19 Oct 2020Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a copy of an invoice and the associated receipt of its payment from St Helens Parish Council (the “Parish Council”). During the Commissioner’s investigation, having reconsidered the wording of the request, the Parish Council advised the complainant that it did not hold the requested information. The Commissioner’s decision is that the Parish Council’s interpretation of the request is a reasonable one and she is satisfied, on the civil standard of the balance of probabilities, that the Parish Council does not hold the information requested. However, she finds that the Parish Council issued a refusal notice which was both inadequate and provided outside the statutory time period for responding. It thus breached sections 1, 10 and 17 of the FOIA, respectively.
Exemptions cited: FOI 1; FOI 10; FOI 17
View St Helens Council
19 Oct 2020Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information regarding the costs of repainting road markings in a particular location. Braintree District Council (the Council) initially stated that it did not hold the requested information. It revised its position after an internal review and disclosed some information. During the course of the Commissioner’s investigation, the Council confirmed that the requested information was not held and that the information which it disclosed had been created in order to respond to the request and to assist the complainant. The Commissioner’s decision is that, on the balance of probabilities, the Council did not hold the requested information. The Commissioner does not require the Council to take any steps as a result of this notice.
Exemptions cited: EIR 12(4)(a); EIR 5(1)
View Braintree District Council
19 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to the subject of infected blood during a specified time period. The MoJ refused to provide the requested information, relying on section 14(1) (vexatious request) of the FOIA. The Commissioner’s decision is that the MoJ was not entitled to rely on section 14(1) to refuse the request. The Commissioner requires the MoJ to take the following step to ensure compliance with the legislation: issue a fresh response to the request which does not rely on section 14(1) of the FOIA.
Exemptions cited: FOI 14
View Ministry of Justice
19 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from the NHS Commissioning Board (NHS England) about mental health funds. At the date of this notice, NHS England has not provided a response to the request. The Commissioner’s decision is as follows: NHS England has breached section 10(1) of the FOIA as it has not provided a valid response to the request within the statutory timeframe of 20 working days. The Commissioner requires NHS England to take the following step to ensure compliance with the legislation: Provide a response to the complainant’s request of 9 March 2020 that complies with the FOIA.
Exemptions cited: FOI 10
View NHS England
19 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about the recruitment and retention of prison officers. The Ministry of Justice refused the request because it estimated that the cost of complying would exceed the appropriate limit. The Commissioner’s decision is that the MoJ was entitled to rely on section 12 of the FOIA to refuse the request. She also finds that the MoJ discharged its section 16 duty to provide reasonable advice and assistance. The Commissioner does not require any further steps.
Exemptions cited: FOI 12; FOI 16
View Ministry of Justice
19 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Imperial College Healthcare NHS Trust (the Trust) about the total expenditure in the financial years 2017/18 to 2019/20 on equipment for Pathology services. The Trust originally relied on section 43 of the FOIA (prejudice to commercial interests) to withhold the requested information before subsequently disclosing it. 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. The Commissioner does not require any further steps.
Exemptions cited: FOI 10
View Imperial College Healthcare NHS Trust
16 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Mendip District Council (“the Council”) information regarding the Council’s current Strategic Risk Register. The Council withheld the information under sections 44(1) (prohibitions on disclosure), 43 (commercial interests), 36(2)(b)(ii) and 36(2)(c) (prejudice to effective conduct of public affairs) of the FOIA.
The Commissioner’s decision is that the Council correctly withheld the information under the exemptions cited. Therefore, the Commissioner does not require the Council to take any steps as a result of this decision.
Exemptions cited: FOI 36(2)(b)(ii); FOI 36(2)(c); FOI 43; FOI 44
16 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainants requested various expenditure information. Birmingham Children’s Trust had not issued a substantive response at the date of this notice. 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. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation: issue a substantive response, under the FOIA, to the request.
Exemptions cited: FOI 10
View Birmingham Children’s Hospital NHS Trust
16 Oct 2020Complaint partially upheldFreedom of Information Act 2000
The complainant has requested the Department of Health and Social Care (DHSC) to disclose information relating to concerns he raised five years ago about a named individual. The DHSC refused to comply with the request citing section 12(2) of the FOIA. The Commissioner’s decision is that the DHSC is entitled to refuse to comply with the request in accordance with section 12(2) of the FOIA. She therefore does not require any further action to be taken.
Exemptions cited: FOI 10; FOI 12; FOI 16
View Department of Health and Social Care
15 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from West London NHS Trust (the “Trust”) information about aspects of its mental health treatment services. The Trust refused to provide the requested information, citing section 12(1) of the FOIA – that the cost of complying would exceed the appropriate limit for compliance. The Commissioner’s decision is that the Trust has correctly cited section 12(1) and provided advice and assistance to the complainant at internal review stage in line with its duty under section 16(1) of the FOIA as far as it was reasonable to expect the public authority to do so. The Commissioner does not require the public authority to take any further steps. Information Tribunal appeal EA/2020/0295 struck out.
Exemptions cited: FOI 12; FOI 16
View West London NHS Trust
15 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the MOJ regarding small claims cases against the ticket company Viagogo. The MOJ has refused to confirm or deny that it holds the requested information, citing section 32(3) of the FOIA as a basis for non-confirmation or denial.
The Commissioner’s decision is that the MOJ has correctly applied section 32(3) to the requested information. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 32
View Ministry of Justice
15 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the number of a particular type of complaint about content on the BBC’s BBC News website, across a number of years. The BBC refused to comply with the request as it considered that the requested information was held for the purposes of journalism, art or literature and was therefore outside the scope of the FOIA. The complainant disputes this. The Commissioner’s decision is as follows: The information the complainant has requested is derogated and does not fall within the scope of the FOIA. The Commissioner does not require the BBC to take any remedial steps.
Exemptions cited: FOI 1
View BBC
15 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the minutes of a particular meeting from London North Eastern Railway (‘LNER’). At the date of this notice, LNER has not provided a response to the request. The Commissioner’s decision is as follows: LNER has breached section 10(1) of the FOIA as it has not provided a response to the request within the required 20 working days. The Commissioner requires LNER to take the following step to ensure compliance with the legislation: Provide a response to the complainant’s request of 29 July 2020 that complies with the FOIA.
Exemptions cited: FOI 10
View London North Western Railways
15 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from the City of York Council (“the Council”) information relating to the Council’s compliance with section 65 of the 1992 Local Government Act. By the date of this notice the Council had not issued a substantive response to the complainant’s 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.
The Council must 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 York City Council
15 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to parking restrictions in Linslade.
The Commissioner’s decision is that Central Bedfordshire Council (“the Council”) failed to respond to the request within 20 working days and therefore breached section 10 of the FOIA.
As the Council has now provided a response to the complainant, the Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 10
View Central Bedfordshire Council
15 Oct 2020Complaint partially upheldFreedom of Information Act 2000
In 2018 the complainant submitted a request to the Royal Free London NHS Foundation Trust (‘the Trust’) for information associated with the creation of a subsidiary property service company. The request covered attachments to email correspondence but the Trust did not consider the attachments in its response. The Trust has now considered the request for attachments and has refused to comply with this aspect of the original request, citing FOIA sections 12(1) (cost exceeds appropriate limit) and section 14(1) (vexatious requests). In addition, the Trust indicated to the complainant that it considered that information in the attachments would engage the exemptions under section 36(2)(prejudice to effective conduct of public affairs), section 40 (personal data), section 41 (information provided in confidence), section 42 (legal professional privilege) and section 43(2) (commercially sensitive) of the FOIA. The Trust subsequently advised the Commissioner that, at this point, it is relying
Exemptions cited: FOI 12; FOI 14
View Royal Free London NHS Foundation Trust
15 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information in relation to viewing figures for the Corona virus briefings. The BBC responded that the requested information was covered by the derogation and hence excluded from the FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of journalism, art or literature and so was not covered by the FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
Exemptions cited: FOI 1
View BBC
14 Oct 2020Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about a planning application from Shropshire Council (the “Council”). The Council provided the requested information, other than a small amount of personal information which was withheld under section 12(3) (personal data) of the EIR. The complainant did not contest the withholding of personal information. However, he did not consider that the Council had disclosed all the information it held.
The Commissioner’s decision is that, on the civil standard of the balance of probabilities, no further information is held. No steps are required.
Exemptions cited: EIR 5(1)
View Shropshire Council
14 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted two requests to the Cabinet Office seeking organograms for its staff. The first request sought organograms for staff at September 2018 and the second request sought organograms for staff at March 2019. The Cabinet Office provided information for senior staff at September 2018. However, it refused to provide the data for junior staff at September 2018, and the data for both junior and senior staff at March 2019 as it considered this to be exempt from disclosure on the basis of section 22(1) (information intended for future publication) of FOIA. The Commissioner is satisfied that Cabinet Office is entitled to rely on section 22(1) of FOIA to refuse to disclose this information and that in the circumstances of each request the public interest favours maintaining the exemption.
Exemptions cited: FOI 22
View Cabinet Office
14 Oct 2020Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from Highways England (“HE”) relating to the pain/gain share in Areas 9 and 10 from its period of operation to its termination and the reasons for termination. HE responded by citing section 14(2) of the FOIA, that it was a repeat request, and that it did not hold the information. During the Commissioner’s investigation HE withdrew its reliance on section 14(2), instead citing section 12 of the FOIA.The Commissioner’s decision is that HE has correctly cited section 12 of the FOIA. However, she has concluded that HE has breached section 16 of the FOIA because it cited its reliance on section 12 too late to make any consideration of what advice and assistance it could provide either reasonable or practicable. Despite this breach occurring, the Commissioner does not require any further action to be taken. Information Tribunal appeal EA/2020/0322 appeal dismissed.
Exemptions cited: FOI 12; FOI 16
View National Highways
13 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Cabinet Office about a specified complaint. 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
13 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Department of Health and Social Care (“DHSC”) about early evidence kits in testing for drugs used in relation to the Drug Facilitated Sexual Assault Report 2007 published by the Advisory Council on the Misuse of Drugs Secretariat. The Commissioner’s decision is that the DHSC has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the DHSC to respond to the complainant’s request in accordance with the FOIA.
Exemptions cited: FOI 10
View Department of Health and Social Care
13 Oct 2020Complaint partially upheldFreedom of Information Act 2000
The complainant has requested Highways England (HE) to disclose information relating to the operation of the pain/gain arrangement in all areas and the need for HE’s contractors to submit claim costs and recovery costs for reconciliation. Initially HE advised the complainant that the information is not held. However, during the Commissioner’s investigation it changed its stance and claimed a late reliance on section 12 of the FOIA. The Commissioner’s decision is that HE is entitled to refuse to comply with the request in accordance with section 12 of the FOIA. She has however recorded a breach of section 16 of the FOIA. This is because a late claim was made and HE had not therefore considered its duty to provide advice and assistance and if this was reasonable or practicable to do so. Although a breach of section 16 of the FOIA has occurred, the Commissioner does not require any further action to be taken on this occasion. This is because HE has explained sufficiently to the Commission
Exemptions cited: FOI 12; FOI 16
View National Highways
13 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Sussex Police about Stalking Protection Orders. Sussex Police has failed to respond to this request. The Commissioner requires Sussex Police to provide the complainant with a response to this request in accordance with its obligations under FOIA. Sussex Police must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View Sussex Police
13 Oct 2020Complaint partially upheldEnvironmental Information Regulations 2004
The complainant asked a series of questions relating to a set of gates placed in a country park. The council said that the questions were not EIR requests for information, and also that it did not hold relevant information as regards a second part of the request. The complainant was unsatisfied with the format in which the response was issued to him. The Commissioner’s decision is that the council’s response complied with the requirements of Regulation 6 in that the request did not specifically state the format with which the response should be issued. She also considers that Regulation 6 refers to the format of the disclosed information, not to the format of any response sent to a requestor. She has decided however that the council did not comply with the requirements of Regulation 11(4) in that it did not issue its review response within 40 working days. The Commissioner does not require the council to take any steps.
Exemptions cited: EIR 11(4); EIR 6(1)
13 Oct 2020Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information about the development of Temple Island. Bristol City Council had failed to respond at the date of this notice. The Commissioner’s decision is that 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 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.
Exemptions cited: EIR 5(2)
View Bristol City Council
12 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about attendance at activated alarms from Cumbria Constabulary (the “Constabulary”). The Constabulary advised the complainant that it does not hold the requested information. The Commissioner’s decision is that, on the civil standard of the balance of probabilities, the requested information is not held. No steps are required.
Exemptions cited: FOI 1
View Cumbria Constabulary
12 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust (“the Trust”) about a survey carried out by users of the Northern Region Gender Dysphoria Service (“NRGDS”). The Trust provided some information, but stated that the survey results were exempt from disclosure under section 40(2) of the FOIA – third party personal data. Subsequently, the Trust stated that it also considered the survey results to be exempt under section 36(2) of the FOIA – prejudicial to the effective conduct of public affairs, and/or section 38(1) of the FOIA – endangering health and safety. The Commissioner’s decision is that some parts of the withheld information comprise special category personal data, and were correctly withheld under section 40(2). She has also determined that the remainder of the information is exempt from disclosure under section 36(2)(c). The Commissioner does not require the Trust to take any steps.
Exemptions cited: FOI 36; FOI 40(2)
View Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust
12 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested papers circulated to the board of the UK Holocaust Memorial Foundation. The Commissioner’s decision is that the Ministry of Housing, Communities and Local Government was entitled to rely upon section 35(1)(a) to withhold the requested information. The Commissioner does not require any steps. Information Tribunal appeal EA/2020/0300 appeal dismissed.
Exemptions cited: FOI 35(1)(a)
View Ministry of Housing, Communities and Local Government
9 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has made a 110 part request for information relating to electroconvulsive therapy, serious incidents, restraints, seclusion and medication errors. The Trust refused to comply with the requests as it said it would exceed the cost limit under section 12 FOIA to do so.
The Commissioner’s decision is that the Trust was correct to apply section 12 FOIA and that it was not therefore obliged to comply with the requests. The Commissioner also considers that the Trust provided the complainant with advice and assistance in accordance with its obligations under section 16 FOIA. The Commissioner requires no steps to be taken. Information Tribunal appeal EA/2020/0292 struck out.
Exemptions cited: FOI 12
View North West Boroughs Healthcare NHS Foundation Trust
8 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has made a 110 part request for information relating to electroconvulsive therapy, serious incidents, restraints, seclusion and medication errors. The Trust refused to comply with the requests as it said it would exceed the cost limit under section 12 FOIA to do so. The Commissioner’s decision is that the Trust was correct to apply section 12 FOIA and that it was not therefore obliged to comply with the requests. The Commissioner also considers that the Trust provided the complainant with advice and assistance in accordance with its obligations under section 16 FOIA. The Commissioner requires no steps to be taken. Information Tribunal appeal EA/2020/0288 struck out.
Exemptions cited: FOI 12
View Avon and Wiltshire NHS Trust
8 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has made a 110 part request for information relating to electroconvulsive therapy, serious incidents, restraints, seclusion and medication errors. The Trust refused to comply with the requests as it said it would exceed the cost limit under section 12 FOIA to do so. The Commissioner’s decision is that the Trust was correct to apply section 12 FOIA and that it was not therefore obliged to comply with the requests. The Commissioner also considers that the Trust provided the complainant with advice and assistance in accordance with its obligations under section 16 FOIA. The Commissioner requires no steps to be taken. Information Tribunal appeal EA/2020/0290 struck out.
Exemptions cited: FOI 12
View Norfolk and Suffolk NHS Foundation Trust
8 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has made a 110 part request for information relating to electroconvulsive therapy, serious incidents, restraints, seclusion and medication errors. The Trust refused to comply with the requests as it said it would exceed the cost limit under section 12 FOIA to do so. The Commissioner’s decision is that the Trust was correct to apply section 12 FOIA and that it was not therefore obliged to comply with the requests. The Commissioner also considers that the Trust provided the complainant with advice and assistance in accordance with its obligations under section 16 FOIA. The Commissioner requires no steps to be taken. Information Tribunal appeal EA/2020/0289 struck out.
Exemptions cited: FOI 12
View Mersey Care NHS Foundation Trust
7 Oct 2020Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information about s106 contributions in respect of the development of a new Aldi Store in Malmesbury. Wiltshire County Council disclosed some information and withheld other information under the exceptions for the confidentiality of proceedings (regulation 12(5)(d)) and commercial confidentiality (regulation 12(5)(e)). During the course of the Commissioner’s investigation the public authority dropped its reliance on exceptions and disclosed the previously withheld information to the complainant. The Commissioner’s decision is that Wiltshire County Council failed to disclose the requested information within the statutory time limit and breached regulation 5(2) of the EIR. The Commissioner does not require the public authority to take any steps.
Exemptions cited: EIR 5(2)
View Wiltshire Council
7 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Cabinet Office about Brexit. 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
7 Oct 2020Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested from West Lancashire Borough Council (“the Council”), copies of all correspondence relating to advice given regarding the development brief for land between specific areas. The Commissioner’s decision is that the Council was entitled to withhold the requested information under regulation 13 of the EIR. The Commissioner does not require the Council to take any steps as a result of this decision notice.
Exemptions cited: EIR 13(1)
View West Lancashire Borough Council
7 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about a death in police custody. The Independent Office for Police Conduct (‘the IOPC’) 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 the IOPC was entitled to rely on section 14(1) of the FOIA to refuse to comply with the request. The Commissioner requires no steps as a result of this decision. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2020/0293 dismissed.
Exemptions cited: FOI 14
View Independent Office for Police Conduct
7 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Cabinet Office about Brexit. 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
6 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to allegations made against Derek McCulloch deceased. The BBC confirmed that it did not hold the requested information under section 1(1)(a) FOIA. The Commissioner considers that on the balance of probabilities, there is no recorded information held by the BBC under section 1(1)(a) FOIA falling within the scope of the request. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 1
View BBC
6 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from the University of Hull (‘the University’) about applicants to its undergraduate Medicine course. At the date of this notice, the University has not provided a response to the request. The Commissioner’s decision is as follows: The University has breached section 10(1) of the FOIA as it has not provided a response to the request within 20 working days. The Commissioner requires the University to take the following step to ensure compliance with the legislation: Provide a response to the complainant’s request of 4 June 2020 that complies with the FOIA.
Exemptions cited: FOI 10
6 Oct 2020Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information about proposed road modifications to the M25 junction 26 approaches. The Council disclosed some information but withheld the remainder citing the following regulations of the EIR: 12(5)(d) – confidentiality of proceedings; and 12(4)d – material in the course of completion. The Commissioner’s decision is that Essex County Council has incorrectly applied regulations 12(5)d to the withheld information. For regulation 12(4)d the exception is engaged, but the public interest favours disclosure. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the ‘concept’ drawing concerning the proposed modifications to the M25 junction 26 approaches.
Exemptions cited: EIR 12(4)(d); EIR 12(5)(d)
View Essex County Council
5 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the City of Bradford Metropolitan District Council (“the Council”), in relation to Penalty Charge Notice (PCN) appeals from the police force. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold the requested information. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 1
View City of Bradford Metropolitan District Council
5 Oct 2020Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about the policy considerations given to people with protected characteristics defined by the Equality Act 2010. The London Borough of Haringey originally refused the request as repeated, before later disclosing some information. The Commissioner’s decision is that the London Borough holds no additional information beyond that it has already disclosed – although it ought to have dealt with the request under the EIR. Because the London Borough did not disclose all the relevant information it held within 20 working days of receiving the request it breached regulation 5(2) of the EIR. The Commissioner does not require any further steps.
Exemptions cited: EIR 5(1); EIR 5(2)
View Haringey Council
1 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Sussex Police about traffic offence data. Sussex Police has failed to respond to this request. The Commissioner requires Sussex Police to provide the complainant with a response to this request in accordance with its obligations under FOIA. Sussex Police must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10
View Sussex Police
1 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about the process behind The NHS Commissioning Board (NHS England)’s decision to update their public guidance relating to gender dysphoria on 28 May 2020. 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
1 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Cabinet Office about a named company. 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
1 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the HM Treasury (HMT) about a Ministerial statement concerning the cost to public pension schemes as a result of a recent court case. The statement estimated that the cost would be £4bn per annum and the complainant sought a breakdown of this figure by pension scheme. HMT withheld this information on the basis of section 35(1)(a) (formulation and development of government policy). The Commissioner’s decision is that the requested information is exempt from disclosure on the basis of section 35(1)(a) of FOIA and that in all the circumstances of the request the public interest favours maintaining the exemption. Information Tribunal appeal EA/2020/0309 appeal withdrawn.
Exemptions cited: FOI 35
View HM Treasury
1 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to legal costs incurred in relation to an age discrimination case. Royal Berkshire NHS Foundation Trust (the Trust) refused to provide the requested information, citing sections 40(2)(personal information) and 43 (commercial interests) of the FOIA. The Commissioner investigated its application of section 40(2). Her decision is that the Trust applied section 40(2) appropriately to the requested information. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 40
View Royal Berkshire NHS Foundation Trust
1 Oct 2020Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Sussex Police about law enforcement involving a named individual. Sussex Police has failed to respond to this request under the FOIA. The Commissioner requires Sussex Police to provide the complainant with a response to this request in accordance with its obligations under FOIA. Sussex Police must take these steps within 35 calendar days of the date of this decision notice.
Exemptions cited: FOI 10; FOI 17
View Sussex Police
1 Oct 2020Complaint not upheld (refusal valid)Freedom of Information Act 2000
In two requests, the complainant has requested information associated with an incident at his home. The Health and Safety Executive (‘HSE’) has refused to comply with the requests which it considers to be vexatious requests under section 14(1) of the FOIA. The Commissioner’s decision is as follows: The complainant’s requests of 3 April 2019 and 15 April 2019 can be categorised as vexatious requests under section 14(1) of the FOIA and HSE is not obliged to comply with them. The Commissioner does not require HSE to take any remedial steps.
Exemptions cited: FOI 14
View Health and Safety Executive