28 Oct 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information from Devon County Council relating to any allegations made against a business that they are associated with. The Council refused to confirm or deny if information was held under section 40(5B) (third party personal information) of the FOIA. The Commissioner’s decision is that any information held by the Council that fell within the scope of the request would be the complainant’s personal data. The Council was therefore correct to neither confirm nor deny whether the requested information was held, but should have applied section 40(5A) (personal information of the requestor). The Commissioner does not require the Council to take any steps as a result of this decision notice. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0349 under appeal.
Exemptions cited: EIR 5(2); FOI 40(5)
View Devon County Council
28 Oct 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information relating to a proposed industrial poultry unit at Footbridge Farm.The Commissioner’s decision is that Shropshire Council (“the Council”) has failed to respond to the request within 20 working days and has therefore breached Regulation 5(2) of the Environmental Information Regulations (“the EIR”).The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.• Issue a substantive response, under the EIR, to the 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 Freedom of Information Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 5(2)
View Shropshire Council
28 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from the NHS Commissioning Board (“NHS England”) relating to the effectiveness of the National Genomic Information System within the NHS. The Commissioner’s decision is that NHS England failed to respond to the request within 20 working days and therefore breached Section 10 of the Freedom of Information Act (“the FOIA”).
Exemptions cited: FOI 10
View NHS England
28 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about a self-referral from Staffordshire Police following a coroner’s report. The Independent Office for Police Conduct eventually responded to the request, but outside the 20 working day timeframe. The Commissioner’s decision is that the IOPC failed to respond to the request within 20 working days and therefore breached section 10 of the FOIA. As a response has now been issued, the Commissioner does not require further steps to be taken.
Exemptions cited: FOI 10
View Independent Office for Police Conduct
28 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from Oldham Metropolitan Borough Council information relating to the number of injunctions that had been issued on its behalf against residents in the borough between two dates. The Council withheld the requested information under section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that the Council was entitled to withhold the requested information under section 40(2). The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 40(2)
View Oldham Council
27 Oct 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information from Brighton and Hove City Council (“the Council”) relating to hazardous sites.The Commissioner’s decision is that 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.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 Freedom of Information Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 11
View Brighton and Hove City Council
26 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about Fit and Proper Person investigations. North East London Clinical Commissioning Group denied holding any information within the scope of the request. The Commissioner’s decision is that, on the balance of probabilities, the CCG holds no information within the scope of the request. The Commissioner does not require any further steps.
Exemptions cited: FOI 1
26 Oct 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
1. The complainant requested information from Babergh & Mid Suffolk District Councils (“the Council”) relating to objections to the proposed diversion of a footpath, specifically the names of objectors. 2. The Council refused to provide the requested information, citing regulation 13 (personal information) of the EIR. 3. The Commissioner’s decision is that the Council correctly applied regulation 13 to the withheld information so does not require any steps to be taken. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0330 struck out.
Exemptions cited: EIR 13
26 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to Equality Impact Assessments carried out before the introduction of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, and each amendment to those Regulations. The Commissioner’s decision is that Department of Health and Social Care (DHSC) is not entitled to rely on section 35(1)(a) - formulation or development of government policy, to withhold the requested information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide the Equality Impact Assessments conducted prior to the introduction of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, and each amendment to those Regulations. Provide the Equality Impact Assessments conducted ahead of the introduction of the Coronavirus Act on 25 March 2020. Any other documentation demonstrating that compliance with the public sector equality duty under Section 149 of t
Exemptions cited: FOI 35
View Department of Health and Social Care
26 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the number of active duty serving police officers stationed throughout the force broken down by police station and geographic area from Norfolk Constabulary. The Commissioner’s decision is that Norfolk Constabulary properly engaged section 31(1) and the public intertest lies in maintaining the exemption. Therefore no steps are to be taken as a result of this decision.
Exemptions cited: FOI 31(1)(a); FOI 31(1)(b)
View Norfolk Constabulary
26 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant made a request for information relating to a statement issued by Dorset Constabulary on the reduction of casualties and road safety. The Commissioner’s decision is that Dorset Constabulary has not demonstrated that the request was vexatious and was therefore not entitled to rely on section 14(1) to refuse it. The Commissioner requires Dorset Constabulary to issue a fresh response to the request which does not rely upon section 14(1).
Exemptions cited: FOI 14(1)
View Dorset Police
26 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested a copy of a specified prison-related audit report. The Ministry of Justice (the ‘MOJ’) refused to provide it in its entirety, citing section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that the MOJ was not entitled to rely on section 43(2) to withhold the requested report for the reasons set out in this notice. The complainant confirmed he was not interested in the disclosure of the names within the report. The Commissioner, therefore, requires the MOJ to disclose the requested report in its entirety minus the names of individuals to ensure compliance with the legislation. The MOJ must take this step within 35 calendar days of the decision notice.
Exemptions cited: FOI 43
View Ministry of Justice
25 Oct 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainants have requested information about a Tree Preservation Order (“TPO”), from Tunbridge Wells Borough Council (the “Council”). The Council disclosed information it held within the scope of the request, but withheld some citing the exceptions at sections 13 (Personal data) and 12(5)(b) (Course of justice) of the EIR. The Council later revised its position and no longer relied on either of these exceptions instead saying that it had incorrectly interpreted the request and that no information was held.
The Commissioner’s decision is that the Council’s response did not comply with EIR regulation 5(2) as it was not provided to the complainants within 20 working days of their request. She also finds that, on the civil standard of the balance of probabilities, the Council does not hold any information so it complied with EIR regulation 5(1). No steps are required.
Exemptions cited: EIR 5(1); EIR 5(2)
View Tunbridge Wells Borough Council
25 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Metropolitan Police Service (the “MPS”) about whether or not it had conducted a particular investigation. The MPS refused to confirm or deny whether it had done, citing the exemptions at sections 40(5) (Personal information), 30(3) (Investigations and proceedings) and 31(3) (Law enforcement) of the FOIA. The Commissioner’s decision is that the MPS was entitled to rely on section 40(5) of the FOIA to issue a neither confirm nor deny response. No steps are required..
Exemptions cited: FOI 40
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25 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested copies of various guidance documents relating to court security. The Ministry of Justice (MoJ) confirmed it held the requested information but refused to provide it, citing sections 31(1)(a) and (c) (law enforcement) of FOIA. The Commissioner’s decision is that the MoJ was entitled to rely on section 31(1)(a) and (c) and that the public interest favoured maintaining the exemption.
The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 31
View Ministry of Justice
25 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested from Blackburn with Darwen Council information relating to specific payments it had made to two parties. The Commissioner’s decision is that the information requested is environmental and therefore the Council should have dealt with the request under the Environmental Information Regulations 2004 and not the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.Reconsider and respond to the complainant’s request dated 2 September 2020 under the EIR. In doing so the Council should have careful regard to the Commissioner’s observations in ‘Other matters.
Exemptions cited: FOI 39
View Blackburn with Darwen Council
25 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested the audio or transcripts of telephone calls between specified parties during a specified timeframe. West Yorkshire Police neither confirmed nor denied holding the requested information, citing sections 40(5) (personal information) and 30(3) (investigations and proceedings) of FOIA. The Commissioner’s decision is that West Yorkshire Police was entitled to rely on section 30(3) of FOIA to neither confirm nor deny whether it held the requested information. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 30
View West Yorkshire Police
25 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information, including information relating to entries on a spreadsheet which had been supplied to him in response to a previous request for information. West Yorkshire Police provided some information within the scope of the request but refused to confirm or deny holding the remaining requested information, citing section 40(5) (personal information) of FOIA. The Commissioner’s decision is that West Yorkshire Police was entitled, by virtue of section 40(5A) of FOIA, to neither confirm nor deny holding the requested information relating to the spreadsheet entries. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 40
View West Yorkshire Police
25 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about a review of an investigation. West London NHS Trust (‘the Trust’) has applied section 30(3) (investigations and proceedings), section 40(2) (personal data) and section 42 (legal professional privilege) to the request. The Commissioner’s decision is as follows: If the Trust holds any information within scope of the request it would be the complainant’s own personal data which would be exempt information under section 40(1) of the FOIA. The Commissioner has therefore applied section 40(5A) of the FOIA herself proactively to prevent the disclosure of personal data that would result from confirming or denying that information was held. The Trust breached section 17(1) of the FOIA as its refusal notice was inadequate. The Commissioner does not require the Trust to take any remedial steps.
Exemptions cited: FOI 17; FOI 40
View West London NHS Trust
25 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has submitted a seven part request for information to National Highways (formerly Highways England). National Highways advised the complainant that it does not hold the requested information and that its response had fully addressed his request. The Commissioner’s decision is as follows: It has become apparent that the National Highways has failed to obtain the correct objective reading of the request. In line with the duty under section 16(1) of the FOIA, it would have been reasonable for National Highways to offer the complainant advice and assistance in order to help him describe all the requested information. Because it did not do so, National Highways did not comply with section 16(1). The Commissioner requires National Highways to take the following step to ensure compliance with the legislation: National Highways must offer the complainant appropriate advice and assistance so as to enable him to clarify all parts of his request; setting out what it needs from the
Exemptions cited: FOI 16
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22 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested details of the medical insurance provider of Woodgrange Medical Practice. The Commissioner’s decision is that Woodgrange Medical Practice failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.The Commissioner requires Woodgrange Medical Practice to take the following steps to ensure compliance with the legislation.• Issue a substantive response, in accordance with its obligations under the FOIA, to the request.Woodgrange Medical Practice 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 FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
22 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information associated with a ‘Type 2’ opt-out error identified in 2018. NHS Digital has categorised the request as a vexatious request under section 14(1) of the FOIA. The Commissioner’s decision is as follows: NHS Digital is entitled to categorise the complainant’s request of 16 January 2021 as vexatious under section 14(1) of the FOIA and is not obliged to comply with that correspondence. The Commissioner does not require NHS Digital to take any remedial steps. Information Tribunal appeal EA/2021/0314 under appeal.
Exemptions cited: FOI 14
View NHS England
22 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Cabinet Office about correspondence, communications, meetings and conversations that discuss [redacted]. By the date of this notice the Cabinet Office had failed to provide a substantive response to this request. The Commissioner’s decision is that the Cabinet Office has failed to complete its deliberations on the balance of the public interest within a reasonable time and has therefore breached section 17(3) of the FOIA. Having confirmed that information is held within the scope of the request, the Commissioner requires the Cabinet Office to either disclose the requested information or issue a refusal notice in accordance with the requirements of section 17 of the FOIA. The Cabinet Office must take this step within 35 calendar days of the date of this notice. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2023/0183 under appeal.
Exemptions cited: FOI 17(3)
View Cabinet Office
22 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested all correspondence between Matt Hancock MP and Jeane Freeman MSP, with reference to Covid-19 testing, between the period 10 March to 22 September 2020. DHSC provided some information to the complainant however it withheld some information in full under section 35(1)(a) and (b) FOIA and redacted some information from the information disclosed under section 35(1)(a) and 40(2) FOIA. The Commissioner’s decision is that section 35(1)(a) and (b) have been applied correctly to the withheld information however the public interest in maintaining the exemptions is outweighed by the public interest in disclosure. The Commissioner does consider that section 40(2) FOIA was applied correctly to the information redacted under this exemption. The Commissioner requires the public authority to disclose all information withheld in full under section 35(1)(a) and (b) FOIA.
Exemptions cited: FOI 35; FOI 40
View Department of Health and Social Care
22 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the scientific advice used to inform changes to the shielding policy in July 2020, during the coronavirus pandemic. The Department of Health and Social Care (‘DHSC’) withheld the information under section 35(1)(a) of the FOIA (formulation or development of government policy) and considered the public interest favoured maintaining the exemption. The Commissioner’s decision is as follows: At the time of the request, DHSC correctly applied section 35(1)(a) of the FOIA to the information, but the public interest favoured its disclosure. The Commissioner requires DHSC to take the following step to ensure compliance with the legislation: Disclose the information being withheld under section 35(1)(a), having first redacted the personal data of any less senior officers. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0358 appeal allowed.
Exemptions cited: FOI 35
View Department of Health and Social Care
21 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant requested data on school admissions. The Buckinghamshire Grammar Schools provided some information but relied on section 22 of the FOIA (intended for future publication) to withhold the remainder. The Commissioner’s decision is that the withheld information engages section 22 of the FOIA and that public interest favours maintaining the exemption. The Commissioner also notes that TBGS did not issue a refusal notice within 20 working days and therefore breached section 17 of the FOIA. The Commissioner does not require further steps. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0346 appeal dismissed.
Exemptions cited: FOI 17; FOI 22
21 Oct 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about a specific railway station. Network Rail Ltd (NR) initially released some information and, in addition to personal data, withheld some information under regulation 12(5)(e) of the EIR (commercial confidentiality). NR subsequently identified further relevant information that it holds, some of which it released. NR continues to withhold information under regulation 12(5)(e) and is also now withholding a small amount of it under regulation 12(5)(a)(public safety). The Commissioner’s decision is as follows: NR applied regulation 7(1) of the EIR correctly initially but breached regulation 5(2) of the EIR as it did not make available to the complainant all the disclosable information it holds within the required timescale. NR breached regulation 14(2) of the EIR as it did not issue a refusal notice in respect of some of the relevant information within the required timescale. NR is entitled to withhold some of the requested information under reg
Exemptions cited: EIR 12(5)(e); EIR 14; EIR 5
View Network Rail
21 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on financial due diligence checks made by the Department of Health and Social Care (DHSC) into a named PPE supplier. The request also asked for correspondence between the DHSC and a senior figure a the supplier on the procurement. The DHSC aggregated this request with three earlier requests and refused them on the basis complying would exceed the cost limit under section 12 of the FOIA. The Commissioner’s decision is that the DHSC was entitled to aggregate the requests and that the DHSC has demonstrated that it would exceed the cost limit to confirm what information is held under section 12(2) of the FOIA. The DHSC has also complied with its duty under section 16 of the FOIA by providing advice and assistance.
Exemptions cited: FOI 12
View Department of Health and Social Care
21 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested from University College London (UCL) information about the Coronavirus Mitigation Group (CMG). UCL denied holding the requested information. The Commissioner’s decision is that UCL has failed to issue a response to the request that complies with the requirements of section 1(1) of the FOIA. The Commissioner requires UCL to issue a fresh response to the request that does not rely on the assertion that UCL does not hold information within scope of the request on the basis that the CMG was not a formal group.
Exemptions cited: FOI 1
View University College London
21 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested details of contracts with recruitment agents. The Governing Body of the University of Chichester variously relied upon section 21 (reasonably accessible), section 41 (actionable breach of confidence), section 43 (commercial interests) and 14 (vexatious) of the FOIA to refuse to provide information.The Commissioner’s decision is that section 43(2) of the FOIA is engaged in respect of the withheld information and that the balance of the public interest favours maintaining the exemption. The Commissioner does not require further steps.
Exemptions cited: FOI 43
View The University of Chichester
20 Oct 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant submitted a request to London Borough of Croydon (‘the Council’) for information about specific road closures and low traffic neighbourhoods.
The Commissioner’s decision is that London Borough of Croydon (the Council) has failed to respond to the request within 20 working days and has therefore breached Regulation 5(2) of the Environmental Information Regulations (“the EIR”).
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.• Issue a substantive response, under the EIR, to the 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 Freedom of Information Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 5(2)
View London Borough of Croydon
20 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested that Royston Town Council (the council) provide information on the outcome of an investigation into the conduct of a particular employee. The Commissioner’s decision is that the council correctly relied on section 40(5B)(a)(i) of the FOIA to refuse to confirm or deny whether it held information falling within the scope of the request. The Commissioner does not require the council to take any steps as a result of this decision notice.
Exemptions cited: FOI 40(5)(b)(a)(i)
20 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from GMP information relating to the amount paid in damages and legal costs by GMP in 2020 and the law firms commissioned to provide legal services to GMP in 2020.The Commissioner’s decision is that GMP has failed to respond to the request within 20 working days and has therefore breached regulation section 10 of the FOIA.The Commissioner requires GMP 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 FOIA. GMP 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: FOI 10
View Greater Manchester Police
20 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has submitted a multi-part request for information. In respect of part (1) of the request, South Yorkshire Police (SYP) disclosed a copy of its data protection policy, with redactions under section 31 (Law enforcement) of the FOIA. It refused to comply with the remainder of the request on the grounds that it was vexatious within the meaning of section 14(1) (Vexatious request) of the FOIA. The Commissioner’s decision is that SYP was not entitled to rely on section 31 to withhold information in respect of part (1) of the request, or on section 14 to refuse to comply with the remainder of the request. The Commissioner requires SYP to disclose the data protection policy and to issue a fresh response to the remaining parts of the request, which does not rely on section 14 of the FOIA.
Exemptions cited: FOI 14; FOI 31
View South Yorkshire Police
20 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information which the Department of Health had received from the Northern Ireland Covid-19 Strategic Intelligence Group on face coverings. The Commissioner’s decision is that the Department of Health (“the DoH”) failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.The Commissioner requires the DoH to take the following steps to ensure compliance with the legislation.• Issue a substantive response, in accordance with its obligations under the FOIA, to the request.The DoH 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 FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View Department of Health NI
20 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about the availability of temporary accommodation. The London Borough of Lambeth (“LB Lambeth”) denied holding this information and upheld this position at internal review. During the course of the Commissioner’s investigation, LB Lambeth changed its position and its arguments supported a position that it would exceed the cost limit (section 12) to provide the requested information. The Commissioner’s decision is that LB Lambeth is entitled to rely on section 12(1) as its basis for refusing the request. However, it contravened its obligation under section 16 of the FOIA to provide adequate advice and assistance to the complainant. No steps are required.
Exemptions cited: FOI 12; FOI 16
View London Borough of Lambeth
20 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from The NHS Commissioning Board relating to the spend data above £25,000 between 1 April 2020 and 28 February 2021.The Commissioner’s decision is that The NHS Commissioning Board (“NHS England”) failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.The Commissioner requires NHS England to take the following steps to ensure compliance with the legislation.Issue a substantive response, under the FOIA, to the request.NHS England 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 FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View NHS England
20 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
1. The complainant requested information from the Cabinet Office (CO) about statistical information and the supporting information that would allow the statistical information to be interpreted. By the date of this notice the CO had not issued a substantive response to this request.
2. The Commissioner’s decision is that the CO has failed to complete its deliberations on the balance of the public interest within a reasonable time and has therefore breached section 17(3) of the FOIA.
3. The Commissioner requires the CO to take the following step to ensure compliance with the legislation.• Having confirmed that information is held within the scope of the request: either disclose the requested information or issue a refusal notice in accordance with the requirements of section 17 of the FOIA.
4. The CO 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 th
Exemptions cited: FOI 17(3)
View Cabinet Office
20 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information held within the Department for Work and Pensions (DWP) Universal Credit Programme assumptions log and its issues, risks and dependencies logs for the Universal Credit Programme. The Commissioner’s decision is that DWP has failed to fully consider and respond to the request in accordance with section 1(1). The Commissioner requires the public authority to issue a fresh response to the complainant that considers all of the information falling within the scope of the request and either disclose the information or issue a refusal notice citing a reason to withhold the information. 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 the Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 1
View Department for Work and Pensions
20 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information , generated by the prosecution of offences under section 179 of The Town and Country Planning Act 1990 , by London Borough of Haringey Council. The Commissioner’s decision is that London Borough of Haringey Council correctly relied on section 12 (costs) not to meet the complainant’s request for information .
Exemptions cited: FOI 12
View Haringey Council
20 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
On 16 June 2021 the complainant requested from the Chief Constable of Kent Police (“Kent police”) information relating to complaints by the public regarding police conduct. Kent Police provided a response to this request on 15 October 2021.
The Commissioner’s decision is that Kent Police has failed to respond to the request within 20 working days and has therefore breached regulation section 10 of the FOIA.
The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 10
View Kent Police
20 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the BBC spend for the 2020 Olympics coverage. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
Exemptions cited: FOI 1
View BBC
19 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested Guy’s and St Thomas’ NHS Foundation Trust (the trust) to disclose the number of Prostate Arterial Embolisation procedures two doctors performed in 2019 and 2020 and any other data collected by the trust relating to such procedures over the same timeframe. The trust refused to disclose the requested information citing section 40(2) of the FOIA. During the Commissioner’s investigation the trust disclosed the requested information to the complainant and withdrew its application of section 40(2) of the FOIA. The Commissioner’s decision is that the trust breached section 1 and 10 of the FOIA for failing to disclose information to which the complainant was entitled under section 1 within 20 working days of the receipt of the request. As the information has now been disclosed, the Commissioner does not require any further action to be taken.
Exemptions cited: FOI 1; FOI 10
View Guy's and St Thomas' NHS Foundation Trust
19 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from Avon and Somerset Police email correspondence and related meeting papers between Avon and Somerset Police and employees of Reach PLC between 20/3/2021 and 05/04/2021. By the date of this notice Avon and Somerset Police had not provided a substantive response to this request.
The Commissioner’s decision is that Avon and Somerset Police has failed to respond to the request within 20 working days and has therefore breached regulation section 10 of the FOIA.
The Commissioner requires Avon and Somerset Police 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 FOIA.
Avon and Somerset Police 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
Exemptions cited: FOI 10
View Avon and Somerset Police
19 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested contact details and information on the handling of evidence of fraudulent trading at Companies House (“CH”). The Commissioner’s decision is that, on the balance of probabilities, CH does not hold recorded information within the scope of the revised request. The Commissioner finds a procedural breach of section 1 FOIA as CH did not recognise the initial request as a valid request. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.
Exemptions cited: FOI 1
View Companies House
19 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to minutes of the Joint Biosecurity Centre. The Commissioner’s decision is that Department of Health and Social Care (DHSC) has correctly applied section 35(1)(a) - formulation or development of government policy to the withheld information. The Commissioner does not require the DHSC to take any steps as a result of this decision notice.
Exemptions cited: FOI 35
View Department of Health and Social Care
19 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from South Somerset District Council information on its quality management system in relation to the reviewing of planning application documents submitted by an applicant and also the production of a planning officer’s report. South Somerset District Council disclosed the information it held falling within the scope of the complainant’s request but took in excess of 20 working days in which to do so. As a result, it breached Section 10 of the FOIA. As the requested information has now been disclosed, the Commissioner does not require South Somerset District Council to take any steps.
Exemptions cited: FOI 10
View South Kesteven District Council
19 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested evidence held by Huntingdonshire District Council (the council) regarding ownership of a particular piece of land. The council refused the request because it believed it to be a repeat of a previous request made by the same complainant. The Commissioner’s decision is that the council was entitled to rely on section 14(2) of the FOIA in its refusal of the request. However, as the council failed to issue a refusal notice to the complainant within 20 working days, the Commissioner has found there to be a breach of section 17(5) of the FOIA. The Commissioner does not require the council to take any steps as a result of this decision notice. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0321 struck out.
Exemptions cited: FOI 14; FOI 17
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19 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from South Somerset District Council information relating to planning applications and the preparation of a planning officer’s report. South Somerset District Council disclosed the information it held falling within the scope of the complainant’s request but took in excess of 20 working days in which to do so. As a result, it breached Section 10 of the FOIA. As the requested information has now been disclosed, the Commissioner does not require South Somerset District Council to take any steps.
Exemptions cited: FOI 10
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19 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about a fire door replacement programme from Stoke on Trent City Council (the “Council”). The Council provided some information to the complainant, late, and the Commissioner finds that it breached section 10(1) (Time for compliance) by failing to comply with section 1(1)(a) (General right of access) within the statutory time period. The complainant was of the opinion that more information should be available, however, the Commissioner’s decision is that, on the civil standard of the balance of probabilities, the Council has provided all the information that it holds. No steps are required.
Exemptions cited: FOI 1; FOI 10
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