25 Jul 2019Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested EPC (Energy Performance Certificate) and DEC (Display Energy Certificate) data, as the current dataset, which is available via an open access database is around 2 years out of date. The Ministry of Housing, Communities and Local Government (‘MHCLG’) withheld the information on the basis of regulation 12(5)(c) – intellectual property rights. The Commissioner’s decision is that the MHCLG has failed to demonstrate that regulation 12(5)(c) is engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the information withheld under Regulation 12(5)(c).
Exemptions cited: EIR 12(5)(c)
View Ministry of Housing, Communities and Local Government
25 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to the partnership between the Home Office and St. Mungo’s, including email communications between named staff from St Mungo's and the Home Office. The Home Office provided some information within the scope of the request but refused to provide the remainder, citing section 31(1)(e) (law enforcement) of the FOIA. The Commissioner investigated its application of section 31(1)(e) to the information requested at parts (2) and (3) of the request. The Commissioner’s decision is that the Home Office applied the exemption provided by section 31(1)(e) incorrectly. The Commissioner requires the Home Office to take the following step to ensure compliance with the legislation: disclose the withheld information in scope of parts (2) and (3) of the request for information, a copy of which was provided to the Commissioner during the course of her investigation, (with appropriate redactions for personal data). Information Tribunal appeal EA/2019/0371 dis
Exemptions cited: FOI 31
View Home Office
24 Jul 2019Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about the relative sustainability of three building developments. Teignbridge District Council (TDC) disclosed some information and said that it did not hold the remaining information described in the request. The Commissioner’s decision is that, on the balance of probabilities, TDC did not hold any further information falling within the scope of the request. However, by failing to disclose to the complainant all the information it did hold within the 20 working day time for compliance, the Commissioner finds that TDC breached regulation 5(2) of the EIR. And by failing to respond to the complainant’s request for an internal review within 40 working days, TDC breached regulation 11(2) of the EIR.
Exemptions cited: EIR 11(2); EIR 12(4)(a); EIR 5(2)
View Teignbridge District Council
24 Jul 2019Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from the Royal Free London NHS Foundation Trust (“the Trust”) about the creation of a wholly-owned subsidiary property service company. The Trust disclosed some correspondence to the complainant. It withheld some correspondence as being out of scope of the request, and it withheld some correspondence under section 36(2) – prejudicial to the effective conduct of public affairs. The Trust also disclosed some reports and minutes to the complainant, but withheld some information under section 43(2) – prejudicial to commercial interests. The Commissioner’s decision is that the Trust correctly withheld some correspondence as being out of scope of the request, and correctly withheld some correspondence under section 36(2). The Commissioner has also determined that the Trust correctly withheld some reports and minutes under section 43(2). However, the Trust failed to consider email attachments for disclosure as part of the bundle of correspondence, thereby
Exemptions cited: FOI 1(1); FOI 36; FOI 43(2)
View Royal Free London NHS Foundation Trust
24 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a freedom of information request to the Governing Body of the City of Liverpool College (the College) for the detailed costs of running a course. The College refused the request under the section 43(2) (commercial interests) exemption. The Commissioner’s decision is that section 43(2) was correctly applied and the public interest in maintaining the exemption outweighs the public interest in disclosure. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 43
24 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has asked Kirby Muxloe Parish Council for a copy of an audit report and briefing made to the Council about its data protection procedures. The requested information had been referred to by the Council in its correspondence with the complainant in the belief that audits had taken place during visits to the Council’s Data Processor in 2017 and 2018. The Commissioner has established that the Council does not hold the information which the complainant has asked for and therefore she has decided that the Council, in advising him of this fact, has complied with the provisions of section 1 of the FOIA.
Exemptions cited: FOI 1
24 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about investigations carried out by the Trading Standards department. The Commissioner’s decision is that the London Borough of Hounslow failed to respond to the request within 20 working days and therefore breached section 10 of the FOIA. The Commissioner does not require any further steps.
Exemptions cited: FOI 10
View London Borough of Hounslow
23 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested from the Ministry of Housing, Communities and Local Government (MHCLG) information relating to the 2012 consultation on changes to the Building Regulations. The MHCLG refused to comply with the request under section 14(1) of the FOIA because it considered that fulfilling the request would place an unjustified burden on the MHCLG and hence was vexatious. The Commissioner’s decision is that the MHCLG has failed to demonstrate that the request is vexatious. Therefore, the MHCLG was not entitled to refuse the request under section 14(1) of the FOIA. The Commissioner requires the MHCLG to issue a fresh response to the request that does not cite section 14(1).
The MHCLG 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 for 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 14(1)
View Ministry of Housing, Communities and Local Government
23 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested the total number of incidents where an unmanned aerial vehicle (‘UAV’), more commonly known as a “drone”, had been used to convey prohibited articles into or out of prisons over three specified years. The Ministry of Justice (the ‘MOJ’) adopted various positions in relation to the year 2016, but advised the Commissioner that the information was not held. It refused to provide the information for the years 2017 and 2018, citing various subsections of section 31(1), the exemption for law enforcement. The Commissioner’s decision is that, on the balance of probabilities, the MOJ does hold information for the year 2016. She also finds that sections 31(1)(a), (b), (c) and (f) are not engaged in relation to the withheld information for the years 2017 and 2018. Her position is set out in a confidential annex which will be provided to the MOJ only. The Commissioner therefore requires the MOJ to issue a fresh response in relation to the withheld information for 2016 and
Exemptions cited: FOI 1; FOI 31
View Ministry of Justice
22 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from Highways England (HE) the names of the local authorities with litter clearing responsibilities it intends to issue a briefing note to. The Commissioner’s decision is that, on a balance of probabilities, HE does not hold information within the scope of the request. The Commissioner does not require HE to take any steps. Information Tribunal appeal EA/2019/0277 appeal dismissed.
Exemptions cited: FOI 1
View National Highways
22 Jul 2019Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information about an Economic Viability Assessment. Hartlepool Borough Council disclosed some information, and withheld the remainder under regulations 12(5)(e) and 12(5)(f). The Commissioner’s decision is that the Council has failed to demonstrate that regulations 12(5)(e) and 12(5)(f) are engaged. The Council has also breached the requirement of regulation 5(2). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the withheld information. Information Tribunal appeal EA/2019/0288 dismissed.
Exemptions cited: EIR 12(5)(e); EIR 12(5)(f); EIR 5(2)
View Hartlepool Council
22 Jul 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant made a request relating to TB testing results. APHA refused to comply with the request under section 14(1) FOIA as it considered the request to be vexatious. The Commissioner considers that APHA incorrectly dealt with the request under FOIA. However the Commissioner does consider that the request can be categorised as vexatious under regulation 12(4)(b) EIR. The Commissioner requires no steps to be taken. Information Tribunal appeal EA/2019/0295 appeal allowed.
Exemptions cited: EIR 12(4)(b)
View Animal and Plant Health Agency
22 Jul 2019Complaint partially upheldFreedom of Information Act 2000
In a multi-part request to the University of the Arts London (UAL) the complainant has requested information on legal matters brought against UAL’s colleges. UAL released some relevant information and relied on section 40(2) of the FOIA (third person personal data) to withhold specific information the complainant has requested. The Commissioner’s decision is as follows: ULA can withhold the specific details the complainant has requested under section 40(2) as this information is the personal data of third persons. UAL breached section 10(1) and section 17(1) of the FOIA as it did not communicate information it holds or provide a refusal notice where appropriate within 20 working days. The Commissioner does not require UAL to take any remedial steps.
Exemptions cited: FOI 10; FOI 17; FOI 40
View University of the Arts, London
22 Jul 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested copies of site audit reports about a cycle lane scheme. The request was refused as vexatious. The Commissioner’s decision is that the London Borough of Enfield should have dealt with the request under the EIR but that it would have been entitled to have relied upon Regulation 12(4)(b) of the EIR (Manifestly Unreasonable) to have refused the request in any case. The Commissioner does not require the London Borough to take any further steps in respect of this request.
Exemptions cited: EIR 12(4)(b)
View Enfield Council
22 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Police Service of Northern Ireland (‘PSNI’) relating to voluntary attenders at police stations regarding abortion-related offences. The PSNI refused the request, citing the cost limit as set out in section 12(1) of the FOIA as a basis for non-disclosure.
The Commissioner’s decision is that the PSNI has correctly applied section 12(1) of the FOIA to the complainant’s request and therefore requires no steps to be taken.
Exemptions cited: FOI 12
View Police Service of Northern Ireland
22 Jul 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested various information about the use of a playing field. Easton on the Hill Parish Council disclosed some information, and stated that the majority of that sought by the request was not held. The Commissioner’s decision is that, on the balance of probabilities, the Council has disclosed all held information. However, the Council breached section 10(1) by disclosing information outside the time for compliance. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 1; FOI 10
22 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
Through a nine part request the complainant has requested information from West Midlands Combined Authority (WMCA) about the rebranding of certain of its services. WMCA provided a response to each part of the request. The complainant is dissatisfied with WMCA’s response to three parts of the request; he considers that WMCA holds information relevant to these parts in recorded form that it should release. The Commissioner’s decision is as follows: WMCA has complied with section 1(1) with regards to parts 4, 5 and 6, as these parts are phrased. The Commissioner does not require WMCA to take any remedial steps.
Exemptions cited: FOI 1
View West Midlands Combined Authority
22 Jul 2019Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information about the preferred bid for the disposal and development of specific property owned by Dorset Council. The Council disclosed some information, and withheld the remainder under the exception provided by 12(5)(e). The Commissioner’s decision is that the Council has failed to demonstrate that regulation 12(5)(e) is engaged. The Council has also breached the requirement of regulation 5(2). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the withheld information.
Exemptions cited: EIR 12(5)(e); EIR 5(2)
View Dorset County Council
22 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information on the London Borough of Hillingdon’s (“the Council”) reliance on the Local Government (Access to Information) Act 1985 to withhold specific information. The Commissioner’s decision is that the Council inappropriately relied on section 21(1) in the first instance whilst later creating a spreadsheet to provide the requested information. The Commissioner finds a procedural breach of section 17(1) in not providing a refusal notice within 20 working days. The Commissioner therefore does not require the public authority to take any steps to ensure compliance with the legislation.
Exemptions cited: FOI 17; FOI 21
View Hillingdon Council
19 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested copies of the Metropolitan Police Service’s contracts for the provision of cleaning services. The Commissioner’s decision is that the Metropolitan Police Service (MPS) 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 MPS to issue a substantive response to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View Metropolitan Police Service
19 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information related to council spending for deaf children and young people’s education.
The Commissioner’s decision is that the London Borough of Croydon (“the London Borough”) failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA.
The Commissioner requires the London Borough 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 London Borough of Croydon
19 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information related to the provision of specialist education services for deaf children and young people. The request formed part of a nationwide series of requests submitted to public authorities for information of this nature.
The Commissioner’s decision is that London Borough of Sutton (“the London Borough”) failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
The Commissioner requires the London Borough 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 London Borough of Sutton
19 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant originally made a request for information which in broad terms, related to guidance on dealing with patients who had suffered domestic abuse. Following the refusal of that request under section 12, the complainant submitted a refined request. The Department of Health and Social Security (DH&SC) responded to that request. Although the complainant was satisfied with the information that he was provided with, he complained about the time it had taken the DH&SC to provide that response. The Commissioner’s decision is that the DH&SC failed to respond to the request within the twenty working days. It has therefore breached section 10 of the FOIA. As the information was ultimately provided to the complainant, the Commissioner does not require the public authority to take any further action in this matter.
Exemptions cited: FOI 10
View Department of Health and Social Care
18 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Department of Finance (DoF) in relation to business related e-mails. The DoF informed the complainant that it does not hold information within the scope of his request. The Commissioner’s decision is that the DoF does not hold any information within the scope of the complainant’s request and has therefore complied with section 1 of the FOIA. Therefore the Commissioner requires no steps to be taken.
Exemptions cited: FOI 1
View Department of Finance
18 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested Options Appraisals relating to tower blocks and information on which Northern Ireland Housing Executive (NIHE) based decisions about its stock of tower blocks. NIHE withheld the Options Appraisals under section 36(2)(c)(prejudice to the effective conduct of public affairs). The Commissioner’s decision is that, at the time of the request, the Options Appraisals were exempt information under section 36(2)(c) of the FOIA and the public interest favoured maintaining this exemption. The Commissioner does not require NIHE to take any remedial steps.
Exemptions cited: FOI 36
View Northern Ireland Housing Executive
18 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from CDC Group PLC (“CDC”) about companies in Myanmar, Burma that had received money from its investments. CDC provided some of this information but refused to provide a list of contractors it held who were carrying out work for Irrawaddy Green Tower Project (“IGT”) a recipient of its investment, citing section 43(2) – commercial interests. The Commissioner’s decision is that, although section 43(2) is engaged in respect of the withheld information, the public interest in favour of releasing it outweighs that in maintaining the exemption. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation:
Disclose the list of contractors working for IGT that was withheld under section 43(2).
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 H
Exemptions cited: FOI 43(2)
18 Jul 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information with regards to a public footpath that crosses farmland. Warwickshire County Council (the council) provided the information but withheld some under regulation 12(5)(b) of the EIR – Course of Justice and 12(4)(e) of the EIR – Internal Communications. During the Commissioner’s investigations, the council no longer sought to rely on regulation 12(4)(e) of the EIR and provided the information that was previously withheld under that exception. It maintained its reliance on regulation 12(5)(b) of the EIR to the other withheld information. The Commissioner’s decision is that regulation 12(5)(b) of the EIR is engaged. The Commissioner does not require the council to take any steps.
Exemptions cited: EIR 12(5)(b)
View Warwickshire County Council
18 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
In a request to the Local Government and Social Care Ombudsman (‘the LGO’) the complainant has requested information about its complaints processes. The LGO’s position is that the relevant information it holds is published on its website and that the information is therefore exempt from disclosure under section 21(1) of the FOIA as it is accessible to the complainant by other means. The Commissioner’s decision is that the information that the LGO holds that is relevant to the complainant’s request is accessible to the complainant on its website and that section 21(1) is therefore engaged. The Commissioner does not require the LGO to take any remedial steps.
Exemptions cited: FOI 21
View Local Government and Social Care Ombudsman
18 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to an accident he was involved in and subsequent referral to the Health & Safety Executive (HSE). The Commissioner’s decision is that HSE does not hold any information within the scope of the request and has complied with its obligations under section 1 of the FOIA. The Commissioner does not require HSE to take any action as a result of this decision notice.
Exemptions cited: FOI 1
View Health and Safety Executive
18 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the responses to two consultation exercises that the Kendrick School (the School) had carried out. The School refused the request under section 14(1) on the basis that it was vexatious. At the internal review stage the School also applied section 12 to refuse the request on the basis that the cost of compliance would exceed the appropriate (cost) limit. The Commissioner’s decision is that the School is not entitled to rely on either section 12 or section 14 to refuse the request. The Commissioner requires the public authority to issue a fresh response to the complainant in accordance with its obligations under the FOIA, which does not rely on sections 12, or 14(1)
Exemptions cited: FOI 12; FOI 14
View KENDRICK SCHOOL
18 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the names and affiliations of the persons who comprised the Government Commercial Organisation’s (GCO) Commercial Assessment and Development Centre’s (ADC) accreditation committee as at 1 August 2017. The Cabinet Office did not respond to the request, therefore the Commissioner’s decision is that the Cabinet Office has failed to comply with section 10(1) of the FOIA. The Commissioner requires the Cabinet Office to respond to the request.
Exemptions cited: FOI 10
View Cabinet Office
18 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to the role of the Chamber President of the Upper Tribunal (Administrative Appeals Chamber). The Commissioner’s decision is that the Ministry of Justice (MOJ) breached section 10(1) of the FOIA by failing to comply with section 1(1) within the statutory time for compliance. The Commissioner does not require any steps to be taken in respect of this request.
Exemptions cited: FOI 1; FOI 10
View Ministry of Justice
18 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the ending of an alliance agreement between West Mercia and Warwickshire police forces from the Office of the Police and Crime Commissioner for West Mercia (the “OPCC”). The OPCC refused to disclose the requested information citing sections 43(2) (commercial interests) and 42(1) (legal professional privilege) of the FOIA. The Commissioner’s decision is that the OPCC was entitled to rely on section 42(1) to withhold the requested information. No steps are required.
Exemptions cited: FOI 42
17 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to the GMC’s decision to appeal the Medical Practitioners Tribunal (MPT) decision on a particular case. The GMC responded refusing to disclose the requested information citing section 42 of the FOIA. The Commissioner’s decision is that the GMC was incorrect to refuse to disclose the requested information under section 42 of the FOIA. The Commissioner requires the public authority to disclose the information withheld under section 42 FOIA.
Exemptions cited: FOI 42
View GMC
17 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to Security Service files of BBC employees from the Home Office (“HO”). Initially, the HO would neither confirm nor deny holding any information citing section 23(5)(information supplied by, or relating to bodies dealing with security matters) of the FOIA. During the Commissioner’s investigation the HO revised its position advising that the requested information is not held. The Commissioner’s decision is that, on the civil standard of the balance of probabilities, the HO does not hold the requested information. No steps are required. Information Tribunal appeal EA/2019/0282 under appeal. Information Tribunal appeal GIA/753/2020 PTA Refused.
Exemptions cited: FOI 1
View Home Office
17 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information on the service records of both retired and active police officers. Northamptonshire Police failed to respond to the request within 20 working days and has therefore breached section 10(1) of FOIA. The Commissioner requires Northamptonshire Police to provide a response to the request.
Exemptions cited: FOI 10
View Northamptonshire Police
17 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about the total police hours spent in each local authority between April 2018 and April 2019. Humberside Police failed to respond to the request within 20 working days and has therefore breached section 10(1) of FOIA. The Commissioner requires Humberside Police to provide a response to the request.
Exemptions cited: FOI 10
View Humberside Police
16 Jul 2019Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information regarding income streams for the Parks and Greenspaces Department of the London Borough of Merton (the Council). The Council disclosed some information but withheld specified information under regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the exception at regulation 12(5)(e) is engaged with regard to the withheld information and the public interest favours maintaining the exception. However, as the Council did not provide the disclosed information within the statutory timeframe, it has breached regulation 5 of the EIR. The Commissioner does not require the Council to take any steps.
Exemptions cited: EIR 12(5)(e); EIR 5(2)
View Merton Council
16 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information related to a TV programme submitted to Ofcom by a local television station. The Commissioner’s decision is that Ofcom does not hold any further information that is within the scope of the complainant’s request. The Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2019/0279 under appeal.
Exemptions cited: FOI 1
View Ofcom
16 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Plymouth City Council (“the Council”) including a copy of the contract for the Plymouth Octopus Project, the full service specification, fiscal value, key performance indicators and full monitoring of said account for 2012-2019. The Commissioner’s decision is that Council 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 does not require the Council to take any further steps.
Exemptions cited: FOI 10
View Plymouth City Council
16 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information regarding the Financial Conduct Authority’s (FCA) investigation of the management fees charged on closet tracker funds. So far as is relevant, the FCA refused the first and third part of the request under the exemptions provided by section 31 – law enforcement, section 43 – prejudice to commercial interests and section 44 – statutory prohibition. It also refused part five of the request under section 12 – on the basis that complying with that element of the request would exceed the appropriate (cost) limit. During the course of the Commissioner’s investigation the FCA withdrew its reliance on section 12 in respect of part five and instead applied the exemptions provided by sections 31, 43 and 44 to that information. The Commissioner’s decision is that the FCA is entitled to withhold the requested information under the exemptions provided sections 31 and 44. The Commissioner does not require the public authority to take any further action in thi
Exemptions cited: FOI 31; FOI 44
View Financial Conduct Authority
15 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about declaring gifts from and royalties to record artists. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside 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
15 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from the Department for the Economy (‘DFE’) in relation to the winding up of a named company. The DFE applied section 14(1) of the FOIA to the complainant’s request. The Commissioner’s decision is that the DFE has incorrectly relied
upon section 14(1) of the FOIA in relation to the complainant’s request.
Therefore the Commissioner requires the DFE to take the following steps:-
Issue a fresh response without reliance on section 14(1). The DFE 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 14
15 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to numbers of Downs Syndrome births. The Airedale NHS Foundation Trust (the Trust) refused to provide the requested information citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the Trust has correctly applied section 40(2) of FOIA to the withheld information. The Commissioner does not require the public authority to take any steps as a result of this decision notice. Information Tribunal appeal EA/2019/0285 dismissed.
Exemptions cited: FOI 40
View Airedale NHS Foundation Trust
15 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
In a nine part request the complainant has requested from UK Research and Innovation (UKRI) information on its grant funding for mental health research and more general funding matters. UKRI has categorised the request as vexatious under section 14(1) of the FOIA. The Commissioner’s decision is as follows: The complainant’s request of 27 July 2018 is vexatious under section 14(1) and UKRI is not obliged to comply with it. The Commissioner does not require UKRI to take any remedial steps. Information Tribunal appeal EA/2019/0286 allowed.
Exemptions cited: FOI 14
View UK Research and Innovation
15 Jul 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Northern Ireland Ambulance Service (NIAS) regarding a recruitment process. The NIAS has not to date provided a response to the complainant’s request.
The Commissioner’s decision is that the NIAS has breached sections 1(1)(b) and 10(1) of FOIA. The Commissioner requires the NIAS to take the following steps to ensure compliance with the legislation.
To provide a full response to the complainant’s request
The NIAS must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 1; FOI 10
View Northern Ireland Ombudsman
15 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has asked Old Somerby Parish Council for a copy of records which relate to his concerns about the accuracy of the Council’s minutes of meetings. The records which the complainant seeks are for the period 8 November 2017 and 27 November 2017. The complainant has also asked the Council for a copy of an audio recording made by the Clerk of the Council at its meeting of 8 November 2017. The Commissioner’s decision is that Old Somerby Council breached section 1 of the FOIA by failing to provide the complainant with a copy of the recording it held at the time it received his request, or to issue an appropriate refusal notice under section 17 of the FOIA. She has also decided that the council breached section 1 of the FOIA by failing to provide the complainant with a copy of the emails which passed between councillors and its former Clerk which were generated from the date of the complainant’s request to the meeting of the Council on 13 September 2017. The Commissioner has dec
Exemptions cited: FOI 1; FOI 10
15 Jul 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information on a proposed gondola between Thornthwaite and Whinlatter. The Lake District National Park Authority (LDNPA) withheld information on the basis of regulation 12(5)(e) and 12(5)(f) of the EIR. The Commissioner’s decision is that the LDNPA has correctly applied the exception from disclosure at regulation 12(5)(e) to the information and the balance of the public interest favours withholding the information. No steps are therefore required. Information Tribunal appeal EA/2019/0281 allowed.
Exemptions cited: EIR 12(5)(e)
View Lake District National Park Authority
15 Jul 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has asked Old Somerby Parish Council for a copy of records which relate to his concerns about the accuracy of council minutes. The complainant seeks emails which have passed between the Council’s Clerk and councillors, which were generated between 27 November 2017 and 24 April 2018. The complainant also asked the Council to provide him with a copy of an audio recording of the Parish Council meeting of 10 January 2018. The Commissioner’s decision is that Old Somerby Parish Council breached section 1 of the FOIA by failing to provide the complainant with a copy of the recording he has asked for, or by failing to issue an appropriate refusal notice under section 17 of the FOIA. The Commissioner likewise finds that the Council breached section 1 by failing to provide the complainant with a copy of the emails which relate to the accuracy of Council minutes generated from 27 November 2017 and 24 April 2018. The Council’s recent disclosure to the complainant has now, on the ba
Exemptions cited: FOI 1; FOI 10
15 Jul 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested regarding the managers and area managers of Jobcentre Plus and Benefit Delivery Centres. The Department for Work and Pensions (DWP) provided some of the information and relied on section 21 in relation to an element of the request. DWP has withheld the remaining information under section 40(2) of the Act. The Commissioner’s decision is that DWP is entitled to rely on section 40(2) to withhold the remaining information. She does however find that DWP breached section 10(1) of the Act as it did not confirm or deny whether it held some of the information requested within the specified timeframe. The Commissioner does not require DWP to take any steps.
Exemptions cited: FOI 10; FOI 40
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