16 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested Highways England (HE) to disclose the Cost Breakdown Document for a list of 15 sub threshold claims. HE refused the request stating that the information is not held and nor it is held by Kier Highways on its behalf. The Commissioner’s decision is that HE does hold the requested information for the purposes of the FOIA. She considers the requested information is held by Kier Highways on HE’s behalf. HE is required to reconsider the complainant’s request on the basis that it does hold the requested information and issue a fresh response to the complainant in accordance with its obligations under the FOIA. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0257 Appeal Withdrawn.
Exemptions cited: FOI 3
View National Highways
16 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of a particular “report” he believes was written. The Environment Agency handled the request under the Environmental Information Regulations (EIR) and its position is that it does not hold this information. The Commissioner’s decision is as follows: The Environment Agency wrongly handled the request under the EIR, but it does not hold the specific information the complainant has requested and has complied with section 1(1)(a) of the FOIA. The Commissioner does not require the Environment Agency to take any remedial steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0283 appeal struck out. Information Tribunal UT UA-2023-001938-GIA & UA-2023-001943-GIA PTA refused.
Exemptions cited: FOI 1
View Environment Agency
16 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to procurement, IT, Press Office and Communications Team activities and spend over specified years. Mid and East Antrim Borough Council (the Council) refused to comply with the requests, citing section 14 (1) (vexatious request) of the FOIA. The Commissioner’s decision is that the Council correctly applied section 14. The Commissioner requires no steps to be taken as a result of this decision. Information Tribunal appeal EA/2021/0258 appeal dismissed.
Exemptions cited: FOI 14
16 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the Civil Aviation Authority (the CAA) to disclose all agreements entered into between the CAA and Freedom Travel and/or other entities in the Thomas Cook group in relation to the bonding of flight-inclusive packages sold by Members under Freedom Travel’s and all agreements entered into between the CAA and Hays Travel Limited/related entities (Hays) in connection with the administration by Hays of packages which had not departed as at the Liquidation Date. The CAA disclosed some information but withheld the remainder under sections 40, 41, 44(1)(a) and 43 of the FOIA. The complainant has made no complaint about the CAA’s application of section 40 or 41 of the FOIA. With regards to the CAA’s application of sections 44(1)(a) and 43 of the FOIA, the Commissioner is satisfied that both are engaged. With regards to the application of section 43 of the FOIA which is subject to the public interest test, the Commissioner is satisfied that the public interest in fa
Exemptions cited: FOI 43; FOI 44(1)(a)
View Civil Aviation Authority
16 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the Parliamentary and Health Service Ombudsman (the PHSO) to disclose the names and job titles of all senior staff earning £39,979 or above, excluding clinical advisors. The PHSO refused to disclose the information citing section 40 of the FOIA. The Commissioner’s decision is that the PHSO is not entitled to rely on section 40 of the FOIA in this case. Disclose the names and job titles of all senior staff earning £39,797 or above, excluding clinical advisors and the information which is already made publicly available via the PHSO organogram.
Exemptions cited: FOI 40
View The Parliamentary and Health Service Ombudsman
16 Aug 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information regarding Luton Borough Council’s leasing of some land for a telecommunications mast. The council provided some information in scope of the request, and denied holding the remainder. The Commissioner’s decision is that, on the balance of probabilities, the council does not hold any further information within the scope of the request. However the Commissioner finds that the council breached regulations 5(2) and 14(2) in its handling of the request. The Commissioner does not require any steps.
Exemptions cited: EIR 14(2)(1); EIR 5(1); EIR 5(2)
View Luton Borough Council
16 Aug 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested demographic, qualification and work experience information relating to the successful candidate for a particular role. Manchester University NHS Hospitals Trust withheld the requested information of the successful candidate under section 40(2) FOIA. The Commissioner’s decision is that Manchester University NHS Hospitals Trust (‘MFT’) correctly withheld the information under section 40(2) FOIA but failed to respond to the request within 20 working days and therefore breached section 10 FOIA. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 10; FOI 40(2)
View Manchester University NHS Foundation Trust
13 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from NHS England about its contract with St. Peter’s Andrology Service London and a forthcoming tender exercise for a replacement provider.The Commissioner’s decision is that 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 to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View NHS England
13 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from NHS England about two members of Midlands NHS Continuing Healthcare Independent Review Panel.
The Commissioner’s decision is that 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 to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View NHS England
13 Aug 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about trainee clinical psychologists. The University of Plymouth (‘the University’) has released some relevant information and advised that it does not hold the remaining information. The complainant considers that the University holds the information requested in part 5 of his request, has not released the information he requested in part 4.5 and cannot rely on section 40(2) of the FOIA (personal data) to refuse to release the specific information he has requested in the remainder of part 4. The Commissioner’s decision is as follows: On the balance of probabilities, the University has released all the information it holds that is relevant to part 5 of the request and does not hold further information within scope of part 4.5 of the request. As such the University has complied with section 1(1) of the FOIA in relation to those parts of the request. The information requested in part 4.1 to 4.4 of the request cannot be categorised as personal dat
Exemptions cited: FOI 1; FOI 40
View University of Plymouth
12 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested various information from South Somerset District Council in relation to the Future of Local Government in Somerset project. South Somerset District Council disclosed all the information it claimed to hold based on its interpretation of the request. Subsequently, the complainant obtained additional information from another public authority which he believed had been intentionally withheld by South Somerset District Council. Although South Somerset District Council claimed not to hold this it subsequently transpired, following the Commissioner’s investigation, that further information was held. This was disclosed as part of her investigation. The Commissioner’s decision is that South Somerset District Council has breached Section 10(1) of the FOIA (time for compliance with request) by failing to respond to the request within 20 working days. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 10
View South Kesteven District Council
12 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from London Borough of Croydon (“the Council”) regarding local authority spending on schools on educational placements of any young people aged 19 or under with educational health care plans.
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 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 FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View London Borough of Croydon
12 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the NHS Commissioning Board (“NHS England”) in four parts about correspondence relating to a contract awarded to Chapel Lane Surgery in Formby. The Commissioner’s decision is that NHS England failed to respond to the requests 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 requests in accordance with its obligations under the FOIA.
Exemptions cited: FOI 1; FOI 10
View NHS England
12 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Ministry of Defence about a specified company. The Ministry of Defence has failed to respond to this request. The Commissioner requires the Ministry of Defence to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Ministry of Defence must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View Ministry of Defence
12 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Transport for London (TfL) relating to a number of policies/handbooks, the number of employees per area, the number of members with disabilities per area, disability impact assessments per area and various questions in two requests made on the same day. TfL aggregated the requests and refused to provide the requested information citing section 12(1) FOIA – the cost of compliance exceeds the appropriate limit. It did not accept that several parts of the request fell under the FOIA. The Commissioner’s decision is that TfL has appropriately cited section 12. She has also concluded that TfL has not breached section 16 FOIA because it provided advice and assistance to the complainant. The Commissioner does not require the public authority to take any further steps.
Exemptions cited: FOI 12(1); FOI 16
View Transport for London
12 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the total sums of money paid by the BBC to Facebook since the BBC started its Facebook page. The BBC responded to the complainant saying that the requested information was covered by the derogation and hence excluded from the FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of journalism, art or literature and so was not covered by the FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0291 withdrawn.
Exemptions cited: FOI 1
View BBC
12 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from St Helens Council about a heritage trail. St Helens Council has failed to respond to this request. The Commissioner requires St Helens Council to provide the complainant with a response to this request in accordance with its obligations under FOIA. St Helens Council must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View St Helens Council
12 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
1.The complainant requested information from the Home Office about 14 complaints made regarding staff behaviour, investigated by Serco. By the date of this notice the Home Office has not issued a substantive response to this request.
2. The Commissioner’s decision is that the Home Office has breached section 10(1) of the FOIA, in that it failed to provide a valid response to the request within the statutory time frame of 20 working days.
3. The Commissioner requires the Home Office to take the following step to ensure compliance with the legislation.• the Home Office must provide a substantive response to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View Home Office
12 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested a copy of documents which Luton Borough Council (the Council) provided to maintained schools during the national lockdown in January 2021.
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, in accordance with its obligations 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
View Luton Borough Council
12 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from the London Borough of Enfield (“the Council”) information relating to Bowes Low Traffic Neighbourhood (LTN).
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 Enfield Council
12 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from City of Bradford Metropolitan District Council (“the Council”) about a permanent mortuary. The Council stated that because the information was held only on behalf of the coroner, it was not held for the purposes of the FOIA. The Commissioner’s decision is that the information is not held by the Council for the purposes of the FOIA, since it is held only on behalf of the Coroner. She does not require the Council to take any steps.
Exemptions cited: FOI 3
View City of Bradford Metropolitan District Council
12 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Ministry of Defence about contracts with a specified company. The Ministry of Defence has failed to respond to this request. The Commissioner requires the Ministry of Defence to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Ministry of Defence must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View Ministry of Defence
12 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from the NHS Commissioning Board (“NHS England”) information relating to the cost associated with providing additional healthcare resources from the private sector during the COVID-19 pandemic. 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
11 Aug 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about bike trails in Rowberrow Warren woodland. Forestry England, an Agency of the Forestry Commission, relied on regulation 6(1)(b) (form and format of information) in respect of two parts of the request because it considered this information was already accessible to the complainant. Forestry England relied on regulation 12(4)(a)(information not held) with regard to the remaining three parts of the request. The Commissioner’s decision is as follows: Forestry England is entitled to rely on regulation 6(1)(b) in respect of part 5 of the request as the relevant information it holds is easily accessible to the complainant in another form or format. Regulation 12(4)(a) of the EIR is engaged with respect to parts 1, 2, 3 and 4 of the request as the Commissioner finds that, on the balance of probabilities, Forestry England does not hold the requested information. The Commissioner does not require Forestry England to take any remedial steps. Informat
Exemptions cited: EIR 12(4)(a); EIR 6
View Forestry Commission
11 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Surrey Police information in relation to landlord/tenant disputes. Surrey Police relied on section 12(1) of the FOIA to refuse to comply with the complainant’s request as it considered the cost of doing so would exceed the appropriate limit.
The Commissioner’s decision is that Surrey Police has correctly cited section 12(1) FOIA in response to the request.
The Commissioner does not require Surrey Police to take any steps as a result of this decision notice.
Exemptions cited: FOI 12(1); FOI 16
View Surrey Police
10 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested Highways England (HE) to disclose the number of emails or communications between certain emails addresses and any HE email address for the 2018/19 financial year. HE refused to comply with the request citing section 14(1) of the FOIA.
The Commissioner’s decision is that HE is entitled to refuse to comply with the request in accordance with section 14(1) of the FOIA. Information Tribunal appeal EA/2021/0243 appeal struck out.
Exemptions cited: FOI 14(1)
View National Highways
10 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the calculation of Harrow Council’s legal costs arising out of a matter before the Magistrates Court. Harrow Council relies on section 14, asserting that the request is vexatious, not to comply with the complainant’s requests for information. The Commissioner’s decision is that Harrow Council correctly relied on section 14 not to provide the complainant with the information she had requested. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.
Exemptions cited: FOI 14
View Harrow Council
10 Aug 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a copy of the security review that the BBC conducted following the stabbing of a performer at a Radio 1Xtra Live event. The incident occurred at Arena Birmingham on 5 October 2019. The BBC withheld this information under section 31 (law enforcement) of the FOIA. The Commissioner’s decision is that section 31 does not apply to all the information which the BBC is withholding. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation:
• To disclose the information which does not engage the exemption provided by section 31. This information is identified in a confidential annex which has been provided solely to the BBC.
Exemptions cited: FOI 31
View BBC
9 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about Covid vaccination appointments and vaccine doses that may have been disposed of.
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.
Exemptions cited: FOI 10
View NHS England
9 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has submitted a question about the application of the Hare Psychopathy Checklist-Revised. Devon Partnership NHS Trust (‘the Trust’) provided an answer to the question and the complainant is not satisfied with that response. The Commissioner’s decision is as follows: On the balance of probabilities, the Trust holds no recorded information within scope of the complainant’s request and has complied with section 1(1) of the FOIA. The Commissioner does not require the Trust to take any remedial steps.
Exemptions cited: FOI 1
View Devon Partnership NHS Trust
9 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant asked the public authority whether there was a statutory obligation on all public bodies to report tax evasion to the public authority. The public authority advised the complainant that it did not hold recorded information matching the request.
The Commissioner concluded that on the balance of probabilities, the information requested by the complainant was not held by the public authority. Information Tribunal appeal EA/2021/0138 appeal withdrawn.
Exemptions cited: FOI 1
9 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the public authority to disclose the reason given by Scott Benton MP for the cancellation of his visit on 25 September 2020. The public authority refused to disclose the requested information in accordance with section 40 of the FOIA. The Commissioner’s decision is that the public authority is entitled to refuse to disclose the requested information in accordance with section 40 of the FOIA. She therefore does not require any further action to be taken.
Exemptions cited: FOI 40
9 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Huntingdonshire District Council (“the Council”) information relating to any formal complaints made by the previous owners of their property, regarding a neighbours bonfires. The Council withheld the requested information under section 40(2) of the FOIA.
The Commissioner’s decision is that any information the Council did hold would be that of third parties. However, she considers that the Council should have relied on section 40(5) of the FOIA and should not have confirmed or denied holding information. The Commissioner does not require the Council to take any further steps.
Exemptions cited: FOI 40(5)
View Huntingdonshire District Council
6 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about training in the Hare Psychopathy Checklist - Revised. Devon Partnership NHS Trust (‘the Trust’) is relying on section 12(1) of the FOIA to refuse to comply with the request as it says the cost of doing so would exceed the appropriate limit. The Commissioner’s decision is as follows: The Trust is entitled to rely on section 12(1) of the FOIA to refuse to comply with the complainant’s request. It would not be possible to refine the request meaningfully in order to bring complying with it within the cost limit. Therefore there was no breach of section 16(1) (advice and assistance). The Commissioner does not require the Trust to take any remedial steps.
Exemptions cited: FOI 12; FOI 16
View Devon Partnership NHS Trust
6 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about the BBC Director General’s professional schedule and meetings during a specified period of time. Despite the intervention of the Commissioner, the British Broadcasting Corporation (the BBC) has not provided a response to the request in accordance with the FOIA. The Commissioner’s decision is that the BBC has failed to respond to the complainant’s request within 20 working days of receipt and has therefore breached section 10(1) of the FOIA. The Commissioner requires the BBC to provide the complainant with a response to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View BBC
6 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from NHS England about a project for community-based National FGM Support Clinics and their funding.
The Commissioner’s decision is that 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 to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View NHS England
6 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information held by Liverpool City Council relating to work carried out on the Strand Street (A5036) site.
The Commissioner’s decision is that Liverpool City Council (“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
View Liverpool City Council
6 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information held by Leeds City Council in relation to communications between Leeds City Council and Ward Councillors relating to Ledston Parish Council.
The Commissioner’s decision is that Leeds City Council (“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
View Leeds City Council
6 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from NHS England about the numbers of Covid-19 vaccines delivered by type (Astra Zeneca, Pfizer, Moderna) and by ethnicity between 1 December 2020 and 1 March 2021.
The Commissioner’s decision is that 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 to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View NHS England
5 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the St Bernard's Catholic Grammar School (“the School”) about raw 11+ test marks. By the date of this notice the School had failed to provide a substantive response to this request. The Commissioner’s decision is that the School has breached section 10(1) of the 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 School to respond to the complainant’s request in accordance with the FOIA. The School must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View ST CHAD'S CATHOLIC PRIMARY SCHOOL
5 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Langley Grammar School (“the School”) about raw 11+ test marks. By the date of this notice the School had failed to provide a substantive response to this request. The Commissioner’s decision is that the School has breached section 10(1) of the 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 School to respond to the complainant’s request in accordance with the FOIA. The School must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View LANGLEY GRAMMAR SCHOOL
5 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant asked the Financial Ombudsman Service (FOS) if a complainant had accepted or rejected a decision the FOS made. The FOS refused to provide the requested information under section 31(1)(c) of the FOIA. The Commissioner’s decision is that the information requested is exempt from disclosure under section 31(1)(c) and the public interest favours maintaining the exemption. The Commissioner does not require any steps to be taken as a result of this decision notice.
Exemptions cited: FOI 31(1)(c)
5 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant submitted a two part request for information to NHS Commissioning Board (NHS England) in relation to a framework agreement. By the date of this notice, NHS England had failed to provide a substantive response.
The Commissioner’s decision is that NHS England failed to respond to the request within 20 working days and has, therefore, breached section 10 of FOIA.
The Commissioner requires NHS England to take issue a substantive response, under 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 FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View NHS England
5 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the Hare Psychopathy Checklist-Revised. They are not satisfied with the response Devon Partnership NHS Trust (‘the Trust’) gave to three parts of the request. The Trust considers it has provided the complainant with all the relevant information it holds. The Commissioner’s decision is as follows: On the balance of probabilities the Trust holds no further recorded information within scope of parts 4, 5 and 7 of the complainant’s request and has complied with section 1(1) of the FOIA. The Commissioner does not require the Trust to take any remedial steps.
Exemptions cited: FOI 1
View Devon Partnership NHS Trust
5 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested statistical information relating to the adjustments made to A-level grades in 2020, based on what is known as ‘the algorithm’. The Commissioner’s decision is that Ofqual has properly engaged section 36(2)(c) (prejudice to the effective conduct of public affairs) of the FOIA but that the public interest lies in disclosure, rather than maintaining the exemption. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information. Information Tribunal appeal EA/2021/0234 under appeal.
Exemptions cited: FOI 36(2)(c)
View Ofqual
5 Aug 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information relating to the future direction of renewable energy. The Department for Infrastructure (DfI) confirmed it held the requested report but refused to provide it, citing regulation 12(4)(d) (material in the course of completion) of the EIR. The Commissioner’s decision is that DfI correctly applied regulation 12(4)(d) of the EIR to the withheld information and that the public interest favours maintaining the exception. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: EIR 12(4)(d)
View Department for Infrastructure (Northern Ireland)
5 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Herschel Grammar School (“the School”) about raw 11+ test marks. By the date of this notice the School had failed to provide a substantive response to this request. The Commissioner’s decision is that the School has breached section 10(1) of the 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 School to respond to the complainant’s request in accordance with the FOIA. The School must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View ENFIELD GRAMMAR SCHOOL
4 Aug 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Health and Safety Executive (“the HSE”) relating to the number of HSE “spot checks” undertakenduring the period April 2020 to the end of March 2021. By the date of this notice, the HSE had not provided a substantive response to the request.
The Commissioner’s decision is that the HSE has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
The Commissioner requires the HSE to take the following steps to ensure compliance with the legislation.
• The HSE must issue a substantive response to the request in accordance with its obligations under the FOIA.
The HSE 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 Health and Safety Executive
4 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Bicester Town Council a list of the delegated powers held by the Chief Officer, along with the basis of those powers. The Council denied that the requested information was held. The Commissioner’s decision is that the Council does not hold the requested information. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 1
3 Aug 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to an online Book of Condolence opened by Ards and North Down Borough Council (the ‘Council’) following the death of George Floyd. The Council said it did not hold some of the requested information and refused to provide the remainder, citing section 36, the FOIA exemption for prejudice to effective conduct of affairs. Specifically, it cited 36(2)(b)(ii) for one part of the request and 36(2)(c) for the remaining part. The complainant was only concerned with the Council’s reliance on section 36. The Commissioner’s decision is that sections 36(2)(b)(ii) and 36(2)(c) are engaged and she finds that the public interest favours non-disclosure of the requested information. The Commissioner does not require the Council to take any steps to ensure compliance with the legislation.
Exemptions cited: FOI 36