22 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested from West Yorkshire Police (WYP) information about the operation of its Public Protection Units (PPUs). The Commissioner’s decision is that WYP failed to respond to the request within 20 working days, which is a breach of section 1 (General right of access) and section 10(1) (Time for compliance) of the FOIA. As the information has since been disclosed to the complainant, the Commissioner requires no steps
Exemptions cited: FOI 1; FOI 10
View West Yorkshire Police
22 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested policies relating to the placing of patients on the Covid-19 clinically extremely vulnerable list, as well as policies relating to the re-registering of patients to other GPs.
The Commissioner’s decision is that Beacon Medical Group 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.
No steps are required. Information Tribunal appeal EA/2023/0057 appeal struck out. Information Tribunal EA/2021/0144 appeal struck out.
Exemptions cited: FOI 10
21 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from the Department of Health and Social Care (“DHSC”) information relating to a report concerning a vaccination consultation.
The Commissioner’s decision is that DHSC failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
As a response has subsequently been provided no steps are required.
Exemptions cited: FOI 10
View Department of Health and Social Care
21 Jun 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant made 44 information requests over a 10 day period. Rhondda Cynon Taff County Borough Council refused the requests relying on section 14(1) (vexatious request) of the FOIA on the basis that complying with the requests would place a disproportionate burden on its resources. During the course of the Commissioner’s investigation, the Council also cited regulation 12(4)(b) (manifestly unreasonable request) of the EIR to refuse those requests which included environmental information. The Commissioner’s decision is that the Council was entitled to rely on section 14(1) of the FOIA and regulation 12(4)(b) EIR to refuse the requests.
Exemptions cited: EIR 12(4)(b); FOI 14(1)
View Rhondda Cynon Taf County Borough Council
17 Jun 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to the felling and cutting back of some trees which the council ordered in order to facilitate a temporary bus route. The council disclosed some information however it withheld other information on the basis that Regulation 13 applied (personal data of a third party). The Commissioner’s decision is that the council was correct to withhold the personal data of the individuals under Regulation 13. She has also decided that, on a balance of probabilities, no further information is held by the council falling within the scope of the complainant's request for information. She has decided, however, that the council did not comply with the requirements of Regulation 5(2) in that it did not disclose all of the information to the complainant within 20 working days of the receipt of the complainant's request for information. The Commissioner does not require the council to take any steps.
Exemptions cited: EIR 13; EIR 5(1); EIR 5(2)
View Isle of Wight Council
17 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Portsmouth Hospitals University NHS Trust about specified meetings. Portsmouth Hospitals University NHS Trust has failed to respond to this request. The Commissioner requires Portsmouth Hospitals University NHS Trust to provide the complainant with a response to this request in accordance with its obligations under the FOIA. Portsmouth Hospitals University NHS Trust must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10(1)
View Portsmouth Hospitals NHS Trust
17 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested copies of two reports relating to Exercise Cygnus. The Department of Health & Social Care relied on section 36 of the FOIA (prejudice to the effective conduct of public affairs) to withhold the requested information. The Commissioner’s decision is that sections 36(2)(b)(i), 36(2)(b)(ii), and 36(2)(c) of the FOIA are engaged in respect of this information. However, the public interest. The Commissioner requires the DHSC to take the following steps to ensure compliance with the legislation: Disclose the two reports. The DHSC may make appropriate redactions to remove the small amount of personal data.
Exemptions cited: FOI 36
View Department of Health and Social Care
17 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Charity Commission relating to a complaint he had made to it about a particular charity. The Charity Commission stated that some of the requested information was the complainant’s personal data and that it would provide him with details of how to make a Subject Access Request (SAR) for this. It refused to disclose the remaining requested information (“the withheld information”), citing sections 31(1)(g) by virtue of section 31(2) (c) and (f) and section 40(2) of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that the Charity Commission has correctly applied section 31 of the FOIA to the withheld information. The Commissioner has not considered the application of section 40(2) as she considers that section 31 is engaged in relation to all of the withheld information. Information Tribunal appeal EA/2021/0183 appeal withdrawn.
Exemptions cited: FOI 31
View The Charity Commission
17 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant submitted a three part request for information to NHS Commissioning Board (NHS England) in relation to a document entitled “Specialised Commissioning Standard Procedure for the Annual Assessment Quality Assurance Process”. 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 the FOIA.
The Commissioner requires NHS England to issue a substantive response, under the FOIA, to the request.
NHS England must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View NHS England
17 Jun 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested Public Health England (PHE) to disclose information relating to the responses to the finding of Exercise Cygnus. The PHE refused to disclose the requested information citing sections 36(2)(b)(i) and (ii) and 30(2)(c) of the FOIA.
The Commissioner’s decision is that the PHE is entitled to refuse to disclose the requested information in accordance with section 36(2)(c) of the FOIA. The Commissioner does not require any further action to be taken.
Exemptions cited: FOI 36(2)(b); FOI 36(2)(c)
View UK Health Security Agency
17 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from Network Rail regarding injuries, fatalities and deaths linked with electrocution. Network Rail disclosed some of the requested information to the complainant, however it withheld the remainder (“the withheld information”), citing sections 38(1)(a) and (b) of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that Network Rail has correctly applied the above exemptions to the withheld information and therefore the Commissioner requires no steps to be taken. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0157 disposed of by consent order.
Exemptions cited: FOI 38
View Network Rail
17 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about a campaign Merseyside Police ran to encourage people to report hate crime. The Commissioner’s decision is that Merseyside Police failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires Merseyside Police to issue a substantive response, under the FOIA, to the request.
Exemptions cited: FOI 10
View Merseyside Police
16 Jun 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested to re-use templates of the council’s Penalty Charge Notice letters, which he initially received from the council in response to an earlier FOI request. The council accepts that it initially disclosed the information to him, however it considers that, in retrospect, it did so in error, and would not disclose that information publicly again. It considers that if the same FOI request were to be received again it would refuse the request under section 31 of the FOI Act (prevention and detection of crime). It therefore refused the request to re-use the information in this case. The Commissioner’s decision is that the council was not correct to refuse the re-use request, however it was able to refuse to permit the re-use of the council’s logo on its webpage as this is excluded from the rights within the RPSI. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To permit the re-use of the requested
Exemptions cited: RPSI 7
View Brighton and Hove City Council
16 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information concerning the findings of a review carried out by external solicitors into the handling of an employment matter by Thanet District Council.
The Council provided the complainant with some of the information requested but withheld some of the information within scope of the request under Section 42 (legal professional privilege) of the Freedom of Information Act 2000 (FOIA).
The Commissioner’s decision is that Thanet District Council correctly applied section 42 to the withheld information and that the balance of the public interest test supports maintaining the exemption. However, the Commissioner has found that the Council breached section 1(1) of the FOIA in that they failed to identify some information within the scope of the request.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation:• Disclose to the complainant the name of the other firm of solicitors instructed and how
Exemptions cited: FOI 42(1)
View Thanet District Council
15 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about the number of reported incidents for a specified rail network and time period. British Transport Police (‘BTP’). BTP advised that to comply with the request would exceed the appropriate limit at section 12 of FOIA. The complainant did not consider that BTP had provided him with adequate advice and assistance about his request, as required under section 16 of FOIA. The Commissioner’s decision is that BTP complied with its duty under section 16 of FOIA. No steps are required.
Exemptions cited: FOI 16
View British Transport Police
15 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Executive Office (EONI) regarding the amount of money provided to SAVIA (Survivors and Victims of Institutional Abuse). The EONI disclosed some of the requested information to the complainant, with personal information redacted as per the provisions of section 40 of the FOIA. It also withheld some information, citing section 30 of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that the EONI has correctly applied the exemptions as set out at sections 30(1)(a) and 40(2) of the FOIA. The Commissioner therefore requires no steps to be taken.
Exemptions cited: FOI 30; FOI 40
15 Jun 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information and ‘site photos’ in relation to property boundaries in a planning application.
The Commissioner’s decision is that London Borough of Croydon (the Council) has failed to respond to the request within 20 working days and has therefore breached Regulation 5(2) of the Environmental Information Regulations (“the EIR”).
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
• Issue a substantive response, under the EIR, to the request.
The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Freedom of Information Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 5(2)
View London Borough of Croydon
15 Jun 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information from Sheffield City Council regarding information in relation to the cancellation of the Castlegate Conservation Area consultation. Sheffield City Council has not provided a substantive response to the complainant’s request. It is the Commissioner’s view that Sheffield City Council has beached regulations 5(2) of the Environmental Information Regulations (“the EIR”) in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. It is also the Commissioner’s view that the request should have been logged and handled under the EIR as opposed to the Freedom of Information Act. The Commissioner requires Sheffield City Council to provide the complainant with a response to their request in accordance with its obligations under the EIR.
Exemptions cited: EIR 5(2)
View Sheffield City Council
15 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested copies of correspondence between the Commissioner of the Metropolitan Police and the Home Secretary between 1 June 2020 and 31 July 2020. The Metropolitan Police Service (MPS) had failed to provide a substantive response by the date of this notice.
The Commissioner’s decision is that the MPS failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
The Commissioner requires the MPS 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 MPS 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 Metropolitan Police Service
15 Jun 2021Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a 16 part request to the London Borough of Waltham seeking information about related to Council properties and the “Right to Buy” scheme. The Council provided some of the information requested, refused to comply with one part of the request based on extensive costs it would incur, relying section 12(1) of FOIA, and withheld the remainder of the information citing section 40(2) of FOIA.
The Commissioner’s decision is that the Council has incorrectly applied section 12(1) of FOIA in relation to part 6 of the request; breached section 16 of FOIA because it failed to fulfil its duty to provide advice and assistance in relation to part 6 of the request; and was entitled to rely on the exemption at section 40(2) FOIA in relation to parts 8-16 of the request.
The Commissioner requires the Council to issue a fresh response to part 6 of the request which does not rely on section 12 of FOIA.
The public authority must take these steps within 35 calendar days
Exemptions cited: FOI 12(1); FOI 16; FOI 40(2)
View Waltham Forest Council
15 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Department of Health and Social Care (‘DHSC’) regarding the Health Secretary’s contacts and communications with a named individual about health related contracts during the pandemic. The Commissioner’s decision is that DHSC failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the DHSC to take the following steps to ensure compliance with the legislation - Issue a substantive response, under the FOIA, to the request. The DHSC must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View Department of Health and Social Care
15 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the NHS Commissioning Board (“NHS England”) relating to the tendering process that resulted in Fit Test training collaboration with Respiratory Protective Assessment Limited. By the date of this notice NHS England had failed to provide a substantive response to this request. The Commissioner’s decision is that NHS England 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 NHS England to respond to the complainant’s request in accordance with the FOIA. NHS England must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View NHS England
15 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from the Home Office, information regarding the citizenship status of a named individual. The Commissioner’s decision is that the Home Office is entitled to rely on section 40(5) of the FOIA, to refuse to confirm or deny that it holds the information. The Commissioner does not require the Home Office to take any further action in this matter.
Exemptions cited: FOI 40(5)(b)
View Home Office
14 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant submitted a request to The Spring Partnership Trust (‘the Trust’) for a copy of their disciplinary policy. The Trust provided this after 20 working days of the request. The Commissioner’s decision is that the Trust failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. As a response has been issued, the Commissioner does not require the trust to take any further steps.
Exemptions cited: FOI 1; FOI 10
View THE SPRING PARTNERSHIP TRUST
14 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a three-part request for information relating to Dominic Cummings’ “lockdown travel to Durham”. The Attorney General’s Office (the ‘AGO’) provided the requested information for part 2 of the request and initially refused to confirm or deny whether the remainder was held, citing section 35(3) of FOIA (formulation of government policy, etc) by virtue of sections 35(1)(a), (c) and (d). During the course of the Commissioner’s investigation, the AGO partly revised its position as set out in the ‘Scope’ section and, ultimately, the interpretation of part 2 of the request came under debate. Based on the broader interpretation of part 2 (as set out later in this notice), the AGO confirmed its position to be that it wished to rely on sections 35(1)(a)(c) and (d) for part 1 of the request, and it wished to cite section 35(3) and neither confirm or deny whether any further information (part 2) or information (part 3) was held in accordance with section 35(3) of FOIA. In relat
Exemptions cited: FOI 35(1); FOI 35(3)
View Attorney General's Office
14 Jun 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested Western Power Distribution (WPD) to disclose information relating to any Wayleave Agreement in place concerning a piece of land. Some information was disclosed but other information was withheld under regulations 12(5)(b) and 13 of the EIR. When the complainant challenged WPD over the extent of the information held, WPD also confirmed that nothing further was held. The Commissioner is satisfied that WPD is entitled to rely of regulation 12(5)(b) and 13 of the EIR for the non disclosure of the remaining withheld information. She is also satisfied that some information is not held and therefore except under regulation 12(4)(a) and that WPD has, on the balance of probabilities, identified and addressed all the recorded information it holds falling within the scope of the complainant’s requests. In terms of procedural matters, the Commissioner has identified breaches of regulations 5(2), 7(1), 7(3) and 11(4). The Commissioner does not require any further actio
Exemptions cited: EIR 11; EIR 12(5)(b); EIR 13; EIR 5(2); EIR 7
14 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on charges for waste collection at particular apartments in the London Borough of Southwark. The London Borough of Southwark (“the Council”) is the freeholder of the building making service charges to leaseholders. The Commissioner’s decision is that on the balance of probabilities the Council does not hold recorded information within the scope of the request, as confirmed by the complainant during the Commissioner’s investigation. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 1
View Southwark Council
14 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to the peer-reviewed study which led to the imposition of compulsory face coverings on public transport. The Commissioner’s decision is that the Department for Transport (DfT) has breached section 10(1) (time for compliance with request) of the FOIA. This is because the DfT failed to confirm to the complainant whether it held the information described within the request within the statutory timeframe of twenty working days following the date of receipt. As the DfT has now confirmed to the complainant that it does not hold the requested information, the Commissioner does not require any further steps to be taken.
Exemptions cited: FOI 10
View Department for Transport
14 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to the mandatory unconscious bias training that is currently offered by the BBC Academy which is an educational arm of the British Broadcasting Corporation (BBC). The Commissioner’s decision is that the BBC has breached section 10(1) (time for compliance with request) of the FOIA. This is because the BBC failed to disclose information in response to this request within the statutory timeframe of twenty working days following the date of receipt. As a response has now been provided, the Commissioner does not require the BBC to take any steps in relation to this decision notice.
Exemptions cited: FOI 10
View BBC
14 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Driver and Vehicle Licensing Agency (“DVLA”) relating to reports conducted by Deloitte. By the date of this notice, the DVLA had not issued a substantive response to the request.
The Commissioner’s decision is that the DVLA 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 DVLA 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 DVLA 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
Exemptions cited: FOI 17(3)
View Driver and Vehicle Licensing Agency
11 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on invitations received by ministers or BEIS managers to attend events sponsored by Shell and BP or any meetings with Shell and BP. The Commissioner’s decision is that BEIS has is entitled to withhold the redacted information in reliance of section 43(2) commercial interests, and although finely balanced, the public interest favours maintaining the exemption. The Commissioner does not require the public authority to take the any steps to ensure compliance with the legislation.
Exemptions cited: FOI 43
View Department for Business and Trade
11 Jun 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested from Causeway Coast & Glens Borough Council (“the Council”) information relating to a planning application reference LA01/2018/0134/F. The Council provided the complainant with some information relating to his request, and confirmed that these are the only minutes that the Planning Department hold. The Council stated that it does not hold any other information (minutes of meetings or a draft report) which relates to the request. The Commissioner’s decision is that on the balance of probabilities, the Council does not hold any further recorded information within the scope of the request. She is therefore satisfied that the Council complied with its duty under regulation 5(1) of the EIR by virtue of the exception at regulation 12(4)(a) (information not held). However, the Commissioner finds that the Council did not comply with its obligation under regulation 5(2) (time limits for compliance) of the EIR as the Council did not provide the additional informatio
Exemptions cited: EIR 11(4); EIR 12(4)(a); EIR 5(1); EIR 5(2)
11 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about a previous request which had been submitted to by a third party. The Commissioner’s decision is that Caerphilly County Borough Council (‘the Council’) failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. However, as the Council has now provided the complainant with a response, the Commissioner does not require any steps to be taken as a result of this decision notice.
Exemptions cited: FOI 10
View Caerphilly County Borough Council
11 Jun 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested a report from the Canal & River Trust (the Trust) similar to Trust 433, Trust 445 and Trust 454, relating to reservoirs. The Trust denied holding the information until after the internal review when it stated that the information was held but refused to provide it, citing regulation 12(4)(e) of the EIR. During the Commissioner’s investigation the Trust also claimed a late reliance on regulation 12(4)(b) and 12(5)(a) of the EIR. The Commissioner first considered the Trust’s application of Regulation 12(4)(b) and decided that this exception is not engaged. She then went on to consider the application of regulation 12(4)(e). The Commissioner has decided that this exception is engaged and that the public interest rests in maintaining this exception. As she decided that regulation 12(4)(e) had been correctly applied, she did not go on to consider regulation 12(5)(a). However, the Trust breached regulation 14 of the EIR when it issued its refusal notice. The
Exemptions cited: EIR 12(4)(b); EIR 12(4)(e); EIR 14
View Canal and River Trust
10 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Department of Health and Social Care (“the DHSC”) about the number of people being tested for Covid-19. The DHSC relied on section 22 of the FOIA – information intended for future publication – to refuse the request. The Commissioner is not satisfied that the DHSC intended to publish the requested information. She therefore finds that section 22 is not engaged, and upholds the complaint. Since the complainant is satisfied that related information has subsequently been published, the Commissioner does not require the DHSC to take any steps.
Exemptions cited: FOI 22
View Department of Health and Social Care
10 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the Alternative Dispute Resolution (‘ADR’) Regulations. The Financial Ombudsman Service (‘FOS’) has refused to disclose the requested information under section 21(1) of the FOIA as it considers the information is already reasonably accessible to the complainant by other means. The Commissioner’s decision is as follows: FOS is entitled to refuse the request under section 21(1) of the FOIA as the information is already reasonably accessible to the complainant; the information is published on FOS’ website and FOS has also provided him with a copy of the information under the ADR Regulations. The Commissioner does not require FOS to take any remedial steps. Information Tribunal appeal EA/2021/0147 Appeal Struck Out.
Exemptions cited: FOI 21
10 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about official fact-finding visits made by the Isle of Anglesey County Council (the Council) to Japan, in connection with the proposed construction of a nuclear power plant. The Council disclosed all the information it said that it held, but the complainant considered that it held more. During the Commissioner’s investigation, the Council located more information, but it did not disclose it to the complainant. The Commissioner’s decision is that the Council holds information falling within the scope of part (3) of the request, which it has not sought to exempt from disclosure and which it has not disclosed. It has therefore breached section 1(1)(b) and section 10 of the FOIA. However, she is satisfied that, on the balance of probabilities the Council does not hold any further information. The Commissioner requires the Council to disclose the following information: the Chief Executive’s email of 6 June 2014; the draft report created prior to the
Exemptions cited: FOI 1; FOI 10
View Isle of Anglesey County Council
10 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the 2017/2018 risk assessment, decommissioning report and safety information relating to a specific vehicle. South East Coast Ambulance Service NHS Foundation Trust (The Trust) confirmed that it does not hold any further information that fell within the scope of this request other than that which has already been disclosed. The Commissioner is satisfied that, on the balance of probabilities, the Trust does not hold any further information that has not been disclosed that falls within the scope of this request for information. The Commissioner does not required the Trust to take any further steps as she is satisfied that this request has been dealt with in line with section 1(1) (General right of access to information held by public authorities) of the FOIA.
Exemptions cited: FOI 1
View South East Coast Ambulance Service NHS Foundation Trust
10 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Brighton and Hove City Council (the Council) regarding contacts between the Council and a third party between January 2019 and the date of the request. The Council had failed to provide a substantive response to the request by the date of this notice.
The Commissioner’s decision is that the Council failed to complete its deliberations on the balance of the public interest within a reasonable time and has therefore breached section 17(3) of the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Issue a substantive response or refusal notice, 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
Exemptions cited: FOI 17(3)
View Brighton and Hove City Council
10 Jun 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested details about the Project Alpha database from the Metropolitan Police Service (the “MPS”). The MPS provided some of the requested information but refused the remainder citing the exemptions at sections 31(1)(a) and (b) (Law enforcement) of the FOIA. The Commissioner’s decision is that section 31(1) is properly engaged and that the public interest lies in maintaining the exemption. No steps are required.
Exemptions cited: FOI 31
View Metropolitan Police Service
9 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information regarding the availability of specialist psychiatric beds for young people with eating disorders. The NHS Commissioning Board (NHS England) acknowledged the request on 23 March 2021 but had failed to provide a substantive response by the date of this notice. 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, in accordance with its obligations under the FOIA, to the request. NHS England must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View NHS England
9 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
1. The complainant requested a copy of a response provided by Sheffield City Council (the Council) to The Local Government and Social Care Ombudsman (LGO) as a result of their investigation into a recent complaint. Sheffield City Council acknowledged the request on 11 February 2021 but had failed to provide a substantive response by the date of this notice.
2. 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.
3. 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.
4. 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 deal
Exemptions cited: FOI 10
View Sheffield City Council
9 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested various information held by Westminster City Council (the Council) regarding a specified property. The Council had failed to provide a substantive response 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, 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 Westminster Council
9 Jun 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information associated with a planning application. Dartmoor National Park Authority (‘DNPA’) has disclosed information it holds that is within scope of the request, but the complainant considers that DNPA holds further relevant information. The Commissioner’s decision is as follows: Other than one letter to the complainant discussed at paragraph 22 of this notice, on the balance of probabilities DNPA does not hold any further information relevant to the request and has complied with regulation 5(1) of the EIR. DNPA’s response did not comply with regulation 5(2) as it was not provided to the complainant within 20 working days of their request. The Commissioner does not require DNPA to take any remedial steps.
Exemptions cited: EIR 5
View Dartmoor National Park Authority
9 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from North Yorkshire County Council (the Council) relating to an Ofsted inspection at Lady Lumley’s School, Pickering in 2019. The Council had failed to provide a substantive response 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, 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 North Yorkshire County Council
9 Jun 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information from the Health and Safety Executive (“HSE”) relating to an investigation concerning an addressed property. The Commissioner’s decision is that the HSE failed to respond to the request within 20 working days and has therefore breached regulation 5(2) of the EIR. The Commissioner requires the HSE to respond to the complainant’s request in accordance with the EIR.
Exemptions cited: EIR 5(2)
View Health and Safety Executive
8 Jun 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information from the Council relating to a certain property address. The Council provided the complainant with some of the requested information, however it stated that it did not hold the remainder.
The Commissioner’s decision is that the Council on the balance of probabilities does not hold the remaining requested information. The Commissioner has also decided that the Council has breached regulation 14(2) of the EIR by not providing a refusal notice within the specified timeframe.
The Commissioner requires no steps to be taken.
Exemptions cited: EIR 14; EIR 5
8 Jun 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested from Carmarthenshire County Council (‘the Council’), information about licensed dog breeders in its area. The Council said that the information was exempt from disclosure under sections 31 (Law enforcement) and 40 (Personal information) of the FOIA. The Commissioner’s decision is that the Council was entitled to rely on section 31(1)(a) to withhold much of the requested information. However, she found that, on balance, the public interest favoured disclosing the names and addresses of licensed dog breeders. She considered whether this information was exempt from disclosure under section 40(2) of the FOIA, and found that it was not. The Commissioner requires the Council to disclose the names and addresses of licensed dog breeders.
Exemptions cited: FOI 31; FOI 40
View Carmarthenshire County Council
8 Jun 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested environmental information from the London Borough of Enfield. The London Borough of Enfield failed to respond within 20 working days, as specified in the EIR. The Commissioner requires the London Borough of Enfield to provide the complainant with a response to this request in accordance with its obligations under the EIR within 35 calendar days of the date of this decision notice.
Exemptions cited: EIR 5(2)
View Enfield Council
8 Jun 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the NHS Commissioning Board (“NHS England”) relating to a grant of £540,000 made to the Apperta Foundation CIC by NHS England. By the date of this notice NHS England had not provided a substantive response to this 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