29 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Northumberland County Council (“the Council”) information for the specific constituencies relating to the Electoral Commission. The Council considered that it does not hold this information for the purposes of the FOIA. The Commissioner’s decision is that the requested information is not held by the Council for the purposes of the FOIA, and that the Council is entitled to rely on section 3(2)(a) of the FOIA. Therefore, the Commissioner does not require the Council to take any steps as a result of this decision.
Exemptions cited: FOI 3
View Northumberland County Council
29 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from the Department for Education (DfE) information about whether Dominic Cummings had had any complaints made about him whilst working as a special adviser for Michael Gove at the DfE. The DfE refused to confirm or deny whether there had been any complaints as to do so would in itself breach data protection principles. The Commissioner’s decision is that the DfE was entitled to rely on section 40(5B)(a)(i) of the FOIA to neither confirm or deny holding any information falling within the scope of the request. The Commissioner does not require any further steps to be taken.
Exemptions cited: FOI 40
View Department for Education
28 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Home Office relating to the passengers on a charter flight to Nigeria and Ghana on 28 March 2017. By the date of this notice the Home Office had not provided a substantive response to this request.
The Commissioner’s decision is that the Home Office has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
The Commissioner requires the Home Office 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 Home Office 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 Home Office
28 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested various information from Shrewsbury Town Council (the Council) regarding the sale of land. The Council disclosed the requested information but took in excess of twenty working days to do so.
The Commissioner’s decision is that Shrewsbury Town Council has breached Section 10 of the FOIA. However, as the requested information has been disclosed the Commissioner does not require any steps to be taken.
Exemptions cited: FOI 10
28 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from the Metropolitan Police Service (the “MPS”) information about an alleged investigation. Having initially advised the complainant that his request was vexatious under section 14(1) of the FOIA, the MPS revised its position and would neither confirm nor deny holding any information, citing sections 30(3) (Investigations and proceedings) and 40(5) (Personal information) of the FOIA. The Commissioner’s decision is that the MPS was entitled to rely on section 40(5) to neither confirm nor deny holding the requested information. No steps are required.
Exemptions cited: FOI 40
View Metropolitan Police Service
28 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the NHS Commissioning Board (NHS England) about the Specialised Commissioning Standard Operating Procedure for the Annual Assessment Quality Assurance Process. 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.
Exemptions cited: FOI 10
View NHS England
28 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from HM Treasury about the national debt. The Commissioner’s decision is that HM Treasury failed to respond to the request within 20 working days and therefore breached section 10 of the FOIA. No further steps are required.
Exemptions cited: FOI 10
View HM Treasury
28 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested a copy of the “follow-up finance review” from the Local Government Association commissioned by Warrington Borough Council (the Council). By the date of this notice the Council had failed to provide a substantive response to this request.
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’s decision is that Warrington Borough Council breached section 10 (time for compliance) of the FOIA by failing to respond to the request within 20 working days of receipt.
The Commissioner requires the Council to take the following step to ensure compliance with the legislation.
The Council must provide a substantive response to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View Warrington Council
27 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Sussex Police relating to particular claims it had made, and subsequently retracted, of crowd disorder at a football match between Brighton & Hove Albion and Crystal Palace in November 2017. Sussex Police refused to comply with the request on the grounds that it was vexatious within the meaning of section 14(1) of the FOIA. The Commissioner’s decision is that Sussex Police was entitled to rely on section 14(1) of the FOIA to refuse the request.
Exemptions cited: FOI 14
View Sussex Police
27 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on the types and numbers of criminal record checks undertaken by the Charity Commission as part of assessing waivers from disqualification from acting as a trustee or senior manager of a charity. The Charity Commission withheld this information on the basis of section 31(1)(g) of the FOIA. The Commissioner’s decision is that the Charity Commission has correctly engaged section 31(1)(g) by virtue of section 31(2)(f) and the public interest favours maintaining the exemption. She requires not steps to be taken.
Exemptions cited: FOI 31
View The Charity Commission
27 Jan 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested from Tameside Metropolitan Borough Council (TMBC) information about action it has taken over breaches of planning conditions since 2010. TMBC disclosed some information, but said that it was not required to comply with the remainder of the request on the grounds that it was manifestly unreasonable within the meaning of regulation 12(4)(b) of the EIR. The Commissioner’s decision is that TMBC was entitled to refuse the request under regulation 12(4)(b) of the EIR. She also decided that the level of advice and assistance provided by TMBC complied with the requirements of regulation 9(1) of the EIR.
Exemptions cited: EIR 12(4)(b)
View Tameside Metropolitan Borough Council
27 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Department of Health and Social Care (DHSC) about a Coronavirus testing laboratory which suffered IT system failures. The DHSC had failed to provide a substantive response by the date of this notice. The Commissioner’s decision is that the 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. 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 Department of Health and Social Care
27 Jan 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has submitted ten requests (within a single item of correspondence) for various information relating to Surrey Fire & Rescue Service. West Sussex County Council refused to comply with the requests on the basis that compliance would impose a grossly oppressive burden upon it, and therefore applied section 14(1). The Commissioner’s decision is that the Council is entitled to apply section 14(1) to the requests. However, in applying section 14(1) outside the time for compliance, the Council has breached section 17.
The Commissioner does not require the Council to take any steps
Exemptions cited: FOI 14(1); FOI 17
View West Sussex County Council
27 Jan 2021Complaint partially upheldFreedom of Information Act 2000
The complainant asked the public authority for a copy of any correspondence relating to an information technology company called AnyVision. The public authority withheld all of the information held relying on the exemption at section 43(2) FOIA (prejudice to commercial interests) and some of the information held relying on the exemption at section 40(2) FOIA (personal data). The Commissioner concluded that the public was entitled to withhold some of the information held on the basis of section 43(2) and was entitled to rely on section 40(2) as the basis for withholding personal data.
Exemptions cited: FOI 40; FOI 43
View Waltham Forest Council
27 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a variety of information all broadly associated with particular contractors of Highways England. Highways England has categorised the request as a vexatious request under section 14(1) of the FOIA and has refused to comply with it. The Commissioner’s decision is as follows: The complainant’s request is a vexatious request under section 14(1) of the FOIA and Highways England is not obliged to comply with it. The Commissioner does not require Highways England to take any remedial steps. Information Tribunal appeal EA/2021/0057 disposed of by consent order.
Exemptions cited: FOI 14
View National Highways
26 Jan 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information regarding the lease for an area of land. The Commissioner’s decision is that Ditchling Parish Council is entitled to rely upon regulation 12(4)(b) and that the public interest rests in maintaining this exception. The Commissioner also finds that, on the balance of probabilities, the council does not hold any further information within the scope of the request. However the Commissioner finds that the council breached regulation 14(2) in its handling of the request. The Commissioner does not require any steps.
Exemptions cited: EIR 12(4)(b); EIR 14(2)(1); EIR 5(1)
26 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested copies of any agreements between the NHS Commissioning Board (NHS England) and Palantir Technologies UK on Palantir Foundry Software. 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, 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
26 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information associated with ‘Cambridge Zero’. The University of Cambridge (‘the University’) has categorised the request as vexatious under section 14(1) of the FOIA and has refused to comply with it. The Commissioner’s decision is as follows: The request can be categorised as a vexatious request under section 14(1) of the FOIA because of the disproportionate burden that complying with it would cause the University. The Commissioner does not require the University to take any remedial steps.
Exemptions cited: FOI 14
View The University of Cambridge
26 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant made two information requests to Public Health England (PHE) for information about research regarding the susceptibility of certain groups to Covid-19 and for information regarding Covid-19 testing figures. By the date of this notice PHE had failed to provide a substantive response to either request. The Commissioner’s decision is that PHE failed to respond to the requests within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires PHE to take the following steps to ensure compliance with the legislation. Issue a substantive response, under the FOIA, to both requests. PHE 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 UK Health Security Agency
26 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the London Borough of Hackney about a cyber attack. The London Borough of Hackney has failed to respond to this request. The Commissioner requires the London Borough of Hackney to provide the complainant with a response to this request in accordance with its obligations under FOIA. The London Borough of Hackney must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View London Borough of Hackney
25 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to support for children during Covid-19 and for information relating to the senior leadership at the School. The School failed to respond to this request within the statutory time for compliance. The Commissioner considers that the School 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 HARTWELL PRIMARY SCHOOL
25 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to support for children during Covid-19 and for information relating to the senior leadership at the School. The School failed to respond to this request within the statutory time for compliance. The Commissioner considers that the School 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 RENDELL PRIMARY SCHOOL
25 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from the Council regarding registration of social workers. The Council refused to disclose some of the requested information, citing section 40(2) of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that the Council has correctly applied section 40(2) of the FOIA to the requested information. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 40
View Herefordshire Council
25 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to support for children during Covid-19 and for information relating to the senior leadership at the School. The School failed to respond to this request within the statutory time for compliance. The Commissioner considers that the School has breached section 10(1) FOIA in the handling of this request. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 10
22 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information regarding the funding of pathology services. St George’s University Hospitals NHS Foundation Trust initially withheld all relevant information, but partially withdrew its reliance on the exemption and disclosed some information during the internal review process. The Commissioner’s decision is that the Trust did not comply with its duties under section 1 of the FOIA within 20 working days and therefore breached section 10 of the FOIA when responding to the request. As a satisfactory response has now been issued, no further steps are required.
Exemptions cited: FOI 10
View St George's University Hospitals NHS Foundation Trust
21 Jan 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested various communications relating to a planning enforcement matter. Elmbridge Borough Council disclosed some information and withheld the reminder under the exceptions provided by regulations 12(4)(e) and 12(5)(b) of the Environmental Information Regulations 2004. The Commissioner’s decision is that the Council is entitled to withhold the information under regulations 12(4)(e) and 12(5)(b). However, the Council breached regulation 14 by failing to inform the complainant of its refusal within the time for compliance. The Commissioner does not require the Council to take any steps. Information Tribunal appeal EA/2021/0046 appeal allowed in part.
Exemptions cited: EIR 12(4)(e); EIR 12(5)(b); EIR 14
View Elmbridge Borough Council
20 Jan 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information on the underlying calculations to determine the cost, reported as £1 trillion, to achieve net zero carbon emissions by 2050. The Commissioner’s decision is that HM Treasury (“HMT”) has appropriately applied the exception at regulation 12(4)(e) as the request involves the disclosure of internal communications. However, the Commissioner finds that the public interest favours disclosure of the information in the scope of the request. The Commissioner also finds a breach of regulation 11(4) as HMT did not provide an internal review within 40 working days. The Commissioner requires the public authority to disclose the specific email containing the requested information ensure compliance with the legislation.
Exemptions cited: EIR 11(4); EIR 12(4)(e)
View HM Treasury
20 Jan 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to the formulation and publication of the Data Protection Impact Assessment for the process by which GPs share Covid-19 data. NHS Digital withheld some information and relied on section 22 of the FOIA to do so. It refused the remainder of the request and relied on section 12 of the FOIA to do so. The Commissioner’s decision is that NHS Digital was entitled to rely on section 12 of the FOIA to refuse the request. However, NHS Digital failed to provide meaningful advice and assistance to help the complainant refine his request within the cost limit. NHS Digital therefore breached section 16 of the FOIA. The Commissioner requires NHS Digital to take the following steps to ensure compliance with the legislation: provide the complainant with meaningful advice and assistance to assist him in refining his request so that it falls within the cost limit.
Exemptions cited: FOI 12; FOI 16
View NHS England
20 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the agendas, minutes and other information associated with specific meetings on particular dates. West Midlands Ambulance Service NHS Trust (‘the Trust’) provided some information and its position is that it does not hold any further information falling within scope of the request. The complainant disputes this. The Commissioner’s decision is as follows: On the balance of probabilities, the Trust does not hold any further information within the scope of the complainant’s request and has complied with section 1(1)(a) of the FOIA. The Commissioner does not require the Trust to take any remedial steps.
Exemptions cited: FOI 1
View West Midlands Ambulance Service University NHS Foundation Trust
20 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested from Sheffield City Council (SCC) information, in general terms, about the medical qualifications of staff working in its Adult Social Care Commissioning Team (ASCCT). SCC refused to comply with the request on the grounds that it engaged sections 14(1) (Vexatious requests) and 14(2) (Repeated requests) of the FOIA. The Commissioner’s decision is that SCC was not entitled to rely on sections 14(1) or 14(2) of the FOIA to refuse the request. The Commissioner requires SCC to issue a fresh response to the request that does not rely on sections 14(1) or 14(2) of the FOIA.
Exemptions cited: FOI 14
View Sheffield City Council
20 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to the abandonment of the procurement of services. NHS England has failed to provide a response to the request in accordance with the FOIA. The Commissioner’s decision is that NHS England has failed to respond to the complainant’s request of 28 July 2020 within 20 working days of receipt and has therefore breached section 10(1) of the FOIA. NHS England must provide the complainant with a response to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View NHS England
19 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about selective tests supplied by the Centre for Evaluation and Monitoring. The University of Cambridge (‘the University’) released some information and withheld other information under section 22 of the FOIA (information intended for future publication) and section 43 (commercial interests). The University advised it does not hold the remaining information the complainant has requested. The Commissioner’s decision is as follows: On the balance of probabilities, the University has released all the recorded information it holds that is relevant to part of question 1, and questions 4, 7, 8 and 9 and has complied with section 1(1) of the FOIA. The University is entitled to rely on section 22(1) of the FOIA to withhold information within the scope of question 1, and the balance of the public interest favours maintaining this exemption. The University is entitled to rely on section 43(2) of the FOIA to withhold information within the scope of questi
Exemptions cited: FOI 1; FOI 22; FOI 43
View The University of Cambridge
19 Jan 2021Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested from Stratford-on-Avon District Council a copy of the terms of reference document relating to a report on possible development of a local airfield. The Commissioner determined the matter with reference to the EIRs. She decided that the regulation 12(5)(e) (Commercial confidentiality) and 12(5)(f) (Interests of the information provider) EIR exceptions were not engaged. The Commissioner requires Stratford-on-Avon District Council to disclose to the complainant the full text of the terms of reference document “Brief for Aviation Consultant”. Stratford-on-Avon District Council must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 12(5)(e); EIR 12(5)(f)
View Stratford-on-Avon District Council
19 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Department of Health and Social Care (“DHSC”) relating to correspondence between the Health Minister, Lord Bethel, and Portland Communications. By the date of this notice the Council had not provided a substantive response to this request.The Commissioner’s decision is that the DHSC has 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 to the request in accordance with its obligations under the FOIA.
The DHSC 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 Department of Health and Social Care
19 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to HM Treasury (HMT) seeking emails, memos and briefings sent to, or prepared for, the Chancellor of the Exchequer between January 3 and January 5 2020 which discuss the Shanghai-London Stock Connect scheme. HMT withheld the information on the basis of section 27(1)(a) (international relations) of FOIA. It subsequently argued that the information was also exempt from disclosure on the basis of sections 27(1)(c) and (d) (international relations), 35(1)(a) (government policy) and 43(2) (commercial interests). The Commissioner’s decision is that the withheld information is exempt from disclosure on the basis of sections 27(1)(a), (c) and (d) of FOIA and that in all the circumstances of the case the public interest favours maintaining these exemptions. Information Tribunal appeal EA/2021/0043 appeal dismissed.
Exemptions cited: FOI 27
View HM Treasury
18 Jan 2021Complaint partially upheldFreedom of Information Act 2000
The complainant made a request to the Ministry of Justice (MoJ) under the Re-use of Public Sector Information Regulations 2015 (RPSI) to re-use information, namely court listings for a specified date. The MoJ made the information available for re-use, with restrictions. The Commissioner’s decision is that the MoJ applied Regulation 12(2) correctly as the conditions of re-use were not unnecessarily restrictive. However, the Commissioner found that the MoJ breached regulation 8(1) of RPSI by failing to respond to the request within a reasonable time. As the information has been provided for re-use, the Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: RPSI 12; RPSI 8
View Ministry of Justice
18 Jan 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested feedback sheets from Highways England (HE) that were completed by members of the public at the A5036 Port of Liverpool Access Scheme public information events in October 2019. HE withheld the requested information under regulations 13(1), 12(5)(f) and 12(4)(b) EIR. The Commissioner’s decision is that HE is entitled to withhold the requested information under regulation 13(1)(personal information) of the EIR. The Commissioner does not require HE to take any further steps.
Exemptions cited: EIR 13(1)
View National Highways
18 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from Lewisham and Greenwich NHS Trust (the Trust) contracts with car parking management services providers.
The Commissioner’s decision is that on the balance of probabilities the requested information is not held. The Commissioner does not require any steps to be taken as a result of this decision.
Exemptions cited: FOI 1
View Lewisham and Greenwich NHS Trust
18 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from the Medicines and Healthcare Products Regulatory Agency (“MHRA”) information in relation to two specific devices. The MHRA refused to comply with the complainant’s request citing section 44(1) (prohibition on disclosure) of the FOIA as its basis for this refusal.
The Commissioner’s decision is that the MHRA has correctly applied section 44(1) of the FOIA to the information requested.
The Commissioner does not require the MHRA to take any steps.
Exemptions cited: FOI 44
View Medicines and Healthcare products Regulatory Agency
18 Jan 2021Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about a grant awarded to a named rural centre. The Rural Payments Agency (‘RPA’) has refused to disclose the information under regulation 12(3) of the EIR as it considers it to be the personal data of third persons. The Commissioner’s decision is as follows: The requested information is the personal data, and special category personal data, of third persons and the RPA was entitled to withhold it under regulation 13(1) of the EIR by way of regulation 13(2A)(a) of the Data Protection Act 2018. The Commissioner does not require the RPA to take any remedial steps.
Exemptions cited: EIR 13
View Rural Payments Agency
18 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Cabinet Office about ministerial meetings. The Cabinet Office has failed to respond to this request. The Commissioner requires the Cabinet Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Cabinet Office must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View Cabinet Office
18 Jan 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to a planning application. Lewes District and Eastbourne Borough Council disclosed some information and withheld other information under the exception for the course of justice – regulation 12(5)(b). The Commissioner’s decision is that Lewes District and Eastbourne Borough Council failed to disclose information within the statutory time limit and breached regulation 5(2) but that it correctly withheld legal advice under regulation 12(5)(b). The Commissioner does not require the public authority to take any steps.
Exemptions cited: EIR 12(5)(b); EIR 5(2)
18 Jan 2021Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about eIDAS – that is, electronic identification and trust services. The Financial Conduct Authority (‘the FCA’) has said it does not hold the requested information. The Commissioner’s decision is as follows: On the balance of probabilities, the FCA does not hold the specific information requested and has complied with section 1(1)(a) of the FOIA. The FCA breached section 10(1) as it did not comply with section 1(1)(a) within 20 working days following the date of receipt of the request. The Commissioner does not require the FCA to take any remedial steps.
Exemptions cited: FOI 1; FOI 10
View Financial Conduct Authority
15 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested from The Royal Marsden NHS Foundation Trust (the Trust) the margin achieved in relation to income from private patients from 2015 to 2019. The Trust provided some information but refused to provide the information concerning profit margins, citing section 43(2) FOIA – commercial interests. The Commissioner’s decision is that section 43(2) is not engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
Provide the information to the complainant that was withheld under section 43(2). First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0047 appeal allowed.
Exemptions cited: FOI 43
View The Royal Marsden NHS Foundation Trust
15 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Nottinghamshire County Council (“the Council”) information relating to the closure of a footpath at South Nottinghamshire Academy. The Council withheld some of the information under section 42 (legal professional privilege) of the FOIA and partly disclosed information, but redacted some of it under sections 40 (personal data) and 41 (information provided in confidence) of the FOIA. The Commissioner’s decision is that the Council correctly applied sections 42 and 41 to the withheld information. She has therefore not gone on to consider the application of section 40 of the FOIA. The Commissioner does not require the Council to take any steps as a result of this decision.
Exemptions cited: FOI 41; FOI 42
View Nottinghamshire County Council
15 Jan 2021Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Cabinet Office about a consultation. The Cabinet Office has failed to respond to this request. The Commissioner requires the Cabinet Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Cabinet Office must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View Cabinet Office
15 Jan 2021Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested HS2 Limited (HS2) to disclose the estimated cost of the 12 km long tunnel that is to provide a brand new rail link, between Manchester Airport and Manchester Piccadilly. HS2 refused to disclose the requested information, citing regulation 12(5)(e) of the EIR.
The Commissioner’s decision is that regulation 12(5)(e) of the EIR applies and the public interest rests in maintaining the exception. No further action is therefore required. The Commissioner has, however, found HS2 in breach of regulation 11 of the EIR, by failing to complete the internal review in 40 working days of receipt.
Exemptions cited: EIR 11; EIR 12(5)(e)
View High Speed Two (HS2) Limited
14 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about the background and length of employment of a member of staff. The Financial Ombudsman Service (“the FOS”) withheld the information under the exemption provided for personal data by section 40(2) of the FOIA.
The Commissioner’s decision is that the FOS correctly applied section 40(2). The Commissioner does not require the FOS to take any steps.
Exemptions cited: FOI 40
13 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested communications held by Defra between the Secretary of State and the Duke and Duchess of Sussex within a specific time period. Defra stated that no information was held. The Commissioner’s decision is that Defra does not hold the requested information and has complied with section 1 of the FOIA by informing the complainant that it does not hold the information he has asked for. She requires no steps to be taken.
Exemptions cited: FOI 1
13 Jan 2021Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested reasons why an officer left her role at the council shortly after he had made a complaint about her work. The council refused the request on the basis that section 40(2) of the FOI Act applied. The Commissioner’s decision is that the council was correct to apply section 40(2) to withhold the information. The Commissioner does not require the council to take any steps.
Exemptions cited: FOI 40
View Devon County Council