24 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Independent Parliamentary Standards Authority (IPSA) about the total amounts claimed by MPs for the Congestion Charges and Ultra Low Emission Zones administered by Transport for London. The IPSA had failed to provide a substantive response by the date of this notice. The Commissioner’s decision is that the IPSA failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the IPSA 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 IPSA 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 Independent Parliamentary Standards Authority
24 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Information Commissioner’s Office (“the ICO”) in relation to the registration of IG Compliance Limited. The Commissioner’s decision is that the ICO 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. As a response has been issued, the Commissioner does not require the ICO to take any further steps.
Exemptions cited: FOI 10
View Information Commissioner
24 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested copies of minutes from the NHS Commissioning Board (NHS England) of any meetings regarding a recent High Court case and amendment to the service specifications for the Gender Identity Development Service for children and adolescents. NHS England 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
24 May 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information regarding pre-application advice given for a development. The Commissioner’s decision is that, on the balance of probabilities, Blackburn with Darwen Borough Council do not hold any information in scope of the request. The Commissioner does not require any steps.
Exemptions cited: EIR 5(1)
View Blackburn with Darwen Council
21 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
Summary wording for website: The complainant requested information relating to Exercise Cygnus. Essex Country Fire & Rescue Service initially stated that it was withholding information, before subsequently stating that it did not in fact hold any information within the scope of the request. The Commissioner’s decision is that ECFRS has not discharged its duty under section 1(1) of the FOIA because it has not considered whether any information falling within the scope of the request is held by Essex Resilience Forum on behalf of ECFRS. The Commissioner is satisfied on the balance of probabilities that ERF holds at least some relevant information – and that it does so on behalf of ECFRS. The Commissioner requires ECFRS to take the following steps to ensure compliance with the legislation: make reasonable enquiries of ERF to identify all the information that organisation holds that would fall within the scope of the request and then; issue a fresh response, to the request, that does n
Exemptions cited: FOI 1; FOI 3
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20 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Education and Skills Funding Agency (ESFA) is an executive agency of the government that is sponsored by the Department for Education (DfE). ESFA corresponded with the complainant but, in the circumstances, the Commissioner is satisfied that the complainant’s correspondence was, in effect, with DfE. The complainant requested correspondence DfE holds about a decision to place a student in a particular school. DfE withheld all of the information under FOIA sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) of the FOIA (prejudice to the effective conduct of public affairs), section 40(2) (personal data) and section 41(1) (information provided in confidence). The Commissioner’s decision is as follows: Part of the information that DfE is withholding is exempt from disclosure under section 36(2)(c) of the FOIA and the public interest favours maintaining this exemption. The remaining information is information provided in confidence and therefore exempt from disclosure under section 41(1) of
Exemptions cited: FOI 36; FOI 41
View Department for Education
20 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about state funded Alternative Provision from the Department for Education (DfE). DfE has withheld the information under section 36(2)(c) of the FOIA (prejudice to the effective conduct of public affairs) and considers that the public interest favours maintaining this exemption. The Commissioner’s decision is as follows: DfE is entitled to withhold the requested information under section 36(2)(c) of the FOIA and the public interest favours maintaining this exemption. The Commissioner does not require DfE to take any remedial steps.
Exemptions cited: FOI 36
View Department for Education
19 May 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant asked South Gloucestershire Council to provide him with all the information it held about a property he owned especially information regarding rights of way across a section of common land. South Gloucestershire Council provided a considerable volume of information in response to this request and other related freedom of information and subject access requests. The Commissioner decided that the relevant information is environmental information within the meaning of regulation 2(1)(c) of the EIR. She also decided that South Gloucestershire Council could rely on the EIR regulation 12(5)(b) (Course of justice) exception as a basis for withholding some information. South Gloucestershire Council did, however, breach regulation 5(1) (duty to disclose) and regulation 14(2) (time taken to disclose) as it did not respond substantively within 20 working days of receiving the request.
The Commissioner decided that South Gloucestershire Council had partially complied with the E
Exemptions cited: EIR 12(5)(b); EIR 14; EIR 5
View South Gloucestershire Council
19 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a full list of care homes & nursing homes in Herefordshire and Worcestershire County who reported suspected or confirmed cases of coronavirus (COVID-19) to the CQC between 1st January 2020 to 10th June 2020, the exact date the CQC became aware of coronavirus and its appearance in the UK and the date of the first reported incident of coronavirus reported to the CQC by the Herefordshire and Worcestershire county. The CQC refused to comply with the request under section 12 FOIA as it would exceed the cost limit to do so and in the alternative, in relation to parts 1 and 2 of the request, it applied the exemptions contained at sections 31(1)(g), 36(2), 38(1) and 43(2) FOIA. The Commissioner considers that the CQC correctly refused to comply with the request under section 12 FOIA. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 12
View CQC
19 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the breakdown of all deaths due to confirmed or suspected Coronavirus since April 10 2020 per care home regulated by the CQC. The CQC refused to disclose the requested information under section 31(1)(g), 36(2)(c), 38(1), 41(1) and 43(2) FOIA. The Commissioner’s decision is that the CQC was correct to refuse to disclose the requested information under section 38(1)(a) FOIA. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 38
View CQC
19 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about businesses applying for Covid-19 grants in the IP18 postcode. The Council refused to disclose the information, citing section 31(1)a of the FOIA – disclosure would, or would be likely to, prejudice the prevention and detection of crime. The Commissioner’s decision is that East Suffolk Council has correctly engaged section 31(1)a of the FOIA, so no steps are required. Information Tribunal appeal EA/2021/0132 dismissed.
Exemptions cited: FOI 31(1)(a)
View East Suffolk Council
19 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the NHS Commissioning Board (“NHS England”) relating to the correspondence between NHS England and McKinsey & Co. 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
19 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to Prince Andrew from the Metropolitan Police Service (the “MPS”). The MPS refused to confirm or deny holding the information, citing the exemptions at sections 24(2) (National security), 31(3) (Law enforcement), 38(2) (Health and safety) and 40(5) (Personal information) of the FOIA. The Commissioner’s decision is that the MPS was entitled to rely on section 24(2) of the FOIA to refuse the request. No steps are required.
Exemptions cited: FOI 24
View Metropolitan Police Service
19 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Warwick District Council (“the Council”) relating to parking complaints within a specific area. By the date of this notice the Council had not provided a substantive response to the request.
The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
Issue a substantive response to the request in accordance with its obligations under the FOIA.
The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View Warwick District Council
19 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the NHS Commissioning Board (NHS England) relating to the issuing of DNACPR (do not attempt cardiopulmonary resuscitation) notices for covid-19 patients with learning difficulties. The Commissioner’s decision is that NHS England failed to respond to the request for information within 20 working days and has therefore breached section 10 (time for compliance with the request) of the FOIA. The Commissioner is satisfied that NHS England has now provided a response to the request. Therefore the Commissioner does not require NHS England to take any further steps in relation to this request for information.
Exemptions cited: FOI 10
View NHS England
19 May 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested details of three reports which he believed to have been relevant to the content of a July 2019 geotechnical report commissioned by Hastings Borough Council (the council). He also asked for copies of these reports. The Commissioner’s decision is that the council does not hold the report described within part 1 and 2 of the complainant’s request. She is also satisfied that the council correctly identified the two reports which were relevant to parts 3, 4, 5 and 6 of the request, and that the complainant has already received this information in response to previous requests. However, as the council responded to the complainant’s request outside of the statutory timescales, it has breached regulation 5(2) of the EIR. Furthermore, as the council also failed to provide its internal review response within 40 working days, the Commissioner has found there to be a breach of regulation 11(4) of the EIR. The Commissioner does not require the council to take any steps as
Exemptions cited: EIR 11(4); EIR 5(1); EIR 5(2)
View Hastings Borough Council
19 May 2021Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a request to the London Borough of Hackney (the Council) seeking information about a facility used as part of its Family Learning Intervention Programme. The Council provided the complainant with a response to her request, initially withholding part of a relevant document. It subsequently provided the complainant with an unredacted version of this document and explained that it did not hold any further information falling within the scope of this request. The Commissioner is satisfied that the Council does not hold any further information falling within the scope of the request. However, she has concluded that the Council breached section 10(1) of FOIA by not responding to the request within 20 working days and not disclosing all of the information falling the scope of the request within the same timeframe.
Exemptions cited: FOI 1; FOI 10
View London Borough of Hackney
19 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information held by Herefordshire Council (the council) about various matters relating to the COVID-19 pandemic.
The council provided the complainant with a response to parts 3 and 4 of his request. However, it advised that it was refusing to provide information relevant to part 1 of the request, which asked for the names of care, and nursing, homes based within Herefordshire which had reported suspected, or confirmed, cases of COVID-19, citing the exemptions at section 38(1) and 43(2) of the FOIA. It also confirmed that it was refusing to comply with part 2 of the request, which was for the same information but in relation to care homes used by the council within the county of Worcestershire, on the same basis. During the course of the Commissioner’s investigation, the council then confirmed that it did not hold any information that was relevant to part 2 of the request. In addition, it advised that it now regarded section 40(2) to also be applicable
Exemptions cited: FOI 38
View Herefordshire Council
19 May 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information, in a multi-part request, relating to planning matters. Shropshire Council (the Council) denied holding some information within the scope of the request and stated that it had already provided some relevant information. It withheld the remaining information within the scope of the request, citing regulation 12(4)(d) (information in the course of completion) of the EIR. The Commissioner’s decision is that the Council was entitled to apply regulation 12(4)(d) to the withheld information and that the public interest in maintaining the exception outweighs the public interest in disclosure. She also decided that the Council did not hold further information within the scope of part (2) of the request. The Commissioner 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). The Commissioner requires no steps to be taken as a result of this dec
Exemptions cited: EIR 12(4)(a); EIR 12(4)(d)
View Shropshire Council
19 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from the NHS Commissioning Board (NHS England) relating to the document ‘Prescribing Outlook 2020’ from the NHS Specialist Pharmacy Service website. The Commissioner’s decision is that NHS England failed to respond to the request for information within 20 working days and has therefore breached section 10 (time for compliance with the request) of the FOIA. The Commissioner requires NHS England to take the following steps to ensure compliance with the legislation: Issue a response, in accordance with its obligations under the FOIA, to the request.
Exemptions cited: FOI 10
View NHS England
18 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
In separate requests, made on consecutive days, the complainant requested information relating to murders in Kent. Kent Police refused to comply with the requests, citing section 14(1) (vexatious request) of the FOIA. The Commissioner’s decision is that the requests were vexatious and Kent Police was entitled to apply section 14(1) to refuse the requests. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 14
View Kent Police
18 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to medication errors, seclusion, the use of restraints, serious incidents and the use of electroconvulsive therapy (ECT) within the Trust for the year 2019. The Trust disclosed five data sets, compiled for each of the topics in question, in response to the request. It withheld any outstanding information citing section 12(1) (Cost of compliance exceeds the appropriate limit) of the FOIA. The Commissioner’s decision is that the Trust is entitled to rely on section 12(1) of the FOIA. The Commissioner does not require the public authority to take any further steps to ensure compliance with the legislation.
Exemptions cited: FOI 12
View Berkshire Healthcare NHS Foundation Trust
18 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on payments to Children’s Health and Social Care service providers. Birmingham Children’s Trust (‘BCT’) released relevant information, with some redacted under section 40(2) of the FOIA (personal data). The complainant considers that BCT holds further relevant information and that it should release the redacted material. The Commissioner’s decision is as follows: On the balance of probabilities BCT has released all the information it holds that is relevant to the complainant’s request and has complied with section 1(1) of the FOIA. The information BCT has withheld is the personal data of third persons and is exempt information under section 40(2) of the FOIA. The Commissioner does not require BCT to take any remedial steps. Information Tribunal appeal EA/2021/0146 appeal withdrawn.
Exemptions cited: FOI 1; FOI 40
View Birmingham Children’s Hospital NHS Trust
18 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the London Borough of Sutton (the Council) about the total cost of installing cones under the Worcester Park bridge. 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 London Borough of Sutton
18 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Isle of Wight NHS Trust (“the Trust”) relating to employees who have been unable to attend work during the COVID 19 pandemic due to shielding. By the date of this notice the Council had not provided a substantive response to the request.
The Commissioner’s decision is that the Trust has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation.
Issue a substantive response to the request in accordance with its obligations under the FOIA.
The Trust must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View Isle of Wight NHS Trust
18 May 2021Complaint partially upheldFreedom of Information Act 2000
The complainant requested from the Ministry of Housing, Communities and Local Government information about the actions that may be taken by the ‘Architects Registration Board’. The MHCLG denied that any information was held. The Commissioner’s decision is that no information is held, but that the MHCLG breached section 10 by issuing a response outside the time for compliance. The Commissioner does not require the MHCLG to take any steps.
Exemptions cited: FOI 1; FOI 10
View Ministry of Housing, Communities and Local Government
18 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from The NHS Commissioning Board (NHS England) regarding Covid-19 and hospitals throughout England. NHS England 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
18 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from Cumbria County Council (“the Council”), information in relation to the cost of temporary traffic lights in a specific area. The Commissioner is satisfied that, on the balance of probabilities, the Council does not hold the requested information. The Commissioner does not require the Council to take any further steps.
Exemptions cited: FOI 1
View Cumbria County Council
18 May 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about the highest scoring applications in response to a tendering exercise. Calderdale College disclosed some information and withheld the reminder under the exemption provided by section 43(2). The Commissioner’s decision is that the College is entitled to withhold the information under section 43(2). However, the College has failed to address that part of the request which seeks the identities of “assessors”. The College also breached the requirements of section 10 and section 17 when responding the request. The Commissioner requires the College to take the following steps to ensure compliance with the legislation: In response to that part of the request that seeks the identities of “assessors”, issue a fresh response in accordance with the Freedom of Information Act (2000). First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0143 dismissed.
Exemptions cited: FOI 1; FOI 10; FOI 17; FOI 43
18 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant made a request to Conwy County Borough Council (the Council) under the Re-use of Public Sector Information Regulations 2015 (RPSI) to re-use information provided to him in response to a previous request under the Freedom of Information Act (FOIA). The Council refused to comply on the basis that the request for re-use was not a valid request. The Commissioner’s decision is that the request for re-use was valid under regulation 6 (Request for re-use) of the RPSI. The Commissioner requires the Council to take the following step to ensure compliance with the legislation: issue a fresh response to the request for re-use.
Exemptions cited: RPSI 6
View Conwy County Borough Council
17 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
Council (“the Council”) relating to the hygiene inspection reports for a specific property. By the date of this notice the Council had not provided a substantive response to the request.
The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
Issue a substantive response to the request in accordance with its obligations under the FOIA.
The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View Brighton and Hove City Council
17 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Brighton and Hove City Council (“the Council”) relating to the Urbact trip to Sicily in October 2019. By the date of this notice the Council had not provided a substantive response to the request.
The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
Issue a substantive response to the request in accordance with its obligations under the FOIA.
The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View Brighton and Hove City Council
17 May 2021Complaint partially upheldFreedom of Information Act 2000
Summary wording for website: The complainant has made a four part request for information relating to legal services contracts, consultants, and recruitment and selection of the ICO's Data Ethics Adviser. The Commissioner refused to comply with the first and second parts of the request (IRQ0905486 and IRQ0842630) under section 12 FOIA as it would exceed the cost limit to do so. The complainant has refined the second part of the request (IRQ0842630) but disputes the application of section 12 FOIA to the first part of the request (IRQ0905486). The Commissioner considers that the ICO correctly refused to comply with the request under section 12 FOIA. However it failed to comply with its obligations under section 16 FOIA in relation to the first part of the request. The Commissioner requires the public authority to provide advice and assistance in relation to the first part of the request, refused under section 12 FOIA at the internal review stage. Information Tribunal appeal EA/2021/0145
Exemptions cited: FOI 12; FOI 16
View Information Commissioner
17 May 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information regarding the relocation of a children’s play area. The Commissioner’s decision is that, on the balance of probabilities, Petworth Town Council does not hold any further information which is within the scope of the request. The Commissioner does not require any steps.
Exemptions cited: EIR 5(1)
17 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from NHS West Sussex CCG (the CCG) information related to its structure and the relationships among some particular teams within the CCG. The CCG disclosed part of the information held, withheld names of some post holders in organisational charts under section 40(2) (personal information) of FOIA and stated that it did not hold further information within the scope of the request.
The Commissioner’s decision is that: on the balance of probabilities, the CCG did not hold any information that would demonstrate the relationship between the NHS WS CCG Medicines Management Team with the West Sussex Continuing Healthcare (CHC) Team; and the CCG has correctly applied section 40(2) to the withheld information.
The Commissioner does not require any further steps as a result of this decision notice.
Exemptions cited: FOI 1; FOI 40
View West Sussex Clinical Commissioning Group
17 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Brighton and Hove City Council (“the Council”) relating to the transfer of Mears in-house. By the date of this notice the Council had not provided a substantive response to the request.
The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
Issue a substantive response to the request in accordance with its obligations under the FOIA.
The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View Brighton and Hove City Council
17 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about any advice given by the Attorney General’s Office (the ‘AGO’) in relation to Dominic Cummings and the alleged breach of Covid-19 lockdown regulations. The AGO would neither confirm or deny whether the requested information was held, citing section 35(3) of FOIA (formulation of government policy, etc) by virtue of section 35(1)(c) (the provision of advice by any of the Law Officers or any request for the provision of such advice). It said that the public interest test favoured maintenance of the section 35(3) exemption. The Commissioner’s decision is that the AGO was correct to neither confirm nor deny if this information was held and the public interest in this case supports this position. The Commissioner therefore requires no steps to be taken by the AGO as a result of this notice.
Exemptions cited: FOI 35
View Attorney General's Office
14 May 2021Complaint partially upheldFreedom of Information Act 2000
The complainant made a six part request for information relating to the sharing of Registered Keeper data with private parking companies. The Driver & Vehicle Licensing Agency refused the request citing both section 14(1) (vexatious request) and 14(2) of the FOIA (repeated request). The Commissioner’s decision is that the DVLA has failed to demonstrate that the request, as a whole, was vexatious. It was therefore not entitled to rely on section 14(1) of the FOIA to refuse the request. However, the Commissioner does accept that elements [5] and [6] of the request are repeated and therefore the DVLA was entitled to rely on section 14(2) of the FOIA to refuse those elements. The Commissioner requires the DVLA to take the following steps to ensure compliance with the legislation: issue a fresh response to elements [1], [2], [3] and [4] of the request that does not rely on section 14(1) of the FOIA.
Exemptions cited: FOI 14
View Driver and Vehicle Licensing Agency
14 May 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested from Sheffield City Council (“the Council”) records of environmental health officers’ visits, fields notes and records of acoustic results relating to a specific property. The Council refused the request under regulation 12(4)(b) of the EIR (manifestly unreasonable).
The Commissioner’s decision is that the requested information is personal data and therefore should have been withheld under regulation 13(1) of the EIR.
The Commissioner also finds that the Council did not comply with its obligation under regulation 5(2) of the EIR (time for compliance).
The Commissioner does not require the Council to take any steps as a result of this notice.
Exemptions cited: EIR 13(1); EIR 5(2)
View Sheffield City Council
14 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to Covid tests outside of hospital for Ministers and family. The Commissioner’s decision is that Department of Health & Social Care (DHSC) is not entitled to rely on section 40(5B)(a)(i). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide a fresh response without relying on section 40(5B)(a)(i). 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 40
View Department of Health and Social Care
14 May 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from Network Rail information in relation to its Subject Access Requests policy.
The Commissioner’s decision is that Network Rail failed to provide the information it held within the scope of the request within 20 working days and in so doing it breached sections 1 and 10 of FOIA.
As the information sought by the complainant has now been provided, the Commissioner does not require Network Rail to take any further steps as a result of this decision notice.
Exemptions cited: FOI 1; FOI 10
View Network Rail
13 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Department for International Development (now part of the Foreign, Commonwealth & Development Office - FCDO) seeking audits, evaluations and reports into the Ebola response in the Democratic Republic of the Congo. The FCDO explained that it did not hold any audits. It also explained that it held one report which was exempt from disclosure on the basis of section 21 (information reasonably accessible) of FOIA and a further report which was exempt from disclosure on the basis of sections 27(1)(a) to (d) and 27(2) (international relations) of FOIA. The complainant disputed the FCDO’s reliance on these latter exemptions and also its position that it did not hold any audits about the response. The Commissioner has concluded that, on the balance of probabilities, the FCDO does not hold any audits falling within the scope of the complainant’s request. The Commissioner has also concluded that the FCDO is entitled to rely on section 27(2) of FOIA t
Exemptions cited: FOI 1; FOI 27
View Foreign, Commonwealth & Development Office
13 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the first and final drafts of specific chapters of a book (the book) submitted to Cambridge University Press (CUP) by the author. The specific chapters with which the complainant is concerned are 9, 10, 13, 16, 17, 18 and 19. CUP withheld the information under section 41 (information provided in confidence) of the FOIA. The Commissioner’s decision is that CUP is entitled to rely on section 41 of the FOIA. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.
Exemptions cited: FOI 41
13 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the total number of covid-19 deaths where covid-19 was the only cause of death. The Trust determined that providing this information would exceed the cost limit outlined in section 12 (Cost of compliance exceeds the appropriate limit) of the FOIA. The Commissioner’s decision is that the Trust is entitled to rely on section 12 of the FOIA. However, she also finds that the advice and assistance offered to the complainant is insufficient for the Trust to have fully complied with its obligations according to section 16 (Duty to provide advice and assistance) of the FOIA. The Commissioner therefore requires the public authority to provide the complainant with advice and assistance so far as this is reasonable and practicable. Information Tribunal appeal EA/2021/0128 Appeal Withdrawn.
Exemptions cited: FOI 12
View North Lincolnshire and Goole Hospitals NHS Trust
12 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information regarding specific scenarios that may be encountered when calculating child maintenance payments. The Commissioner’s decision is that the Department for Work and Pensions (DWP) does not hold information falling within the scope of the request. The Commissioner does not require DWP to take any steps. Information Tribunal appeal IC-40706-N1N1 appeal struck out.
Exemptions cited: FOI 1
View Department for Work and Pensions
12 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Foreign and Commonwealth Office (FCO now part of the Foreign, Commonwealth & Development Office, FCDO) seeking information about the publication and reception of a book published in 1979, ‘Countercoup’, which concerned the deposition of the Iranian Prime Minister in 1953. The FCO refused to confirm or deny whether it held any information falling within the scope of the request on the basis of section 23(5) (security bodies) of FOIA. The Commissioner has concluded that the FCO was entitled rely on section 23(5) to refuse to confirm or deny whether it holds the requested information.
Exemptions cited: FOI 23
View Foreign, Commonwealth & Development Office
12 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information associated with a municipal waste incinerator from Public Health England (PHE). PHE’s position is that it does not hold the requested information, which the complainant disputes. The Commissioner’s decision is as follows: On the balance of probabilities, PHE does not hold the health report, yearly reviews or patient admittance and referral numbers that the complainant has requested and has complied with section 1(1)(a) of the FOIA. The Commissioner does not require PHE to take any remedial steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0280 under appeal.
Exemptions cited: FOI 1
View UK Health Security Agency
12 May 2021Complaint partially upheldFreedom of Information Act 2000
In a two part request, the complainant requested from Highways England communications its Green Claims team has had with Kier, one of its contractors. Highways England categorised the first part of the request as originally framed as a vexatious request under section 14(1) of the FOIA and refused to comply with it. Once the complainant had refined this part of the request, Highways England complied with that part but did not address the second part of the original request. The complainant considers that Highways England holds further information within the scope of part 1 of his request and noted that he had not received a response to the second part. The Commissioner’s decision is as follows: With regard to part 1 of the request, Highways England has breached section 1(1) of the FOIA as it has not released to the complainant some of the information it holds – email domain names - or addressed another element within scope of this part – attachments to emails. However, other than the do
Exemptions cited: FOI 1; FOI 10
View National Highways
12 May 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested minutes of meetings relating to the Board of Governors of Ballyclare Secondary School and their Finance Sub-Committee. The EANI provided the complainant with the requested Board of Governors meeting minutes, however it stated that it did not hold the Finance Sub-Committee meeting minutes. The Commissioner’s decision is that, on the balance of probabilities. the EANI has complied with section 1 of the FOIA and does not hold the aforementioned minutes.
Exemptions cited: FOI 1
12 May 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested from Hampshire Constabulary (HC) information about police officers and staff who were arrested in the period 2015-2019. While HC disclosed the majority of the information in an anonymised format, it would not present it in the format the complainant required and it withheld some information, under section 40(2) (Personal information) of the FOIA. The Commissioner’s decision is that section 40(2) was applied correctly. However, she found HC breached section 10(1) of the FOIA by exceeding the statutory time for compliance when responding to the request.
Exemptions cited: FOI 10; FOI 40