18 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the Department for Health and Social Care (DHSC) to disclose the names of 47 companies which were awarded contracts via the ‘high-priority lane’ for procuring PPE. Initially the DHSC withheld the information under section 43 of the FOIA (commercial interests). At the internal review stage the DHSC revised its position, withdrew the application of section 43 of the FOIA and confirmed that the requested information would be published in due course. To the date of this notice, the DHSC has not disclosed the requested information, nor advised the Commissioner that it considers it is otherwise exempt by virtue of another exemption. The DHSC has therefore failed to comply with its obligations under FOIA. It has also breached section 1 and 10 of the FOIA. It failed to respond to the request within 20 working days of receipt and failed to disclose information, to which the complainant was entitled under section 1, in the same timeframe. The Commissioner requires t
Exemptions cited: FOI 1; FOI 10; FOI 43
View Department of Health and Social Care
18 Oct 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information with regards to the Bristol Mass Transit Policy. West of England Combined Authority (the council) refused the request under regulation 12(4)(d) of the EIR – material in the course of completion. The Commissioner’s decision is that regulation 12(4)(d) of the EIR is engaged and the public interest in maintaining the exception outweighs the public interest in disclosure. The Commissioner does not require any steps.
Exemptions cited: EIR 12(4)(d)
View West of England Combined Authority
18 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information regarding objections to the council’s accounts. Kirby Muxloe Parish Council initially refused the request on the basis of section 14. This position was revised during the course of the investigation and the information was provided. The Commissioner’s decision is that Kirby Muxloe Parish Council failed to respond to the request for information within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner does not require any steps as the information has been provided.
Exemptions cited: FOI 10
18 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the NHS Commissioning Board (“NHS England”) relating to NHS England’s CMU Framework Agreement and the supply of human albumin. By the date of this notice, NHS England had not provided a substantive response to the request.
The Commissioner’s decision is that NHS England has 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 to the request in accordance with its obligations under the FOIA.
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 Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View NHS England
18 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from St Helens Borough Council (“the Council”) information relating to the Council’s response times for freedom of information requests. By the date of this notice, the Council had not provided a substantive response to the request.
The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
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 FOIA.
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: FOI 10
View St Helens Council
18 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the NHS Commissioning Board (“NHS England”) relating to the NIMS database. By the date of this notice, NHS England had not provided a substantive response to the request.
The Commissioner’s decision is that NHS England has 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 to the request in accordance with its obligations under the FOIA.
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 Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View NHS England
18 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested correspondence between Cheshire West and Chester Council (the council) and a publicly owned company, Edsential, regarding its decision to implement the local living wage to employees of the company. The council refused the request on the basis that the exemptions in sections 36(2), 42, 43(2) and section 44 applied. The Commissioner’s decision is that the council was correct to apply section 36(2) to withhold the information from disclosure. The Commissioner does not require the council to take any steps.
Exemptions cited: FOI 36
View Cheshire West and Chester Council
18 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about psychological assessment screening. The Isle of Wight NHS Trust (‘the Trust’) advised it does not hold the requested information. The Commissioner’s decision is as follows: It has become apparent that the Trust 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 the Trust to offer the complainant advice and assistance in order to help them describe the requested information. Because it did not do so, the Trust did not comply with section 16(1). The Commissioner requires the Trust to take the following step to ensure compliance with the legislation: The Trust must offer the complainant appropriate advice and assistance so as to enable them to clarify their request; setting out what it needs from the complainant in order to identify the requested information. If the complainant is genuinely seeking specific information, then the onus i
Exemptions cited: FOI 16
View Isle of Wight NHS Trust
15 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested correspondence and documents between Shrewsbury Town Council and its solicitors, Hatchers, relating to the disposal of land adjacent to Greenfields Recreation Ground. Shrewsbury Town Council refused to disclose the requested information citing Sections 42 and 43 of the FOIA. The Commissioner’s decision is that the requested information is environmental as defined by the EIR and Shrewsbury Town Council has incorrectly applied Sections 42 and 43 of the FOI. Furthermore, Shrewsbury Town Council has failed to engage regulation 12(5)(b) and regulation 12(5)(e). The Commissioner also finds that the Council has breached Regulation 5(2) of the EIR by failing to respond to the complainant within 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information.
Exemptions cited: FOI 42; FOI 43
15 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from Shrewsbury Town Council, statements considered by an independent investigation commissioned by Shrewsbury Town Council into the way in which it sold public owned land to a private developer. Shrewsbury Town Council refused the request on the grounds the information was not held by itself for its own purposes or by the independent investigator on its behalf. The Commissioner’s decision is that the requested information is environmental as defined by the EIR and is held by Shrewsbury Town Council under Regulation 3(2) of the EIR. The Commissioner finds that the Council breached Regulations 5(1) and 5(2) by incorrectly applying Regulation 12(4)(a) of the EIR and not disclosing the requested information within 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information.
Exemptions cited: FOI 1
15 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested raw and standardised test score data. King Edward VI Academy Trust provided the standardised scores, but withheld the raw scores – relying on section 43(2) of the FOIA (commercial interests) in order to do so. The Commissioner’s decision is that the Trust has correctly relied on section 43(2) of the FOIA and that the balance of the public interest favours maintaining this exemption. The Commissioner does not require further steps.
Exemptions cited: FOI 43
15 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested copies of correspondence and documents exchanged between Shrewsbury Town Council’s solicitors, Hatchers, and the CSE Limited’s solicitors, Martin Kaye, in relation to the sale of land adjacent to Greenfields Recreation Ground. Shrewsbury Town Council initially refused the to disclose the requested information citing Sections 42 and 43 of the FOIA. However, following the Commissioner’s investigation it stated that it did not hold the requested information under the FOIA. The Commissioner’s decision is that the requested information is environmental and is held on behalf of Shrewsbury Town Council by its solicitors. Furthermore, Shrewsbury Town Council has failed to engage regulation 12(5)(b) and regulation 12(5)(e). The Commissioner also finds that Shrewsbury Town Council breached regulation 5(2) of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information.
Exemptions cited: FOI 42; FOI 43
15 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
1. The complainant requested information from the ICO about a Decision Notice regarding Great Wyrley Parish Council, which was appealed at the First Tier Tribunal (EA/2020/0014).2. The Commissioner’s decision is that the ICO breached section 10(1) of the FOIA by failing to provide a valid response to the request within the statutory time frame of 20 working days.3. As a response has been issued, the Commissioner does not require the ICO to take any further steps.
Exemptions cited: FOI 10
View Information Commissioner
15 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from Shrewsbury Town Council all emails and documents exchanged with Base Architects. Shrewsbury Town Council refused the request under Section 43 of the FOIA. The Commissioner’s decision is that the requested information is environmental as defined by the EIR and Shrewsbury Town Council has incorrectly applied Section 43 of the FOIA. The Commissioner also finds that the Council has breached Regulation 5(2) of the EIR by failing to respond to the complainant within 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information.
Exemptions cited: FOI 43
14 Oct 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information from Shropshire Council about road traffic calming measures. The Commissioner’s decision is that the Council failed to respond to the complainant’s request within 20 working days of receipt and has therefore breached regulation 5(2) of the EIR. The Commissioner requires the Council to respond to the complainant’s request in accordance with the EIR.
Exemptions cited: EIR 5(2)
View Shropshire Council
14 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to safeguarding at Meadowfield School. The School refused to comply with the request under section 14(1) (vexatious requests) of the FOIA. The Commissioner’s decision is that the request was vexatious and therefore the School was entitled to rely upon section 14(1) to refuse it. However, the School has breached section 17(5) (refusal of request) in failing to issue a refusal notice in response to the request within 20 working days. The Commissioner does not require any further steps to be taken to ensure compliance with the legislation.
Exemptions cited: FOI 14
14 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about a particular visit made by the Australian High Commissioner to the UK, to the Home Office. The Home Office confirmed that it held some of the requested information but that it was exempt from disclosure under sections 27(1)(a) and 27(2) (International relations), and section 40(2) (Personal information) of the FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 27(1)(a) to withhold all of the information falling within the scope of the request and that the public interest favoured maintaining the exemption. The Commissioner requires no steps as a result of this decision.
Exemptions cited: FOI 27
View Home Office
14 Oct 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information about housing allocation decisions made in the West of England (WoE) Joint Spatial Plan (JSP). South Gloucestershire Council (SGC) initially refused the request under regulations 12(4)(d) (Material still in the course of completion) and 12(4)(e) (Internal communications) of the EIR. It later revised its interpretation of the request. It stated that a lot of the information it had previously considered, now fell outside of the scope of the request. It disclosed a series of documents which it considered gave the complainant a clear understanding of why its housing allocation decisions were correctly arrived at. The Commissioner’s decision is that when revising its interpretation of the request, SGC failed to read the request objectively. It also failed to undertake adequate searches for information. In doing so, it failed to identify all the information it held falling within the scope of the request. These are breaches of regulation 5(1) of the
Exemptions cited: EIR 11(4); EIR 5(1); EIR 5(2)
View South Gloucestershire Council
13 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the Department of Health and Social Care (the DHSC) to disclose information about the contract for ‘Project Saturn’. The DHSC refused to disclose the requested information citing section 43 of the FOIA. The Commissioner’s decision is that the DHSC is entitled to refuse to disclose the requested information in accordance with section 43 of the FOIA. She has however found the DHSC in breach of sections 1 and 10 of the FOIA. The Commissioner does not require any further action to be taken.
Exemptions cited: FOI 43
View Department of Health and Social Care
13 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from North Bristol NHS Foundation Trust relating to the physical assault of staff. By the date of this notice, the Trust had not provided a substantive response to the request. The Commissioner’s decision is that the Trust has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation. The Trust must issue a substantive response to the request in accordance with its obligations under the FOIA. The Trust 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 North Bristol NHS Trust
13 Oct 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested details of a specific section of the planned Northern Powerhouse Railway. Transport for the North withheld the requested information and relied on Regulation 12(4)(d) of the EIR (material in the course of completion) in order to do so. The Commissioner’s decision is that TfN has correctly relied on Regulation 12(4)(d) to withhold the requested information and that the balance of the public interest favours maintaining the exception. As TfN failed to indicate the date on which it expected the material it was withholding to be completed, it breached Regulation 14 of the EIR. The Commissioner does not require further steps.
Exemptions cited: EIR 12(4)(d); EIR 14
13 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a request to the London Borough of Barnet (the Council) seeking copies of legal agreements between it and Saracens Copthall LLP concerning a loan to finance a replacement west stand as part of its Allianz Park stadium. The Council initially withheld the requested agreements in full on the basis of sections 43(2) (commercial interests) of FOIA. During the course of the Commissioner’s investigation the Council provided the complainant with redacted versions of the documents with the exemptions contained at sections 38 (health and safety), 40(2) (personal data) and 43(2) of FOIA being used to withhold the information. The complainant challenged the use of these exemptions.The Commissioner’s decision is that the remaining redacted information is exempt from disclosure on the basis of sections 40(2) or 43(2) of FOIA and that in relation to the information withheld under section 43(2) the public interest favours maintaining that exemption.
Exemptions cited: FOI 40; FOI 43
View Barnet Council
13 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Harrogate and District NHS Foundation Trust relating to the physical assault of staff. By the date of this notice, the Trust had not provided a substantive response to the request.The Commissioner’s decision is that the Trust has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation.The Trust must issue a substantive response to the request in accordance with its obligations under the FOIA. The Trust 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 Harrogate and District NHS Foundation Trust
13 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a copy of the DPIA conducted into the NHS test and trace programme. The Department of Health and Social care withheld this information under section 35(1)(a) (formulation or development of government policy) of the FOIA. The Commissioner’s decision is that the DHSC is entitled to rely upon section 35(1)(a) as a basis for refusing to disclose the requested information. However, in failing to provide its response within 20 working days, the DHSC breached section 10 (time for compliance with request) of the FOIA. The Commissioner requires no further steps.
Exemptions cited: FOI 10; FOI 35(1)(a)
View Department of Health and Social Care
13 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Norfolk and Norwich University Hospitals NHS Foundation Trust relating to the physical assault of staff. By the date of this notice, the Trust had not provided a substantive response to the request. The Commissioner’s decision is that the Trust has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation. The Trust must issue a substantive response to the request in accordance with its obligations under the FOIA. The Trust 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 Norfolk and Norwich University Hospitals
13 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Sandwell and West Birmingham Hospitals NHS Trust (“the Trust”) relating to the physical assault of staff. By the date of this notice, the Trust had not provided a substantive response to the request.The Commissioner’s decision is that the Trust has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation.The Trust must issue a substantive response to the request in accordance with its obligations under the FOIA. The Trust 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 Sandwell and West Birmingham Hospitals NHS Trust
13 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Barnsley Hospital NHS Foundation Trust relating to the physical assault of staff. By the date of this notice, the Trust had not provided a substantive response to the request. The Commissioner’s decision is that the Trust has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation. The Trust must issue a substantive response to the request in accordance with its obligations under the FOIA. The Trust 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 Barnsley Hospital NHS Foundation Trust
12 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to a Radio Ulster broadcast. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information if held by the BBC, was held 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
12 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from South Yorkshire Police (“SYP”) about claims received for misfeasance in public office under the 'Hillsborough Victims' Misfeasance Litigation' group action. The Commissioner’s decision is that SYP failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.The Commissioner requires SYP 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.
Exemptions cited: FOI 10
View South Yorkshire Police
12 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from the Information Commissioner’s Office (ICO) the correspondence that passed between it and Highways England (now known as National Highways) on a particular case. The ICO refused to provide the information on the basis that it considered the request to be vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that the ICO has applied section 14(1) correctly and that the request is vexatious. The Commissioner does not require the ICO to take any further steps.
Exemptions cited: FOI 14
View Information Commissioner
12 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant requested data on hospital-acquired instances of Covid-19. East Kent Hospitals University NHS Foundation Trust relied on section 21 of the FOIA to withhold information as it was reasonably accessible to the complainant. The Commissioner’s decision is that the Trust was correct to deal with the request under the FOIA and, having done so, was entitled to rely on section 21 of the FOIA to withhold some of the requested information. On the balance of probabilities, the Commissioner is also satisfied that the Trust holds no further information within the scope of the request. However, the Trust failed to inform the complainant, within 20 working days, that it did not hold some of the requested information and therefore breached section 10 of the FOIA. The Commissioner does not require any further steps. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0332 under appeal.
Exemptions cited: FOI 1; FOI 10; FOI 21
View East Kent Hospitals University NHS Foundation Trust
12 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about careers provision. Tudor Grange Academies Trust refused the request as vexatious. The Commissioner’s decision is that the request was not vexatious and therefore the Trust wass not entitled to rely on section 14(1) of the FOIA to refuse it. As the Trust also failed to issue its refusal notice within 20 working days, it breached section 17 of the FOIA. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation: issue a fresh response, to the request, that does not rely on section 14 of the FOIA.
Exemptions cited: FOI 14; FOI 17
View TUDOR GRANGE ACADEMIES TRUST
11 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested various information from the Nottinghamshire Police relating to speed limit enforcement in and around Southwell. Nottinghamshire Police had failed to provide a substantive response by the date of this notice. The Commissioner’s decision is that Nottinghamshire Police failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires Nottinghamshire Police to take the following steps to ensure compliance with the legislation - issue a substantive response, under the FOIA, to the request. Nottinghamshire Police must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
11 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information regarding a section 114 notice (Local Government Finance Act 1988). Blackburn with Darwen Borough Council denied that the information was held. The Commissioner’s decision is that, on the balance of probabilities, Blackburn with Darwen Borough Council does not hold the requested information. However, the council issued it’s final response outside of the statutory time period of 20 working days and therefore breached section 10 of the FOIA. The Commissioner does not require any steps.
Exemptions cited: FOI 1
View Blackburn with Darwen Council
11 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested details of individuals who had been ejected for not wearing a facemask. Homerton University Hospital NHS Foundation Trust denied holding any information in recorded form. The Commissioner’s decision is that, on the balance of probabilities, the Trust does not hold any information in recorded from that would fall within the scope of the request. The Trust has therefore complied with its duty under section 1(1) of the FOIA. The Commissioner does not require any further steps.
Exemptions cited: FOI 1
View Homerton Healthcare NHS Foundation Trust
11 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested safeguarding-related information and a risk assessment document. The Governing Body of St Ralph Sherwin Catholic Multi-Academy Trust (‘the Trust’) advised it would not release some of the information, provided a little and denied holding any further relevant information. The Commissioner’s decision is that, on the balance of probabilities, the Trust has identified all the relevant information it holds within scope of parts 2 and 3 of the request and has therefore complied with its duty under section 1(1) of the FOIA. In respect of part 1 of the request, instead of indicating it was withholding personal data under section 40(2) of the FOIA, the Trust should have relied on section 40(5) to neither confirm nor deny holding relevant information and the Commissioner has therefore applied section 40(5) of the FOIA to this part herself, proactively. The Commissioner does not require the Trust to take any further steps. Information Tribunal appeal EA/2021/0315 app
Exemptions cited: FOI 1; FOI 40
View ST RALPH SHERWIN CATHOLIC MULTI ACADEMY TRUST
11 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from London Borough of Enfield (“the Council”) about ambulance delays related to Fox Lane of the London Transport Network. The Commissioner’s decision is that the Council breached section 10(1) of the FOIA by failing to provide a valid response to the request within the statutory time frame of 20 working days. No steps are required.
Exemptions cited: FOI 10(1)
View Enfield Council
11 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested details of policies relating to patient behaviour. Homerton University Hospital NHS Foundation Trust disclosed some information and sated that this was the only information it held within the scope of the request. The Commissioner’s decision is that the Trust does not hold any further information beyond that which has already been disclosed. However, the Trust did not identify all the recorded information it held within 20 working days and therefore breached section 10 of the FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 1; FOI 10
View Homerton Healthcare NHS Foundation Trust
8 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a three part request to the Foreign and Commonwealth Office (FCO, now the Foreign, Commonwealth & Development Office) seeking information about communications with a third party contractor concerning Cameroon. The FCO explained that it did not hold any information falling within the scope of the first two parts of the request, and although it held information falling within the last part of the request it considered this to be exempt from disclosure on the basis of the following sections of FOIA: 26(1)(b) (defence), 27(1)(a) and (d) (international relations), 40(2) (personal data) and 43(2) (commercial interests). During the course of the Commissioner’s investigation the FCDO subsequently disclosed some information to the complainant. The Commissioner’s decision is that the remaining information is exempt from disclosure on the basis of 26(1)(b), 27(1)(a) and (d), 40(2) and 43(2). However, the Commissioner has also concluded that the FCDO breached section
Exemptions cited: FOI 17; FOI 26; FOI 27; FOI 40; FOI 43
View Foreign, Commonwealth & Development Office
8 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested copies of Royal College reports. Birmingham Women’s and Children’s Hospital NHS Foundation Trust had not responded to the request at the date of this notice. The Commissioner’s decision is that the Trust has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation. Issue a substantive response, under the FOIA, to the request.
Exemptions cited: FOI 10
View Birmingham Women's NHS Foundation Trust
8 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested correspondence from four named individuals held by the Charity Commission containing allegations. The Charity Commission refused to confirm or deny whether the requested information was held under section 31(3), 40(5) and 41(2) FOIA. The Commissioner’s decision is that the Charity Commission has correctly applied section 31(3) FOIA to refuse to confirm or deny whether the requested information is held. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 31
View The Charity Commission
8 Oct 2021Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a request to Westminster City Council (the Council) seeking information about the replacement of windows at a residential block of flats. The Council responded by stating that it did not hold any information falling within the scope of the request. The complainant disputed this. During the course of the Commissioner’s investigation the Council located some information which was disclosed to the complainant.The Commissioner’s decision is that on the balance of probabilities the Council has now located (and disclosed) all of the information it holds falling within the scope of this request. However, the late disclosure of this information represents a breach of section 10(1) of FOIA.
Exemptions cited: FOI 1; FOI 10
View Westminster Council
8 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested all emails that the chief nurse has sent/received in relation to DNR discussions during the Covid pandemic. St George’s University Hospitals NHS Foundation Trust (the Trust) has confirmed that no information is held falling within the scope of the request under section 1(1)(a) FOIA. The Commissioner considers that on the balance of probabilities, there is no recorded information held by the Trust under section 1(1)(a) FOIA falling within the scope of the request. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 1
View St George's University Hospitals NHS Foundation Trust
7 Oct 2021Complaint partially upheldFreedom of Information Act 2000
1. Summary wording for website: The complainant has requested information from Warrenpoint Harbour Authority (WHA) regarding communications between it and various third parties with reference to current Tribunal proceedings2. The Commissioner’s decision is that WHA has correctly applied section 12(1) of the FOIA to the complainant’s request.3. However, the Commissioner finds WHA in breach of its obligation under section 16 of the FOIA to provide advice and assistance to the complainant.4. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.• WHA should offer further advice and assistance to help the complainant narrow or refine his request, further to its duty under section 16(1) of the FOIA.
5. 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 s
Exemptions cited: FOI 12; FOI 16
7 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested various information from Irby Upon Humber Parish Council (the ‘Council’) relating to a public interest report, financial records, and Council procedures. The Council had failed to provide a substantive response to the complainant by the date of this notice. The Commissioner’s decision is that the Council failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: issue a substantive response, under the FOIA, 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 FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
7 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the Department of Health and Social Care (DHSC) to disclose the number and names of all key subcontractors employed by Serco and Sitel to work on NHS Test & Trace. The DHSC confirmed that Sitel does not use subcontractors. In respect of Serco it provided the number of subcontractors used but refused to disclose the names of these companies under section 43 of the FOIA. The Commissioner’s decision is that the DHSC has failed to demonstrate sufficiently that the withheld information is exempt from disclosure under section 43 of the FOIA. The Commissioner therefore requires the DHSC to disclose the withheld information to the complainant.
Exemptions cited: FOI 43
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7 Oct 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information regarding the resurfacing of a highway.The Commissioner’s decision is that Vale of Glamorgan 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 Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 5(2)
View Vale of Glamorgan Council
7 Oct 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the NHS Commissioning Board (“NHS England”) relating to the pathway/referral process, the Individual Funding Review panel and NHS England’s targets for replying to correspondence from MPs. By the date of this notice, NHS England had not provided a substantive response.The Commissioner’s decision is that NHS England has 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.NHS England must issue a substantive response to the request in accordance with its obligations under the FOIA. 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 Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
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7 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the Department of Health and Social Care (the DHSC) to disclose the number of lateral flow test kits to be supplied under the contracts of two referenced TED notices. The DHSC refused to disclose the requested information, citing section 43 (commercial interests) of the FOIA. The Commissioner’s decision is that the DHSC is entitled to refuse to disclose the requested information in accordance with section 43 of the FOIA. She does not therefore require any further action to be taken.
Exemptions cited: FOI 43
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7 Oct 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request for information to the Welsh Government in respect of a decision not to let Welsh patients have a postal service for prescriptions, and whether any discussions had taken place, or were planned to take place in relation to ensuring that the clinically extremely vulnerable could obtain their medication during the COVID-19 pandemic. The Welsh Government stated that it did not hold any recorded information falling within the scope of part one of the complainant’s request and provided details in respect of part two. The complainant was not satisfied with this response. The Commissioner’s decision is that the Welsh Government stated correctly that it did not hold any recorded information falling within the scope of part one of the complainant’s information request and that it has provided a full response to part two of her request. She is therefore satisfied that it has complied with its obligations under section 1(1) of the FOIA. The Commissioner does not
Exemptions cited: FOI 1
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