23 Jul 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested copies of plans of the sewers and mains for a particular location. Welsh Water informed the complainant that it could make the information available subject to a charge of £9.00 in accordance with regulation 8 of the EIR. The Commissioner has investigated and finds that the charge of £9 is reasonable and in accordance with regulation 8. The Commissioner does not require any steps to be taken. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0219 appeal allowed.
Exemptions cited: EIR 8
View Dŵr Cymru (Welsh Water)
23 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Parliamentary and Health Services Ombudsman (“the PHSO”) about the number of complaint forms that had been signed by a particular Member of Parliament.
The Commissioner’s decision is that the PHSO failed to respond to the request within 20 working days and therefore breached section 10(1) of the FOIA.
As the request has since been responded to, the Commissioner does not require the PHSO to take any further steps in relation to this complaint.
Exemptions cited: FOI 10
View The Parliamentary and Health Service Ombudsman
22 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from Durham Constabulary information about its investigation into Dominic Cummings’ trip to Durham to self isolate, in March 2020. Durham Constabulary disclosed some information but withheld the investigation report, citing the non-disclosure exemptions at sections 30(1)(a)(i) (Investigations and proceedings) and 40(2) (Personal information) of the FOIA. The Commissioner’s decision is that Durham Constabulary was entitled to rely on section 30(1)(a)(i) to withhold the investigation report.
Exemptions cited: FOI 30
View Durham Constabulary
22 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested minutes of Board of Governors’ meetings over a specified time period from Ballyclare Secondary School (“the School”). The School did not provide these within the timescale as set out in section 10(1) of the FOIA and to date some of the requested information has still not been provided. The Commissioner’s decision is that the School has breached sections 1 and 10 of the FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
• To provide the complainant with the outstanding requested information as specified in the Annex to this notice.
The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 1; FOI 10
21 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested the qualifications of the legal advisor who (he believed) had advised the caseworker dealing with a previous complaint he had made. The Parliamentary and Health Services Ombudsman denied holding any information within the scope of the request. The Commissioner’s decision is that if the PHSO held any information related to the request it would be the complainant’s own personal data. 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. As the PHSO failed to issue its response within 20 working days it also breached section 17(1) of the FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 40(5)(a)
View The Parliamentary and Health Service Ombudsman
21 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a breakdown of the number of child maintenance cases in which a specific scenario has occurred. The Commissioner’s decision is that DWP is entitled to rely on section 12(2) of the Act to refuse to comply with the request. The Commissioner finds, however, that DWP breached section 17(5) of the Act as it failed to provide its section 12 refusal notice within the statutory time frame. The Commissioner does not require DWP to take any steps. Information Tribunal appeal EA/2021/0190-0191-0192 under appeal.
Exemptions cited: FOI 12; FOI 16; FOI 17
View Department for Work and Pensions
21 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to expenditure for the pathology department for the financial years 2017-18, 2018-19 and 2019-2020. The Commissioner’s decision is that the Trust has failed to demonstrate why section 43(2) (commercial interests) of the FOIA is engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the withheld information.
Exemptions cited: FOI 43(2)
View King's College Hospital NHS Foundation Trust
20 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from London Borough of Croydon (“the Council”) about pre-planning application meeting reports for a proposed development.
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.
Exemptions cited: FOI 10
View London Borough of Croydon
20 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a breakdown of the number of child maintenance cases in which a specific scenario occurred. The Commissioner’s decision is that the Department for Work and Pensions (DWP) is entitled to rely on section 12(2) to refuse to confirm or deny whether it holds the requested information as to do so would exceed the appropriate limit. The Commissioner finds, however, that DWP has breached section 17(5) of the Act as it did not issue its section 12 refusal notice within the statutory timeframe of 20 working days. The Commissioner does not require DWP to take any steps in relation to this request.
Exemptions cited: FOI 12; FOI 17
View Department for Work and Pensions
20 Jul 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested communications between HRH the Prince of Wales and John Prescott. The Department for Environment, Food and Rural Affairs (Defra) has advised that it does not hold this information. The Commissioner’s decision is as follows: On the balance of probabilities, Defra does not hold the requested information. As such, Defra complied with its duty under regulation 5(1) of the EIR by virtue of the exception at regulation 12(4)(a) (information not held). The Commissioner does not require Defra to take any remedial steps.
Exemptions cited: EIR 12(4)(a)
20 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a breakdown of the number of child maintenance cases in which a specific scenario occurred. The Commissioner’s decision is that DWP is entitled to rely on section 12(2) to refuse to confirm or deny whether it holds the requested information as to do so would exceed the appropriate limit. The Commissioner finds, however, that DWP has breached section 17(5) of the Act as it did not issue its refusal notice within the statutory timeframe of 20 working days. The Commissioner does not require DWP to take any steps in relation to this request.
Exemptions cited: FOI 12; FOI 17
View Department for Work and Pensions
20 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a breakdown of the number of child maintenance cases in which a specific scenario has occurred. The Commissioner’s decision is that DWP is entitled to rely on section 12(2) of the Act to refuse to comply with the request. The Commissioner finds, however, that DWP breached section 17(5) of the Act as it failed to provide its section 12 refusal notice within the statutory time frame. The Commissioner does not require DWP to take any steps.
Exemptions cited: FOI 12; FOI 16; FOI 17
View Department for Work and Pensions
20 Jul 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information relating to Mote Park Adventure Zone. Maidstone Borough Council initially withheld some information under the exemption for commercial interests – section 43(2) of the FOIA. During the Commissioner’s investigation the council reconsidered the request under the EIR, disclosing some information and withholding other information under the exception for commercial confidentiality – regulation 12(5)(e). The Commissioner’s decision is that Maidstone Borough Council (the “council”) breached regulation 5(1) and regulation 14 and that it failed to demonstrate that the exception in regulation 12(5)(e) is engaged. The Commissioner requires the public authority to disclose the information in parts 2-5 of the request.
Exemptions cited: EIR 12(5)(e); EIR 14; EIR 5(1)
View Maidstone Borough Council
20 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to a potential Trading Standards investigation. In relation to parts 1-6 of the request Kent County Council refused to confirm or deny whether the information was held, relying on section 44(2) of the FOIA (the exemption from disclosure for any information whose disclosure would be otherwise prohibited by another piece of legislation). In relation to part 7 of the request, it directed the complainant to information on its website. The Commissioner’s decision is that Kent County Council correctly applied section 44(2) to parts 1-6 of the request and that its response to part 7 of the request complied with section 1(1). The Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2021/0221 appeal struck out.
Exemptions cited: FOI 1(1); FOI 44
View Kent County Council
20 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a breakdown of the number of child maintenance cases in which a specific scenario occurred. The Commissioner’s decision is that the Department for Work and Pensions (DWP) is entitled to rely on section 12(2) to refuse to confirm or deny whether it holds the requested information as to do so would exceed the appropriate limit. The Commissioner find, however, that DWP has breached section 17(5) of the Act as it did not issue its section 12 refusal notice within the statutory timeframe of 20 working days. The Commissioner does not require DWP to take any steps in relation to this request. Information Tribunal appeal EA/2021/0190-0191-0192 under appeal.
Exemptions cited: FOI 12; FOI 16; FOI 17
View Department for Work and Pensions
20 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information on 12 November 2019 relating to the Pay Consistency Panel at the ICO. The ICO provided information in response to the request to the complainant’s satisfaction on 6 July 2021. The ICO therefore failed to respond to this request fully within the statutory time for compliance. The Commissioner considers that the ICO has breached section 10(1) FOIA in the handling of this request. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 10
View Information Commissioner
19 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a breakdown of the number of child maintenance cases in which a specific scenario has occurred. The Commissioner’s decision is that DWP is entitled to rely on section 12(2) of the Act to refuse to comply with the request. The Commissioner finds, however, that DWP breached section 17(5) of the Act as it failed to provide its section 12 refusal notice within the statutory time frame. The Commissioner does not require DWP to take any steps.
Exemptions cited: FOI 12; FOI 16; FOI 17
View Department for Work and Pensions
19 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a breakdown of the number of child maintenance cases in which a specific scenario occurred. The Commissioner’s decision is that the Department for Work and Pensions (DWP) is entitled to rely on section 12(2) to refuse to confirm or deny whether it holds the requested information as to do so would exceed the appropriate limit. The Commissioner finds, however, that DWP has breached section 17(5) of the Act as it did no issue its section 12 refusal notice within the statutory timeframe of 20 working days. The Commissioner does not require DWP to take any steps in relation to this request. Information Tribunal appeal EA/2021/0190-0191-0192 appeal struck out.
Exemptions cited: FOI 12; FOI 17
View Department for Work and Pensions
19 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested documents produced during Exercise Cygnus. The Cabinet Office relied upon section 35 (development of government policy) and section 24 (national security) to withhold the information. The Commissioner’s decision is that sections 35(1)(a) and 35(1)(b) of the FOIA are engaged in respect of this information and that the balance of the public interest favours maintaining the exemption. As the Cabinet Office failed to issue a refusal notice, setting out all the exemptions on which it wished to rely, within 20 working days, it also breached section 17 of the FOIA. The Commissioner does not require further steps to be taken.
Exemptions cited: FOI 17; FOI 35
View Cabinet Office
19 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Warwick District Council information relating to the cancellation of Penalty Charge Notices. The Council disclosed held information that it considered fell within the parameters of the request, and stated that some of the requested information, whilst possibly held on behalf of another person, would not be held by the Council for the purposes of the FOIA. The Commissioner’s decision is that the Council disclosed all held information. In respect of that information which the Council claims may be held on behalf of another person, the Commissioner is satisfied that, whilst such information may be physically held by the Council, it is not held for the purposes of the FOIA. The Commissioner does not require the Council to take any steps to ensure compliance with the legislation.
Exemptions cited: FOI 1; FOI 3
View Warwick District Council
19 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Ministry of Defence (“MOD”) relating to the joint service manual of the law of armed conflict (JSP 398). By the date of this notice the MOD had not provided a substantive response to the request.
The Commissioner’s decision is that the MOD has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
The Commissioner requires the MOD 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 MOD 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 Ministry of Defence
19 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of the written statement provided by Ian Paterson to the Inquiry into his malpractice. The Commissioner’s decision is that the Department of Health and Social Care (DHSC) is entitled to rely upon section 41(1) (information provided in confidence) as its basis for refusing to disclose the requested information. The Commissioner does not require the DHSC to take any steps to ensure compliance with the legislation.
Exemptions cited: FOI 41(1)
View Department of Health and Social Care
16 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Nursing and Midwifery Council (“the NMC”), in relation to a redacted information on a report. The Commissioner’s decision is that the NMC has appropriately applied the exemption at section 40(2) of the FOIA, to withhold the requested information. The Commissioner does not require the public authority to take any steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0240 appeal dismissed.
Exemptions cited: FOI 40(2)
View NMC
16 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Witherley Parish Council (“the Council”) about the minutes of three of its Housing Group meetings.
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.
Exemptions cited: FOI 10
16 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested the complete university records for the Manchester Arena attacker, including any communications with third parties. The University withheld the majority of the information under section 32(2) as it was held only by virtue of it being part of an inquiry and withheld the remaining information under section 36(2)(c). The Commissioner’s decision is that the University has correctly withheld the information in documents 1 – 37 on the basis of section 32(2). The information in documents 38 – 50 does engage the section 36(2)(c) exemption but the public interest favours disclosure. The Commissioner requires the public authority disclose the information in documents 38 – 50 subject to any redactions under section 40(2) for personal data.
Exemptions cited: FOI 32; FOI 36
View The University of Salford
16 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Brighton and Hove City Council (“the Council”) relating to a “Trans Inclusion Toolkit”. By the date of this notice, the Council had not issued a substantive response to the request.
The Commissioner’s decision is that the Council has failed complete its deliberations on the balance of the public interest within a reasonable time and has therefore breached section 17(3) of the FOIA.
The Commissioner requires the Council to take the following steps 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.
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
Exemptions cited: FOI 17(3)
View Brighton and Hove City Council
15 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has made a six part request for information to Oxford Health NHS Foundation Trust (the Trust). This request includes information relating to contracts, correspondence and monies paid by the Trust in relation to its clinical psychology doctorate. The Trust refused to comply with the request under section 14(1) (vexatious requests) of the FOIA, as it considered the request to be vexatious. The Commissioner’s decision is that the Trust was entitled to rely upon section 14(1). The Commissioner does not require any further steps to be taken.
Exemptions cited: FOI 14
View Oxford Health NHS Foundation Trust
15 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of Internal Audit Report of Raw Drinking Milk completed by the Food Standards Agency (FSA). The Commissioner’s decision is that the FSA is entitled to rely upon section 36(2)(b)(i) (prejudice to effective conduct of public affairs) as a basis for refusing to disclose the requested information. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 36
View Food Standards Agency
15 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested copies of problem profile assessments related to child sexual exploitation from Staffordshire Police (SP). Having initially cited section 14 (Vexatious or repeated requests) to refuse to respond with the request, SP subsequently advised that to comply with it would exceed the appropriate limit at section 12 (Cost of compliance exceeds appropriate limit) of the FOIA. The Commissioner’s decision is that SP was entitled to refuse to comply with the request on the basis of section 12(1) and that there was no breach of section 16 (1) (Advice and assistance)of the FOIA. No steps are required.
Exemptions cited: FOI 12; FOI 16
View Staffordshire Police
15 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested details regarding a press statement from the Metropolitan Police Service (the “MPS”). The MPS advised that to ascertain whether or not all of the requested information is held would exceed the appropriate limit at section 12(2) of the FOIA. The Commissioner’s decision is that it was entitled to cite the appropriate limit. She also finds that adequate advice and assistance was provided. No steps are required.
Exemptions cited: FOI 12; FOI 16
View Metropolitan Police Service
15 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has submitted 78 requests for information to Townley Grammar School (‘the School’). The School is relying on section 12(1) of the FOIA to refuse to comply with the requests as it considers the cost of doing so would exceed the appropriate limit. The Commissioner’s decision is as follows: Under section 12(4) of the FOIA the School is entitled to aggregate the cost of complying with the requests and to rely on section 12(1) of the FOIA to refuse to comply with them. The School offered the complainant appropriate advice and assistance as to how the requests might be refined and, as such, there was no breach of section 16(1) of the FOIA in the School’s handling of the requests. The Commissioner does not require the School to take any remedial steps.
Exemptions cited: FOI 12; FOI 16
View TOWNLEY GRAMMAR SCHOOL TRUST
15 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a triage protocol procedure document from Betsi Cadwaladwr University Health Board. The Health Board provided some information but informed the complainant that it could not provide the actual document he requested as it is not held in hard copy format. The Commissioner’s decision is that Betsi Cadwaladwr University Health Board, does not hold the requested document in hard copy format and has therefore complied with the requirements of section 1(a) (General right of access to information held) of the FOIA. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 1
View Betsi Cadwaladr University Health Board
14 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested the number of messages sent to the Child Maintenance Service (CMS) via its online portal and a breakdown of the time taken to respond. The Commissioner’s decision is that the Department for Work and Pensions (DWP) is entitled to rely on section 12(1) to refuse to comply with the request as to do so would exceed the appropriate limit and it has fulfilled its obligations under section 16. The Commissioner finds, however, that DWP has breached section 17(5) of the Act as it did not issue its section 12 refusal notice within the statutory timeframe of 20 working days. The Commissioner does not require DWP to take any steps in relation to this request.
Exemptions cited: FOI 12; FOI 16; FOI 17
View Department for Work and Pensions
14 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of the student loan records of a deceased named individual held by Student Loans Company Limited (SLC). SLC relied on sections 21, 31 and 40(2) of the FOIA to withhold the information. The Commissioner’s decision is that SLC was entitled to rely on section 21 of the FOIA to withhold the information relating to the deceased individual’s date of birth, address, place/course/year(s) of study, parents’ names, names of sibling(s), amounts/dates of some student loan payments and bank details. She has also decided that the remaining withheld information engages the exemption under section 31(1)(c) of the FOIA, and that the public interest favours maintaining the exemption. She is therefore satisfied that SLC is entitled to withhold this information. The Commissioner does not require any further steps to be taken as a result of this decision notice.
Exemptions cited: FOI 21; FOI 31
View Student Loans Company
14 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested the number of messages received onto the Child Maintenance system and a breakdown of how long it took to respond. The Commissioner’s decision is that the Department for Work and Pensions (DWP) is entitled to rely on section 12(1) to refuse to comply with the request as to do so would exceed the appropriate limit and it has complied with its obligations under section 16. The Commissioner finds, however, that DWP has breached section 17(5) of the Act as it did not issue its section 12 refusal notice within the statutory timeframe of 20 working days. The Commissioner does not require DWP to take any steps in relation to this request.
Exemptions cited: FOI 12; FOI 16; FOI 17
View Department for Work and Pensions
14 Jul 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information about the collapse of a dormice bridge on a particular road in February 2016. Rhondda Cynon Taf County Borough Council (the Council) withheld the information requested under section 43 of the FOIA. During the Commissioner’s investigation, the Council reconsidered the request under the EIR and sought to rely on regulation 12(5)(b) to withhold the information requested. The Commissioner’s decision is that the Council has correctly applied regulation 12(5)(b) to the withheld information. The Commissioner also identified third party personal data within the withheld information which she has determined is exempt under regulation 13 of the EIR. The Commissioner does not require any steps to be taken.
Exemptions cited: EIR 12(5)(b); EIR 13
View Rhondda Cynon Taf County Borough Council
14 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about instructions Government Legal Department (GLD) was given in respect of specific legal proceedings. GLD provided some information within the scope of the request but refused to provide the remainder, citing section 42(1) (legal professional privilege) of the FOIA. The Commissioner’s decision is that GLD correctly applied section 42(1) of the FOIA to the withheld information. The Commissioner requires no steps to be taken as a result of this decision. Information Tribunal appeal EA/2021/0199 appeal dismissed.
Exemptions cited: FOI 42
View Government Legal Department
14 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested all information concerning the driving licence of a deceased named individual. The Driver and Vehicle Licensing Agency (DVLA) refused to confirm or deny if any such information was held, relying on section 41(2) of the FOIA (information provided in confidence). The Commissioner’s decision is that the DVLA is entitled to rely on the exemption from the duty to confirm or deny if information is held under section 41(2) of the FOIA, and that the inherent public interest test within the duty of confidentiality favours protecting the confidence. However, the Commissioner has recorded a procedural breach of section 10 of the FOIA as the DVLA failed to respond to the complainant’s request within the statutory time limit. The Information Commissioner does not require any steps to be taken as a result of this decision notice. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0176 Appeal Allowed.
Exemptions cited: FOI 10; FOI 41
View Driver and Vehicle Licensing Agency
14 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested any records concerning a deceased named individual’s university applications. UCAS withheld the requested information under section 36(2)(c) (prejudice to effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that the requested information is exempt from disclosure under section 36(2)(c) of the FOIA and the public interest favours maintaining the exemption. The Information Commissioner does not require any steps to be taken as a result of this decision notice. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0177 Appeal Allowed.
Exemptions cited: FOI 36
14 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information regarding the status of the post designated ‘Mental Health Coordinator’. Staffordshire Police ultimately provided the complainant with information within the scope of the request. The Commissioner’s decision is that, in failing to communicate that information within the statutory time for compliance, Staffordshire Police breached section 10(1) (time for compliance) of the FOIA. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 10
View Staffordshire Police
14 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
On behalf of the NASUWT, the complainant has requested an Equality Impact Assessment associated with the Department for Education’s response to the coronavirus pandemic, specifically the re-opening of schools in 2020. The Department for Education (DfE) withheld the relevant information it holds under section 35(1)(a) of the FOIA (formulation or development of government policy) and advised it considered the public interest favoured maintaining this exemption. The Commissioner’s decision is as follows: At the time of the request, DfE was entitled to withhold the requested information under section 35(1)(a) of the FOIA and the public interest favoured maintaining this exemption. The Commissioner does not require DfE to take any remedial steps. Information Tribunal appeal EA/2021/0215 appeal withdrawn.
Exemptions cited: FOI 35
View Department for Education
13 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested copies of training material on unconscious bias. The Council of Imperial College provided some information but withheld the remainder and relied on section 43(2) of the FOIA (commercial interests) to do so. The Commissioner’s decision is that Imperial College has correctly applied section 43(2) of the FOIA to 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
13 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested from Wellspring Academy Trust (‘the Trust’) the salaries, and details of expenses claimed, of the Vice-Principles and Principles within the Trust. The Trust refused to provide the requested information, citing section 40 (personal information) of the FOIA as its basis for doing so. The Commissioner’s decision is that the Trust is entitled to rely on section 40 as its basis for refusing to disclose individual salary information. However, the Commissioner notes that not all of the information contained within the mileage and expenses forms in question constitutes personal information. Therefore the Commissioner has found the Trust in breach of section 1(1)(b) (general right of access to information held by public bodies) and section 10 (time for compliance with the request) of the FOIA. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation: Disclose a redacted copy of the mileage and expenses forms.
Exemptions cited: FOI 1; FOI 10; FOI 40
View WELLSPRING ACADEMY TRUST
12 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about the religious/political affiliations of staff at 11 ambulance stations. Northern Ireland Ambulance Service Health and Social Care Trust (NIAS) refused to disclose the information, citing the exemption at section 40(2) (Personal information) of the FOIA. It argued that the number of post holders covered by the request was sufficiently low to enable individuals to be identified. The Commissioner’s decision is that section 40(2) was applied correctly. However, she found NIAS breached section 10 of the FOIA by exceeding the statutory time for compliance when responding to the request.
Exemptions cited: FOI 1; FOI 10; FOI 43
View Northern Ireland Ombudsman
12 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from The Pensions Ombudsman about a determination. The complainant was unhappy with the response they received and requested an internal review. The Pensions Ombudsman failed to respond to this request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View The Pensions Ombudsman
12 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested from the Metropolitan Police Service (the “MPS”) details of officer misconduct hearings which have been published on the force’s website and removed after 28 days. The MPS refused to disclose the requested information finding that it was exempt by virtue of section 40(2) (Personal information) of the FOIA. The Commissioner’s decision is that the MPS was entitled to withhold some of the information. However, she also finds that some of the outcomes can be suitably redacted to prevent identification of the officers concerned. The Commissioner requires the MPS to take the following steps to ensure compliance with the legislation: disclose the information identified in the confidential annex served with this notice. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0214 appeal allowed.
Exemptions cited: FOI 40
View Metropolitan Police Service
12 Jul 2021Complaint partially upheldFreedom of Information Act 2000
The complainant requested information about the contract management review of the schools PFI project. Caerphilly County Borough Council (the Council) disclosed some information but withheld other information under sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c). The Commissioner’s decision is that the Council has correctly apply 36(2)(b)(i) and 36(2)(b)(ii) to the withheld information. However, the Commissioner has found that the Council breached section 17(1) of the FOIA. She does not require any steps to be taken.
Exemptions cited: FOI 17; FOI 36
View Caerphilly County Borough Council
12 Jul 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
On behalf of another individual, the complainant – a firm of solicitors - has requested information about undergraduate admissions from Imperial College London (‘ICL’). ICL released some information and advised that some information is not held in an easily extractable format. ICL withheld the remaining information under section 36(2)(c) of the FOIA (prejudice to effective conduct of public affairs) and considers the public interest favours maintaining the exemption. The Commissioner’s decision is as follows: ICL is entitled to withhold the information requested in question 16 of the request under section 36(2)(c) of the FOIA and the public interest favours maintaining this exemption. The Commissioner does not require ICL to take any remedial steps.
Exemptions cited: FOI 36
12 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to an award made by The National Lottery Community Fund (TNLCF) to Mermaids UK. The Commissioner’s decision is that Tavistock and Portman NHS Foundation Trust (the Trust) has failed to issue a response to the request that complies with the requirements of section 1(1) of the FOIA. The Commissioner requires the Trust to issue a fresh response to the request that does not rely on the assertion that the Trust does not hold information within scope of the request because it was not the originator of the information and would not therefore be held for its own purposes. In addition, the Trust has also breached section 10(1) of the FOIA by failing to respond to the request within the required timeframe.
Exemptions cited: FOI 1; FOI 10
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12 Jul 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested details of the number of out of court settlement payments made by the British Broadcasting Corporation (“the BBC”) to its employees and the value of those settlement payments by month, including details of the largest payments since 1 January 2018.
The Commissioner’s decision is that the BBC failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
The Commissioner requires the BBC 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
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