIA section 35 (formulation/development of government policy). It upheld this at internal review. The Commissioner’s decision is that DCMS was entitled to rely on section 35 as its basis for refusing to provide the requested information. No steps are required.
Exemptions cited: FOI 35
View Department for Culture, Media and Sport
6 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
View Ministry of Defence
6 Feb 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information regarding resident’s responses to a planned development. The Commissioner’s decision is that Royal Borough of Kingston Upon Thames (the Council) does not hold the information within the scope of questions 1-4, but, on the balance of probabilities, holds information within the scope of question 5. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Conduct fresh searches for the requested information and disclose the emails it has already identified (and any further information it identifies as a result of the fresh searches) or provide a refusal notice that complies with regulation 14 of the EIR. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court
Exemptions cited: EIR 12(4)(a); FOI 21
View Kingston upon Thames Council
5 Feb 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information relating to the construction of eco homes. Oxford City Council (the “council”) disclosed some information and withheld other information under the exemption for commercial interests (section 43(2) of the FOIA. During the Commissioner’s investigation the council disclosed additional information and reconsidered the request under the EIR, withholding information under the exception for commercial confidentiality (regulation 12(5)(e)). The Commissioner’s decision is that the council wrongly handled the request under the FOIA and breached regulation 5(1), 11(4) and 14(1) and that it failed to demonstrate that the exception in regulation 12(5)(e) was engaged. The Commissioner requires the council to disclose the cost of contracts identified in part 4 of the request.
Exemptions cited: EIR 11(4); EIR 12(5)(e); EIR 14(1); EIR 5(1)
View Oxford City Council