7 Jul 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Chislet Parish Council (“the Council”) relating to the Council’s financial accounts. The Commissioner’s decision is the Council failed to provide an adequate response to questions 4 and 6 of the request. Consequently the Commissioner finds that the Council breached section 1(1) and section 10(1) of the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. The Council must issue a fresh response to questions 4 and 6 of request which is adequate for the purposes of the FOIA.
Exemptions cited: FOI 1(1); FOI 10(1)
7 Jul 2022Complaint partially upheldFreedom of Information Act 2000
The complainant requested information relating to the award of a grant to the Institute of Detectorists (IoD). Historic England (HE) provided information within the scope of the request but refused to provide the remainder, citing sections 40 (personal information), 43 (commercial interests), 41 information provided in confidence) and 38 (health and safety) of FOIA. It also confirmed it did not hold any further information within the scope of the request. The Commissioner’s decision is that, on a balance of probabilities, HE does not hold any further information falling within the scope of the complainant's request for information. Having investigated its application of sections 40(2), 43(2) and 38(1)(b) to the small amount of withheld information, the Commissioner finds that section 40(2) was correctly applied. However, he finds that HE has not demonstrated that either section 43(2) or section 38(1)(b) are engaged in respect of the information withheld only by virtue of those exemptio
Exemptions cited: FOI 1; FOI 38; FOI 40; FOI 43
View Historic England
7 Jul 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant made a request for information relating deprivation of a person’s British citizenship. The request was made on 21 January 2022 and the Ministry of Justice (MoJ) has failed to provide a response. The Commissioner considers that the MOJ has breached section 10 FOIA in the handling of this request. The Commissioner requires the public authority to provide a response to the request in compliance with FOIA.
Exemptions cited: FOI 10
View Ministry of Justice
7 Jul 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Newcastle City Council (“the Council”) relating to an investigation into a complaint made to the Council by the complainant. The Council refused to provide some of the requested information citing section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that the Council is entitled to rely on section 40(2) to withhold the requested information. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 40(2)
View Newcastle City Council
7 Jul 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from the Home Office information on communications between Border Force, Dover Harbour Board and the police, and bilateral agreements with the French authorities, regarding migrant crossings. The Home Office refused the request on the grounds that compliance would exceed the appropriate cost limit, under section 12 of FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 12 to refuse the request. It also complied with its duty to provide advice and assistance in line with the requirements of section 16 of FOIA.
Exemptions cited: FOI 12; FOI 16
View Home Office
7 Jul 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Bicester Town Council (“the Council”) relating to an appeal to the First-Tier Tribunal. The Commissioner’s decision is that on the balance of probabilities, the Council has not identified all information held within the scope of the request. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. The Council must issue a fresh response to the request following searches aimed at identifying all the information held within the scope of the request.
Exemptions cited: FOI 1(1); FOI 10(1)
7 Jul 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to payments made to the victims of the child grooming scandal in Rotherham. South Yorkshire Police refused to provide the requested information, citing section 38(1) (health and safety) of FOIA. The Commissioner’s decision is that South Yorkshire Police was entitled to rely on section 38(1)(a) in relation to that information. The Commissioner requires no steps to be taken as a result of this decision. Information Tribunal appeal EA/2022/0185 appeal allowed.
Exemptions cited: FOI 38
View South Yorkshire Police
7 Jul 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from HM Revenue and Customs (‘HMRC’) relating to the Eat Out to Help Out scheme. HMRC refused to disclose the requested information, citing section 44(1)(a) of FOIA as a basis for non-disclosure. The Commissioner’s decision is that HMRC has correctly applied section 44(1)(a) of FOIA to the withheld information. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 44
6 Jul 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the London Borough of Croydon (“the Council”) relating to the funding of schools. The Council refused to provide some of the requested information citing section 12 (cost limit) of the FOIA.The Commissioner’s decision is that the Council has failed to demonstrate that section 12(1) is engaged and therefore, is not entitled to rely on this exemption. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. The Council must issue a fresh response to the request which does not rely on section 12(1) of the FOIA.
Exemptions cited: FOI 12(1)
View London Borough of Croydon
6 Jul 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Liverpool City Council (“the Council”) relating to a specific property and an improvement notice. The Commissioner’s decision is that the Council is entitled to rely on section 40(1) (personal information) and 40(2) of the FOIA to refuse to provide the requested information. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 40(1); FOI 40(2)
View Liverpool City Council
6 Jul 2022Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information held by the London Borough of Ealing (the council) about a particular planning matter. The council advised the complainant that some of the requested information was to be withheld under regulation 12(5)(b) - the course of justice, regulation 12(5)(e) – commercial confidentiality, and regulation 12(5)(f) – interests of the information provider, of the EIR. During the Commissioner’s investigation the council then stated that it had now found that it did not hold any additional information that was relevant to the request. It is the Commissioner’s decision that the officer’s notes recently provided to him by the council fall within the scope of the request. However, he accepts that, on the balance of probabilities, the council does not hold any other information relevant to the request. As the council failed to issue a refusal notice, and its internal review response, within the required statutory time periods, the Commissioner has found there to
Exemptions cited: EIR 11(4); EIR 14
View Ealing Council
6 Jul 2022Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from Birmingham Women’s and Children’s NHS Foundation Trust (the Trust) concerning its policies, processes and complaints. The Trust did not provide a response to the complainant until the Commissioner intervened. When the Trust did respond, it disclosed most of the requested information but refused to provide the remainder under section 12 FOIA (cost of compliance exceeds appropriate limit). The Commissioner’s decision is that, on the balance of probability, the Trust has now provided all the information it holds (apart from what was withheld under section 12 FOIA) to the complainant and has complied with section 1 FOIA. However, it did so beyond the legislative timeframe and therefore breached section 10 FOIA. The Commissioner has also decided that the Trust breached section 17(1) FOIA by not issuing a valid refusal notice within the appropriate timescale. The Commissioner finds that the Trust has cited section 12 appropriately, though late i
Exemptions cited: FOI 1; FOI 10(1); FOI 12; FOI 16(1); FOI 17
View Birmingham Women's NHS Foundation Trust
6 Jul 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a copy of legal advice concerning the supply of crack pipes to crack users. South Wales Police withheld the information requested under section 42 (legal professional privilege) of the FOIA. The Commissioner’s decision is that South Wales Police correctly applied section 42 to the withheld information. The Commissioner does not require any steps to be taken. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0209 appeal dismissed.
Exemptions cited: FOI 42
View South Wales Police
5 Jul 2022Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information from Warrington Borough Council about surveyor’s findings regarding a collapsed wall, details of the creation of a nearby pedestrian crossing and of a road widening scheme.The Commissioner’s decision is that Warrington Borough Council (“the Council”) has failed to carry out a reconsideration (internal review) of a response it provided, under the Environmental Information Regulations (“the EIR”), within 40 working days and has therefore breached Regulation 11 of the EIR.The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Reconsider how it responded to the original request and inform the complainant of the outcome of that reconsideration in accordance with Regulation 11 of the EIR.
Exemptions cited: EIR 11
View Warrington Council
5 Jul 2022Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information relating to the sale of Barnham Broom Golf and Country Club. Breckland District Council (the “council”) withheld the information under the exemption for commercial interest – section 43(2) of the FOIA. At the Commissioner’s direction the council reconsidered the request under the EIR and disclosed some information to the complainant. Other information was withheld under the exception for commercial interests – regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the council wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14 of the EIR and that it failed to demonstrate that the exception in regulation 12(5)(e) is engaged. The Commissioner requires the council to disclose the information withheld under regulation 12(5)(e). First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2022/0208 appeal allowed.
Exemptions cited: EIR 12(5)(e); EIR 14; EIR 5(1)
View Breckland Council
5 Jul 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Norfolk and Norwich University Hospitals NHS Foundation Trust (“the Trust”) relating to its data retention policies. By the date of this notice the Trust had failed to provide a substantive response to this request. The Commissioner’s decision is that the Trust has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statuary timeframe of 20 working days. The Commissioner requires the Trust to provide a substantive response to the request in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View Norfolk and Norwich University Hospitals
5 Jul 2022Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information from Ceredigion County Council (“the Council”) relating to the A475 road in Llandyfriog. By the date of this notice the Council had not issued a substantive response to this request. The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached regulation 5(2) of the EIR. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Issue a substantive response to the request in accordance with its obligations under the EIR.
Exemptions cited: EIR 5(2)
View Ceredigion County Council
5 Jul 2022Complaint partially upheldFreedom of Information Act 2000
The complainant requested from Homes England (the trading name of the Homes and Communities Agency) specific information relating to the transfer of land ownership. HE denied that the information was held.The Commissioner’s decision is that HE does not hold the information but has breached section 10(1) by responding to the request outside the time for compliance. The Commissioner does not require HE to take any steps.
Exemptions cited: FOI 1; FOI 10
View Homes England
5 Jul 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested a copy of the contract for the administration of the National Employment Savings Trust pension scheme. The National Employment Savings Trust Corporation (“the Corporation”) stated that it did not hold this information for the purposes of FOIA as it only held it in its capacity as the Trustee of the scheme. The Commissioner’s decision is that the Corporation does hold this information for the purposes of FOIA and has failed to comply with its obligations under section 1(1) of FOIA. The Commissioner requires the Corporation to take the following steps to ensure compliance with the legislation. Either disclose the contract to the complainant or issue a refusal notice that complies with section 17 of FOIA.
Exemptions cited: FOI 1
View National Employment Savings Trust (NEST) Corporation
5 Jul 2022Complaint partially upheldFreedom of Information Act 2000
The complainant has requested from Epping Forest District Council (the council) information with regards to a named employee and an inspection of an area. The council initially considered the information exempt under section 40(2) of the FOIA (third party personal data) before amending its position to provide a response to each part of the request. The Commissioner’s decision is that the council has now complied with section 1(1) of the FOIA, but did breach section 10(1) of the FOIA as it provided the response outside the required 20 working days. The Commissioner does not require the council to take any steps.
Exemptions cited: FOI 1; FOI 10
View Epping Forest District Council
4 Jul 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has submitted multiple requests for information to Lydd Town Council (“the Council”). 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.
Exemptions cited: FOI 14(1)
View Ilkley Town Council
4 Jul 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information in relation to the hiring of HGV drivers. By the date of this notice Oxford City Council (“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.
Exemptions cited: FOI 10(1)
View Oxford City Council
4 Jul 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Egerton Parish Council (“the Council”) relating to a housing needs survey. The Council refused the request because it argued that it had responded to a request for the same information already. The Commissioner’s decision is that the Council was not entitled to rely on section 14(2) of the FOIA to refuse the request. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: issue a fresh response, to the request, which does not rely on section 14(2) of the FOIA.
Exemptions cited: FOI 14(2)
1 Jul 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Hythe and Dibden Parish Council (“the Council”) relating to a meeting held by the Council. The Commissioner’s decision is that the Council is entitled to rely on section 40(2) (personal information) of the FOIA to withhold the requested information. Information Tribunal EA/2022/0196 appeal allowed.
Exemptions cited: FOI 40(2)
1 Jul 2022Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information from Burnham Parish Council in Buckinghamshire (“the Parish Council”) about a court order and settlement. The Parish Council withheld the information under regulation 12(5)(b) (adversely affect the course of justice) and/or regulation 12(5)(e) (adversely affect the confidentiality of commercial interests) of the EIR. The Commissioner’s decision is that, whilst the exception at regulation 12(5)(b) is engaged, the balance of the public interests would favour the disclosure of the information. However, he finds that the exception at regulation 12(5)(e) is also engaged, and that the balance of the public interests favours the information being withheld. He is therefore satisfied that the information was correctly withheld and does not require the Parish Council to take any steps.
Exemptions cited: EIR 12(5)(b); EIR 12(5)(e)
1 Jul 2022Complaint partially upheldFreedom of Information Act 2000
The complainant requested copies of emails from Lewannick Parish Council in Cornwall (“the Parish Council”). After initially failing to address clearly whether the information was held, the Parish Council stated that it did not hold the emails. The Commissioner’s decision is that the Parish Council’s response did not comply with the requirements of section 1(1)(a) FOIA. However he is satisfied, on the balance of probabilities, that the information was not held by the Parish Council. The Commissioner does not require the Parish Council to take any steps but would refer it to the Other Matters section of this notice.
Exemptions cited: FOI 1
1 Jul 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Bromham Parish Council (“the Council”) relating to a neighbourhood plan steering group. The Commissioner’s decision is the Council failed to provide an adequate response to the request. Consequently the Commissioner finds that the Council breached section 1(1) and section 10(1) of the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: The Council must issue a fresh response to the request which is adequate for the purposes of the FOIA.
Exemptions cited: FOI 1(1); FOI 10(1)
1 Jul 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested copies of correspondence exchanged with the London Borough of Sutton. The Department for Education disclosed some information but relied on section 36 (prejudice to the effective conduct of public affairs) and section 40 of FOIA (third party personal data) to withhold the remainder. The Commissioner’s decision is that the DfE is entitled to rely on section 36(2)(b)(ii) of FOIA to withhold the remaining information and that the balance of the public interest favours maintaining the exception. The Commissioner does not require further steps.
Exemptions cited: FOI 36; FOI 40
View Department for Education
1 Jul 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the BBC about policies, guidance, forms, or other documentation used to identify hateful comments. The BBC responded that the requested information was covered by the derogation and hence excluded from the FOIA. The Commissioner’s decision is that the information was held by the BBC for the purposes of journalism, art or literature and so was not covered by the FOIA. He therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
Exemptions cited: FOI 3
1 Jul 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant made a request for information relating to pages used within the NHS. The request was made on 3 June 2021 and the Trust has failed to provide a response. The Commissioner considers that the Trust has breached section 10 FOIA in the handling of this request. The Commissioner requires the public authority to provide a response to the request in compliance with FOIA.
Exemptions cited: FOI 10
View North Middlesex University Hospital NHS Trust
1 Jul 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Chalvington with Ripe Parish Council (‘the council’) a copy of a recording of the annual parish meeting (‘the APM’). The council said that it does not hold the requested information. The Commissioner’s decision is that, on a balance of probabilities, the council does not hold the requested information. The Commissioner does not require the council to take any steps.
Exemptions cited: FOI 1
1 Jul 2022Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information relating to the purchase and development of the British Legion site in Moreton-in-Marsh. Moreton in Marsh Town 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 further 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 regulations 5(1) and 14 of the EIR and that it failed to demonstrate that the exception in regulation 12(5)(e) is engaged. The Commissioner requires the council to disclose the costings information withheld under regulation 12(5)(e).
Exemptions cited: EIR 12(5)(e); EIR 14; EIR 5(1)
30 Jun 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Upper Rissington Parish Council (“the Council”) all the information the Council holds which relates to themselves. The Commissioner’s decision is that the Council is entitled to rely on section 40(1) (personal information) of the FOIA to withhold the requested information.
Exemptions cited: FOI 40(1)
30 Jun 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about ambulance handovers. By the date of this notice the London Ambulance Service NHS 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 London Ambulance Service NHS Trust
30 Jun 2022Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a request for information under FOIA to the Vale of Glamorgan Council (“the Council”) on 16 August 2021. The Council provided a substantive response to this request on 1 October 2021 The Council withheld part of the information under section 40(2) (personnel information) due to low numbers in the dataset. The Commissioner’s decision is that it was appropriate to apply this exemption to the withheld information. However, the Council failed to respond to the request within the statutory time frame of 20 working days and so the Commissioner has found that the Council breached section 10(1) of FOIA. The Commissioner does not require the Council to take any action in relation to this decision notice.
Exemptions cited: FOI 10(1); FOI 40(2)
View Vale of Glamorgan Council
30 Jun 2022Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information about the Cressingham Gardens regeneration. London Borough of Lambeth (the Council) denied holding any information specific to the scope of the request.The Commissioner’s decision is that the Council has breached regulation 5(1) of the EIR due to its failure to obtain an objective reading of the request. The Commissioner, therefore, also finds that the Council has breached regulation 9 by not seeking clarification from the complainant and subsequently providing appropriate advice and assistance on the interpretation of the request. Further, the Commissioner’s decision is that, on the balance of probabilities, the Council is incorrect when it says that it holds no information within the scope of the request, therefore, regulation 12(4)(a) 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 the request, based on the interpretation set out i
Exemptions cited: EIR 12(4)(a); EIR 5(1); EIR 9
View London Borough of Lambeth
30 Jun 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about ambulance handovers. By the date of this notice the South Western Ambulance Service 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 South Western Ambulance Service NHS Foundation Trust
30 Jun 2022Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested copies of CION assessments carried out in respect of several connections to the national electricity grid. National Grid Electricity System Operator relied on Regulation 12(5)(d) (confidentiality of proceedings) and Regulation 12(5)(e) (commercial confidentiality) to withhold the requested information – although it later admitted that it did not hold two of the assessments. The Commissioner’s decision is that NGESO was entitled to rely on both Regulation 12(5)(d) and Regulation 12(5)(e) of the EIR and that the public interest favours maintaining these exceptions both individually and in aggregate. In respect of the SCD1 and SCD2 interconnectors, the Commissioner accepts that NGESO does not hold the requested information and is thus entitled to rely on Regulation 12(4)(a) of the EIR to not deal with that part of the request. However, as NGESO failed to inform the complainant, within 20 working days, that it did not hold this particular information, it breached
Exemptions cited: EIR 12(5)(d); EIR 12(5)(e); EIR 14
30 Jun 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a closed extract contained within the file FCO 8/2693/1, ‘Allegations of war crimes and atrocities in Oman’. The National Archives refused to disclose the requested information, citing section 27(2) (International Relations) of FOIA. The Commissioner’s decision is that the requested information engages section 27(2) and the public interest lies in maintaining the exemption. The Commissioner does not require the public authority to take any further steps.
Exemptions cited: FOI 27
View The National Archives
30 Jun 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Cornwall County Council (“the Council”) about a code of conduct enquiry following a complaint about two Parish Councillors. The Council confirmed they held some of the information but would not disclose the information held stating it was exempt under section 41 (information provided in confidence), section 40 (personal information) and section 31 (prevention or detection of a crime) of FOIA. The Commissioner’s decision is that the Council was entitled to rely on section 41 of FOIA to withhold the information. As section 41 is engaged the Commissioner has not found it necessary to go on to consider section 40 or section 31 in this case. The Commissioner does not require the Council to take any steps in relation to this decision notice.
Exemptions cited: FOI 41
View Cornwall Council
30 Jun 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested copies of any submissions made to Stonewall’s Workplace Equalities Index and any feedback received on those submissions. The University of Oxford provided its submissions, but relied on section 41 of FOIA (actionable breach of confidence) to withhold the feedback. The Commissioner’s decision is that the University is not entitled to rely on section 41 of FOIA to withhold the requested information. The Commissioner requires the University to take the following steps to ensure compliance with the legislation: disclose, to the complainant, the information it has relied upon section 41 of FOIA to withhold.
Exemptions cited: FOI 41
View The University of Oxford
30 Jun 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested, from the Home Office, information about three cases concerning the deprivation of British Citizenship pursuant to section 40 of the British Nationality Act 1981. The Home Office refused to confirm or deny holding the requested information, citing section 40(5) (Personal information) of FOIA. The Commissioner’s decision is that section 40(5) of FOIA was properly engaged. No steps are required.
Exemptions cited: FOI 40
View Home Office
30 Jun 2022Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from Liverpool City Council (“the Council”) relating to grants and loans made by the Council and Mayor. The Council refused to provide the requested information citing section 12 (cost limit), section 21 (information accessible by other means), section 22 (information intended for future publication) and section 40(2) (personal information). The Commissioner’s decision is that the Council was entitled to refuse to comply with the request in accordance with section 12(1) of the FOIA. However, he finds that the Council failed to provide reasonable advice and assistance and therefore failed to meet its obligations under section 16(1) of the FOIA. 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 request falling within the appropriate limit.
Exemptions cited: FOI 12(1); FOI 16
View Liverpool City Council
30 Jun 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about ambulance handovers. By the date of this notice the Northern Ireland Ambulance Service Health & Social Care 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
29 Jun 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Department for Education (“DfE”) regarding an investigation into an academy trust. The DfE firstly refused to disclose the information, citing section 22 of FOIA. Following discussions with the Commissioner, and internal policy discussions, it changed its position and instead relied upon sections 31 and 36 of FOIA as a basis for non-disclosure. The Commissioner’s decision is that DfE has correctly applied section 36(2)(c) of FOIA to the requested information. As the Commissioner considers that this applies to the entirety of the requested information, he has not gone on to consider whether DfE was correct to apply section 31 of FOIA. Therefore the Commissioner requires no steps to be taken by the public authority.
Exemptions cited: FOI 36
View Department for Education
29 Jun 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from Bedfordshire Police, information about the time the local Police and Crime Commissioner (‘the PCC’) had spent with it as a volunteer Special Constable. Bedfordshire Police refused the request, citing sections 31 (Law enforcement) and 40 (Personal data) of FOIA. The Commissioner’s decision is that Bedfordshire Police was entitled to rely on section 40(2) of FOIA to refuse to disclose the requested information.
Exemptions cited: FOI 40
View Bedfordshire Police
29 Jun 2022Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested copies of travel expense forms, invoices and a policy relating to members attending meetings. Llangunnor Community Council (the Council) provided some information, stated other information was not held and withheld travel expense forms under section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that section 40(2) FOIA was applied correctly to the withheld information. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 40
29 Jun 2022Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a request to the Department of Health (Northern Ireland) (“DoH”) requesting information relating to the Covid-19 vaccine and medical consent law. The Commissioner’s decision is that the DoH does not hold any information falling within the scope of the complainant's request for information. The Commissioner has, however, decided that the DoH did not comply with the requirements of section 10(1) of FOIA in that it did not provide the information within 20 working days. The Commissioner does not require the DoH to take any steps as a result of this decision notice.
Exemptions cited: FOI 1; FOI 10(1)
View Department of Health NI
28 Jun 2022Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about the 12 Programmed Activities upper limit in Consultant Job Planning. By the date of this notice Oxford University Hospitals 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 provide a substantive response to the request in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View Oxford University Hospitals NHS Foundation Trust
28 Jun 2022Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information from Ards and North Down Borough Council (“the Council”) in the form of Building Control Plans regarding a neighbouring property. The Council refused the request for information and cited Regulation 13 of the EIR to do so. The Commissioner’s decision is that the Council was entitled to apply Regulation 13(1) of the EIR to withhold the requested information. The Commissioner does not require the Council to take any further action in this matter.
Exemptions cited: EIR 13