25 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that Belfast Health and Social Care Trust is entitled to aggregate the complainant’s request under section 12(4) of FOIA and to rely on section 12(1) to refuse the request as the cost of complying with it would exceed the appropriate limit. There was no breach of section 16(1), which concerns advice and assistance. It is not necessary for the Trust to take any steps.
Exemptions cited: FOI 12; FOI 16
View Department of Health and Social Care
25 Jan 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The Commissioner’s decision is that the public authority breached section 10(1) of FOIA by failing to provide a response within 20 working days.
Exemptions cited: FOI 10
View Channel 4
25 Jan 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
25 Jan 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to planning applications for Hasting Harbour Quarter (the Harbour). The Commissioner’s decision is that on the balance of probabilities, Hastings Borough Council (the Council) has not disclosed all the information it holds relating to the development of the Harbour. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Conduct new searches for the two questions in the last paragraph of the request. The Council should then either issue a new response or provide an adequate refusal notice. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
Exemptions cited: EIR 12(4)(a)
View Hastings Borough Council
25 Jan 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information relating to a freight strategy. North Lincolnshire Council (the “council”) refused the request citing the exception for material in the course of completion – regulation 12(4)(d) of the EIR. The Commissioner’s decision is that the council correctly withheld the requested information under regulation 12(4)(d). He does not require the council to take any steps.
Exemptions cited: EIR 12(4)(d)
View North Lincolnshire Council
25 Jan 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested engineering reports on a reservoir. The above public authority eventually provided some information but relied on regulation 12(5)(a) of the EIR in order to withhold the remainder. The Commissioner’s decision is that the public authority has correctly engaged regulation 12(5)(a) of the EIR and that the balance of the public interest favours maintaining this exception. As the public authority disclosed information and issued its refusal notice outside of the 20 working day timeframe, it breached regulations 5(2) and 14 of the EIR respectively. The Commissioner does not require further steps. Information Tribunal UA-2024-000548-GIA PTA refused.
Exemptions cited: EIR 12(5)(a); EIR 14; EIR 5(2)
View Environment Agency
25 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the Northern Health & Social Care Trust (“the Trust”) relating to banding and evaluation of the Financial Services Manager Post since 2007.The Trust provided information in scope of the request, but stated no records were held for part one of the request.The Commissioner’s decision is that the Trust holds no further recorded information relevant to the complainant’s request and has complied with section 1(1) of FOIA.The Commissioner does not require any steps to be taken as a result of this decision notice.
Exemptions cited: FOI 1(1)
View Northern Health and Social Care Trust
25 Jan 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested Swansea Council (the council) to disclose a list of all Traffic Regulation Orders (TROs) that have been issued to amend any restricted street in a specified area and which are not already listed on its website. The council disclosed the requested information to the complainant. The complainant has disputed whether they have received all the recorded information the council holds or not. The Commissioner is satisfied that, on the balance of probabilities, the council has disclosed all the recorded information it holds. He does not require any further action to be taken.
Exemptions cited: EIR 5
View Swansea Council
25 Jan 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested correspondence with a particular company. The Commissioner’s decision is that the above public authority has failed to respond to the request within 20 working days and has therefore breached Regulation 5(2) of the Environmental Information Regulations. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Issue a substantive response, under the EIR, to the request.
Exemptions cited: EIR 5(2)
View Environment Agency
25 Jan 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to the decision to grant BetIndex Limited, trading as Football Index, as gambling license. The Gambling Commission disclosed information and withheld the rest under section 31(2)(c) and (d), by virtue of 31(1)(g) (law enforcement) and section 40(2) (personal information). The Commissioner’s decision is that:On the balance of probabilities, the GC does not hold any further information relevant to the request.The withheld information engages section 31(2)(c) and (d), by virtue of 31(1)(g) and the public interest lies in maintaining the exemption, except for two documents.The withheld information engages section 40(2), and to disclose this information would be unlawful, except in relation to one data subject. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.Disclose the two documents: UKAS testing document and accompanying summary report. The GC should redact all personal
Exemptions cited: FOI 1; FOI 31; FOI 40(2)
View Gambling Commission
25 Jan 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View London Borough of Croydon
25 Jan 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information from Bristol City Council (“the Council”) relating to the installation of a loading bay. The Commissioner’s decision is that the Council is entitled to rely on regulation 12(4)(b) (manifestly unreasonable) of the EIR to refuse to provide the information requested in part d of the request. However, he finds that the Council failed to provide reasonable advice and assistance and therefore failed to meet its obligations under regulation 9 of the EIR.The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.Provide the complainant with advice and assistance to help them submit a less burdensome request.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 the Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 12(4)(b); EIR 9
View Bristol City Council
25 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the Crown Prosecution Service. The Commissioner’s decision is that the public authority was entitled to refuse to comply with the request in accordance with section 12(1) (cost limit) of FOIA. The Commissioner also finds that the public authority complied with its obligations under section 16 of FOIA to offer advice and assistance. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 12(1); FOI 16
View Crown Prosecution Service
25 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from West Mercia Police. The Commissioner’s decision is that the public authority was entitled to refuse to confirm or deny whether it held information within the scope of the request, in accordance with section 12(2) (cost limit) of FOIA. The Commissioner also finds that the public authority complied with its obligations under section 16 of FOIA to offer advice and assistance. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 12(2)
View West Mercia Police
25 Jan 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information relating to badger culling licenses. Natural England withheld some information under regulation 12(5)(a) (public safety) of the EIR. The Commissioner has decided that Natural England is entitled to withhold the information it has done under regulation 12(5)(a). The Commissioner does not require Natural England to take any steps.
Exemptions cited: EIR 12(5)(a)
View Natural England
25 Jan 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information regarding a formal complaints procedure. Imperial College Healthcare NHS Trust (the Trust) responded to the request outside the statutory time for compliance. The Commissioner’s decision is that the Trust breached section 10(1) FOIA in its handling of this request. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 10
View Imperial College Healthcare NHS Trust
25 Jan 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information regarding retention periods for CCTV footage at specific locations and rights of access to such footage. Imperial College Healthcare NHS Trust (the Trust) responded to the request outside the statutory time for compliance. The Commissioner’s decision is that the Trust breached section 10(1) FOIA in its handling of this request. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 10
View Imperial College Healthcare NHS Trust
24 Jan 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information regarding Subject Access Request processing procedures. The Commissioner’s decision is that the Severn Valley Medical Practice (the Surgery), on the balance of probabilities, holds information within the scope of the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information or provide a adequate refusal notice. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 1
24 Jan 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The Commissioner’s decision is that the complainant’s request for information about the M1 junction 36 regeneration project is manifestly unreasonable under regulation 12(4)(b) of the EIR and Barnsley Metropolitan Borough Council is not obliged to respond to it.
Exemptions cited: EIR 12(4)(b)
View Barnsley Council
24 Jan 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested correspondences between the Financial Ombudsman Service (the FOS) and Halifax regarding a complaint. FOS relied on section 40(1) of FOIA to withhold the information for it would be the complainant’s own personal data. The Commissioner’s decision is that FOS was entitled to rely on section 40(1) to withhold the requested information. The Commissioner does not require any further steps.
Exemptions cited: FOI 40(1)
24 Jan 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information from London Borough of Hillingdon (“the Council”) relating to inspections, incidents and repair works carried out on particular areas of road.The Commissioner’s decision is that on the balance of probabilities, the Council does not hold further information within the scope of the request.The Commissioner does not require the Council to take any steps.
Exemptions cited: EIR 12(4)(a)
View Hillingdon Council
24 Jan 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Home Office relating to its guidance on processing requests for information. The Home Office initially refused to comply with the request. The Commissioner’s decision is that the Home Office breached sections 1(1)(a) (general right of access) and 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. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 1; FOI 10
View Home Office
24 Jan 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested risk assessments related to unauthorised access of Universal Credit records. The above public authority disclosed a small amount of information, but relied on sections 31 (law enforcement) and 24 (national security) of FOIA to withhold the remainder. The Commissioner’s decision is that the public authority has correctly engaged section 31 of FOIA and that the balance of the public interest favours maintaining the exemption. The public authority breached section 10 of FOIA as it disclosed some information outside of the 20 working day timeframe. The Commissioner does not require further steps.Keywords: mosaic effect
Exemptions cited: FOI 10; FOI 31
View Department for Work and Pensions
24 Jan 2023Complaint partially upheldFreedom of Information Act 2000
The complainant requested to specified court case types from Her (now His) Majesty’s Courts and Tribunals Service (‘HMCTS’) which falls under the remit of the Ministry of Justice (the ‘MOJ’). The request was initially refused by the MOJ citing section 12 (cost of compliance exceeds appropriate limit) of FOIA. At the internal review stage, this decision was overturned and the complainant was asked to clarify part 1 of his request which, to the Commissioner’s knowledge, was not provided. The Commissioner’s decision is that the MOJ was entitled to seek a correct objective reading and interpretation of part 1 of the request in accordance with section 16 of FOIA. He has also concluded that the MOJ was entitled to refuse to comply with the request based on its original interpretation in accordance with section 12(1) of FOIA. The Commissioner also finds that the MOJ has complied with its obligations under section 16 of FOIA to offer advice and assistance where section 12 has been relied on. H
Exemptions cited: FOI 10; FOI 12; FOI 16
View Ministry of Justice
24 Jan 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information with regards to planning applications. Worcestershire County Council (the council) provided information to the complainant. The Commissioner’s decision is that the council holds further information falling within the scope of the request and therefore regulation 12(4)(a) 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 either providing the further located information, identified in paragraph 17 and 18 below, or issue a valid refusal notice in accordance with 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)(a)
View Worcestershire County Council
24 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested details of independent experts. The above public authority stated that it held no further information beyond that already in the public domain – which was exempt under section 21 of FOIA (reasonably accessible). The Commissioner’s decision is that, on the balance of probabilities, the public authority holds no further information beyond that already in the public domain. The Commissioner does not require further steps.
Exemptions cited: FOI 1
View Advisory, Conciliation and Arbitration Service
24 Jan 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about employee grievances. By the date of this notice, Guy's and St Thomas' NHS Foundation Trust (“the Trust”) had not issued a substantive response to this request. The Commissioner’s decision is that the Trust 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 Trust to take the following step to ensure compliance with the legislation.The Trust must provide a substantive response to the request in accordance with its obligations under FOIA. The Trust 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 Guy's and St Thomas' NHS Foundation Trust
24 Jan 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested audio recordings of distress calls made from the English Channel and transcripts of those recordings. The above public authority relied on a number of different exemptions as its reasons for not providing the information. The Commissioner’s decision is that it would not be reasonably practicable in the circumstances to expect the public authority to provide the information as transcripts and therefore it has complied with its obligations under section 11. The Commissioner considers that the public authority is entitled to rely on section 40(2) of FOIA to withhold the audio recordings. The public authority breached section 17 of FOIA in responding to this request. The Commissioner does not require further steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0096 appeal dismissed. Information Tribunal UT UA-2024-000250-GIA dismissed. Keywords: redacting audio
Exemptions cited: FOI 11; FOI 17; FOI 40(2)
View Maritime and Coastguard Agency
24 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that DfE has correctly applied section 41(1) of FOIA to requested information about the deaths of looked after children in unregulated accommodation as it is information provided in confidence. He does not require DfE to take any steps.
Exemptions cited: FOI 41
View Department for Education
24 Jan 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about ambulance handovers. South East Coast Ambulance Service NHS Foundation Trust (the Trust) provided the requested information outside of the statutory time for compliance. The Commissioner’s decision is that the Trust breached section 10(1) FOIA in its handling of this request. The Commissioner requires no steps to be taken. Information Tribunal appeal UA-2025-000306-GIA PTA refused.
Exemptions cited: FOI 10
View South East Coast Ambulance Service NHS Foundation Trust
24 Jan 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information regarding planning complaints. The Commissioner is satisfied that Harrow Council has provided the complainant with all the requested information it holds. The Commissioner does not require Harrow Council to take any steps.
Exemptions cited: EIR 5
View Harrow Council
24 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on the ‘evidence’ referred to in a letter from HM Chief Inspector for Education to a Select Committee on home education. Ofsted has stated no information is held. The Commissioner’s decision is that the Ofsted has complied with its obligations under section 1(1)(a) of FOIA and on balance the information is not held. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0094 appeal allowed.
Exemptions cited: FOI 1
View Office for Standards in Education, Children's Services and Skills
24 Jan 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information held by Huntingdonshire Council (the Council) about the discharge of a particular condition attached to the planning permission for a local housing development. The Council responded and advised that it did not hold any information in addition to that which was already on its website. The Commissioner is satisfied that, on the balance of probabilities, the Council does not hold any additional information relevant to the request. However, as the Council failed to provide its internal review response within 40 working days, it has breached regulation 11(4) of the EIR. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0110 appeal allowed.
Exemptions cited: EIR 11(4); EIR 5(1)
View Huntingdonshire District Council
24 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the employment of an acting principal role. The Commissioner’s decision is that the Education Authority Northern Ireland (EA) on the balance of probabilities, does not hold the requested information. The Commissioner does not require the public authority to take any further action. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0072 struck out.
Exemptions cited: FOI 1(1)
24 Jan 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested copies of agreements between the UK Government’s Principal Partners for the 26th UN Climate Change Conference of the Parties (COP26) and the amounts paid to each of the Principal Partners. The Cabinet Office withheld the requested information on the basis of section 43(2) (commercial interests) of FOIA. During the course of the Commissioner’s investigation of this complaint the Cabinet Office published the amount paid to each of the Principal Partners, but maintained its position that the agreements were exempt from disclosure on the basis of section 43(2). The Commissioner’s decision is that the agreements are not exempt from disclosure on basis of section 43(2) of FOIA.
Exemptions cited: FOI 43(2)
View Cabinet Office
24 Jan 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested the University of Exeter (the university) to disclose all the rumours and responses it holds on its Rumourbuster database. The university refused to comply with the request citing section 12 of FOIA. The Commissioner’s decision is that the university is entitled to refuse to comply with the request in accordance with section 12 of FOIA. However, he has found the university in breach of section 16 of FOIA. The Commissioner is required to provide advice and assistance to the complainant so far as it is reasonably practicable in accordance with its obligations under section 16 of FOIA.
Exemptions cited: FOI 12; FOI 16
View The University of Exeter
24 Jan 2023Complaint partially upheldFreedom of Information Act 2000
The complainant has requested NHS England to disclose information relating to the closure of pharmacies between 1st January 2022 and 31st March 2022. NHS England refused to comply with the request, citing section 12 of FOIA. The Commissioner’s decision is that NHS England is entitled to refuse to comply with the request in accordance with section 12 of FOIA. He has however recorded a breach of section 10 of FOIA, as NHS England 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 10; FOI 12
View NHS England
24 Jan 2023Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested a copy of JSP 900: the UK targeting policy from the Ministry of Defence (‘the MOD’). The MOD refused the request on the basis that section 14 of FOIA applies (vexatious request). The Commissioner’s decision is that the MOD was not correct to apply section 14 to refuse the request. He has also decided that it did not comply with the requirements of section 17 of the Act in that it did not provide its response within 20 working days of the date of receipt of the request for information. The Commissioner therefore requires the MOD to take the following step: To respond to the request again, without relying upon section 14 of FOIA.
Exemptions cited: FOI 14; FOI 17
View Ministry of Defence
24 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the DHSC to disclose copies of information between Matt Hancock and Chris Whitty regarding Covid-19. The DHSC refused to comply with the request, citing section 12 of FOIA. The Commissioner’s decision is that the DHSC is entitled to refuse to comply with the request in accordance with section 12 of FOIA. He does not require any further action to be taken.
Exemptions cited: FOI 12
View Department of Health and Social Care
24 Jan 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The Commissioner’s decision is that Spelthorne Borough Council (“the Council”) should have considered the request in this case under the EIR rather than FOIA. The Commissioner requires the Council to take the following step to ensure compliance with the legislation:Issue the complainant with a fresh response to their request that complies with the EIR.
Exemptions cited: EIR 2
View Spelthorne Borough Council
24 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the University of Hertfordshire (the University) in relation to the issuing of fees for international students. The University initially complied with the request, but the complainant continued to dispute the answers the University provided. The University then claimed a later reliance on section 14 of FOIA. The Commissioner’s decision is that the University is entitled to rely on section 14 of FOIA in this case. He therefore does not require any further action to be taken. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0095 appeal dismissed.
Exemptions cited: FOI 14
View University of Hertfordshire
24 Jan 2023Complaint upheld (body must disclose)Environmental Information Regulations 2004
The Commissioner’s decision is that Spelthorne Borough Council (“the Council”) should have considered the request in this case under the EIR rather than FOIA. The Commissioner requires the Council to take the following step to ensure compliance with the legislation:Issue the complainant with a fresh response to their request that complies with the EIR.
Exemptions cited: EIR 2
View Spelthorne Borough Council
24 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a request for information regarding a complaint about a named doctor. The GMC refused to confirm or deny whether it holds the requested information under section 40(5B)(a)(i) FOIA. The Commissioner considers that the GMC was correct to apply section 40(5B)(a)(i) FOIA to refuse to confirm or deny whether the requested is held. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 40
View GMC
24 Jan 2023Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about Old Monmouth Road. Monmouthshire County Council (the Council) has refused to comply with the request as it considers it to be manifestly unreasonable on grounds of costs under regulation 12(4)(b) EIR. The Commissioner’s decision is that the exception is engaged and the public interest lies in maintaining the exception. The Commissioner does not require any further steps to be taken.
Exemptions cited: EIR 12(4)(b)
View Monmouthshire County Council
24 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a request for how often per day tik tok is mentioned over the last several years. The BBC confirmed that it does not hold the requested information. The Commissioner’s decision is that if the information were held by the BBC it would be held for the purposes of ‘journalism, art or literature’ and would not therefore fall inside FOIA. He therefore requires no remedial steps to be taken in this case.
Exemptions cited: FOI 1
View BBC
23 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the Financial Conduct Authority (“FCA”) relating to the number of case files/call audits carried out by the FCA in respect of not-for-profit debt advice providers over a specified period. The FCA refused to comply with the request citing section 12 (cost limit) of FOIA in respect of the requested information.The Commissioner’s decision is that the FCA was entitled to refuse to comply with the entirety of the request in accordance with section 12(1). The Commissioner also finds that the FCA complied with its obligations under section 16 of FOIA to offer advice and assistance.The Commissioner does not require the FCA to take any steps.
Exemptions cited: FOI 12
View Financial Conduct Authority
23 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from Avon and Somerset Police (“the Police”) regarding guidance in respect of police officers who attend properties with bailiffs. The Police stated that they did not hold the requested information. The Commissioner’s decision is that the Police, on the balance of probabilities, do not hold any recorded information within the scope of the complainant’s request. The Commissioner therefore requires no steps to be taken.
Exemptions cited: FOI 1
View Avon and Somerset Police
23 Jan 2023Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested Defra to disclose a list of all 1-2-1 meetings with farmers in relation to the Catchment Sensitive Farming (CSF) programme. Defra refused to comply with the request citing regulation 12(4)(b) (manifestly unreasonable) of the EIR. During the Commissioner’s investigation it was established that the requested information is in fact not held by Defra. The Commissioner’s decision is therefore that Defra does not hold the information and should have cited regulation 12(4)(a) of the EIR instead. As it cited the incorrect exception, the Commissioner has recorded a breach of regulation 14(3) of the EIR in this case. The Commissioner does not require any further action to be taken.
Exemptions cited: EIR 12(4)(a); EIR 14(3)
23 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that Honiton Town Council is entitled to withhold the requested information associated with a dispute about The Beehive venue under section 42(1) of FOIA as it attracts legal professional privilege.
Exemptions cited: FOI 42
23 Jan 2023Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to COVID-19. The UKHSA refused to comply with the request, citing section 12(1) (cost of compliance exceeds appropriate limit) of FOIA. The Commissioner’s decision is that the UKHSA is entitled to refuse the request under section 12(1). The Commissioner does not require the public authority to take any steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0054 appeal withdrawn.
Exemptions cited: FOI 12; FOI 16
View UK Health Security Agency