27 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the voting process for Eurovision: You Decide 2019. The BBC said that the requested information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information is held by the BBC for the purposes of ‘journalism, art or literature’ and does not fall within the scope of 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
27 Mar 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about total planned journey times for Peterborough City Council’s Home to School Transport service. The Council maintained that it did not hold this information. The Commissioner’s decision is that Peterborough City Council has breached section 1 of the FOIA by failing to confirm it holds information falling within the scope of the request and communicating that information to the complainant. The Commissioner requires the public authority to issue a fresh response to the complainant’s request on total planned/suggested journey times. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: FOI 1
View Peterborough City Council
26 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about any affiliation the Police and Crime Commissioner for Hampshire may have, or might have had, with Freemasonry. The Commissioner decided that the Office of the Police and Crime Commissioner for Hampshire did not hold relevant information and therefore that it had complied with section 1(1) FOIA. The Commissioner does not require the public authority to take any steps to comply with the legislation. Information Tribunal appeal EA/2019/0100 appeal dismissed.
Exemptions cited: FOI 1
26 Mar 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has submitted a 9-part request to Causeway Coast and Glen Borough Council for information relating to planning application reference LA01/2016/0335/F. The Commissioner’s decision is that the Council has correctly applied the provision of Regulation 6(1)(b) of the EIR to parts A, B, C , H & I of the complainant’s request and that the Council has complied with its duty under regulation 5(1) of the EIR by informing the complainant that it does not hold recorded information in respect of D, E, F and G of his request.
Exemptions cited: EIR 5(1); EIR 6(1)(b)
26 Mar 2019Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information regarding a specific planning application. The London Borough of Merton (the Council) originally refused the request on the basis of the exception at regulation 13 of the EIR (personal data). It subsequently cited further exceptions: regulation 12(4)(b) (manifestly unreasonable request), regulation 12(4)(d) (material in the course of completion) and regulation 12(4)(e) (internal communications). The Commissioner’s decision is that the Council has failed to demonstrate that any of the exceptions cited are engaged with respect to the requested information. Therefore the Commissioner requires that the information be disclosed.
Exemptions cited: EIR 12(4)(b); EIR 12(4)(d); EIR 12(4)(e)
View Merton Council
26 Mar 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant made a request to Defra for all of the briefing notes and information given to Therese Coffey which include references to fly-tipping. Defra provided some information in response to the request but refused to disclose some information under regulation 12(4)(e) EIR. The Commissioner’s decision is that Defra correctly applied regulation 12(4)(e) EIR to the withheld information. The Commissioner requires no steps to be taken. Information Tribunal appeal EA/2019/0097 under appeal.
Exemptions cited: EIR 12(4)(e)
26 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from the Department for Communities Northern Ireland (‘the DfC’) regarding the number of complaints it had received against a particular DA (‘Disability Assessor’). The DfC refused to comply with the request and citied section 40(5)(b)(a)(i) of the FOIA as a basis for this. The Commissioner’s decision is that the DfC was entitled to rely on section 40(5)(b)(a)(i) FOIA as the basis for not complying with the duty set out in section 1(1)(a) FOIA to either confirm or deny whether the requested information is held. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 40
View Department for Communities (Northern Ireland)
26 Mar 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information, in multiple requests, from the DWP, in February 2018.The Commissioner’s decision is that DWP correctly relied on section 12 (aggregate costs) not to provide the majority of the requested information but not all that was requested. Information Tribunal appeal EA/2019/0118 Appeal Allowed in Part.
Exemptions cited: FOI 12
View Department for Work and Pensions
26 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information in respect of the change of Councillors on the Welsh Church Act Estate Committee. The Vale of Glamorgan Council provided some information in respect of the request however the complainant considers it holds additional information. The Commissioner’s decision is that the Vale of Glamorgan Council has complied with its obligations under section 1(1) of the FOIA. The Commissioner does not require the public authority to any steps. Information Tribunal appeal EA/2019/0094 struck out.
Exemptions cited: FOI 1
View Vale of Glamorgan Council
26 Mar 2019Complaint partially upheldFreedom of Information Act 2000
The complainant requested information from Bournemouth Borough Council (“the Council”) relating to an investigation which may have been carried out by a former Chief Executive into the conduct of a councillor. The Commissioner’s decision is that the Council breached the time for compliance with the FOIA, since it did not respond to the complainant’s request within 20 working days. However, she has found that the Council has correctly withheld the recorded information it holds under section 41(1) of the FOIA – information provided in confidence – and section 42(1) of the FOIA – legal professional privilege - respectively. She is also satisfied that no further recorded information relevant to the request was held at the date of the request. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 1; FOI 10; FOI 41; FOI 42
View Bournemouth Borough Council
26 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from North Lincolnshire Council (“the Council”) about the cost of printing and posting a specific leaflet. He also requested a copy of members’ expenses for the last financial year. The Council responded to say that it did not hold the information requested. The Commissioner’s decision is that on the balance of probabilities the Council does not hold the specific information that was requested. The Commissioner requires no further steps to be taken.
Exemptions cited: FOI 1; FOI 3
View North Lincolnshire Council
26 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has submitted a request for an organogram of its public-facing staff to the Parliamentary and Health Service Ombudsman (‘PHSO’). PHSO provided some general information, applied section 21(1) of the FOIA to other information (reasonably accessible information) and said it does not hold the specific information the complainant has requested. The Commissioner’s decision is as follows: On the balance of probabilities PHSO does not hold the specific information the complainant has requested and has complied with section 1(1)(a) of the FOIA with regards to this information. The information that PHSO holds which is broadly related to the complainant’s request is exempt information under section 21(1). The Commissioner does not require PHSO to take any remedial steps.
Exemptions cited: FOI 1; FOI 21
View The Parliamentary and Health Service Ombudsman
26 Mar 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information regarding correspondence between Highways England and Mrs Gillian Keegan MP. Highways England (HE) did not respond within the statutory 20 working days prescribed by FOIA. The Commissioner’s decision is that in failing to communicate to the complainant the information it held to fulfil the request within the statutory timescale of 20 working days, HE breached section 10(1) (time for compliance) of the FOIA.
Exemptions cited: FOI 10
View National Highways
25 Mar 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested, from the DWP, the “packs of information” provided to the Universal Credit programme board members for April, May and June 2017.The DWP relies on sections 43 (commercial interests), 35 (formulation of government policy), 40(2) (personal data) and 31 (the prevention or detection of crime) to withhold some of the requested information. The Commissioner’s decision is that DWP incorrectly relied on sections 43, 35, but correctly relied on section 31, to withhold requested information. Information Tribunal appeal EA/2019/0128 withdrawn.
Exemptions cited: FOI 31; FOI 35; FOI 43
View Department for Work and Pensions
25 Mar 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested various information about job evaluations (request 1), and then subsequently, the internal communications relating to the handling of request 1 (request 2). In respect of request 1, the Council refused to comply under section 12(1), and in respect of request 2, the Council disclosed some held information but withheld the remainder under section 42(1). The Commissioner’s decision is that, in respect of request 1, the Council has failed to demonstrate that section 12(1) is engaged, and has also breached section 17(1). In respect of request 2, the Council is entitled to withhold specific information under section 42(1), but has breached section 10(1) and section 17(1). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Issue a fresh response to request 1 that does not rely upon section 12(1).
Exemptions cited: FOI 10; FOI 12; FOI 17; FOI 42
View Birmingham City Council
25 Mar 2019Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information on the plaque to Cecil Rhodes on number 6 King Edward Street, Oxford. The Commissioner’s decision is that Historic England correctly considered the request under the EIR. She agrees that the requested information comprises information within the scope of the regulation 12(4)(e) exception – internal communications. However, the Commissioner considers that the public interest favours disclosure. She requires the public authority to take the following steps to ensure compliance with the legislation.
Disclose the document “Advice Report”.
The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 12(4)(e)
View Historic England
25 Mar 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested from the Home Office information about expenses claims made by the Surveillance Camera Commissioner. The Home Office disclosed most of the requested information, including information about individual amounts claimed, but it withheld copies of receipts submitted in support of subsistence claims. It said this information was exempt under section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 40(2) of the FOIA to withhold the receipts. However, she found that it breached section 1 and section 10 of the FOIA by failing to respond to the request within the statutory time for compliance.
Exemptions cited: FOI 1; FOI 10; FOI 40
View Home Office
25 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested details of correspondence between four named parties and itself from Essex Police (“EP”). EP would neither confirm nor deny (“NCND”) whether or not it holds any information, citing the exemptions at sections 30(3) (investigations and proceedings) and 40(5) (Personal information) of the FOIA. The Commissioner’s decision is that EP was entitled to rely on section 40(5) of the FOIA. No steps are required.
Exemptions cited: FOI 40
View Essex Police
25 Mar 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about the decision by Lancashire County Council to withhold reimbursement payments to a bus operator. Following decision notice FS50705926, the Council disclosed held information and withheld some under section 41. The Commissioner’s decision is that the Council has failed to demonstrate that section 41 is engaged.
The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the withheld information, ensuring that any personal data is redacted under the terms of the Data Protection Act 2018.
Exemptions cited: FOI 41
View Lancashire County Council
22 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested recorded information from Fareham Borough Council relating to planning application P/16/0557/AO submitted by National Grid IFA2 Ltd. The Council has withheld some information from the complainant in reliance on section 40(2), 41 and 43 of the FOIA. The Commissioner has decided that Fareham Borough Council is entitled to rely on section 40(2) of the FOIA to withhold the personal data of individuals which are contained in some of the emails, letters and attachments which have been disclosed to the complainant. The Commissioner has also decided that the Council has properly applied the exemption provided by section 41 to withhold the draft IFA2 Interconnector Assessment Report and on section 43 to withhold various pieces of information where their disclosure would prejudice the Council’s commercial interests.
Exemptions cited: FOI 40; FOI 41; FOI 43
View Fareham Borough Council
22 Mar 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about planning matters relating to specific addresses. The Council disclosed some information under the terms of the Data Protection Act 1998, but withheld the remainder under regulation 13(1) of the Environmental Information Regulations 2004. The Commissioner’s decision is that the Council has correctly applied regulation 13(1), and that, on the balance of probabilities, all information (which does not represent the complainant’s personal data) has been identified. The Commissioner does not require the public authority to take any steps.
Exemptions cited: EIR 13(1); EIR 5(1)
View North Somerset Council
22 Mar 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information on a specific planning application with respect to the actions of a named officer. The Commissioner’s decision is that the London Borough of Barnet was entitled to rely on regulation 12(4)(b) – the request for information being manifestly unreasonable – to refuse to comply with the request. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation. Information Tribunal appeal EA/2019/0140 allowed.
Exemptions cited: EIR 12(4)(b)
View Barnet Council
22 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to instances when time with or access to the Governor of the Bank of England was won or secured through charitable or social events. The public authority disclosed some of the information held. It withheld the names of the individuals who had secured visits to the Bank of England including tea with the Governor following successful bids at three charitable auctions and, the winning bid amounts. The information was withheld on the basis of the exemption at section 40(2) FOIA (personal data). The identity of a School that hosted one of the charitable auctions was additionally withheld on the basis of the exemption at section 38(1)(b) FOIA (health and safety). The Commissioner concluded that the public authority was entitled to rely on the exemptions at sections 38(1)(b) and 40(2).
Exemptions cited: FOI 38(1)(b); FOI 40(2)
View Bank of England
21 Mar 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested papers, agendas, minutes and documents relating to a tender by NHS Ealing CCG for community services. The CCG confirmed it held a business case, agenda, additional considerations paper and minutes but refused to provide these on the basis of section 43(2) of the FOIA. The CCG later sought to also apply section 22 to the business case and additional considerations paper. The Commissioner’s decision is that section 22 has not been correctly applied by the CCG. In relation to section 43, the Commissioner finds that only limited information in the requested documents engages this exemption but the information that does engage the exemption has been correctly withheld under section 43(2). The Commissioner requires the public authority to disclose all information in the requested documents which does not engage section 43(2). The information that engages section 43(2) as identified by the CCG and in the confidential annex provided to the public authority can be
Exemptions cited: FOI 22; FOI 43
21 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of an NHS inquiry into an Immigration Removal Centre. This was initially refused by Nottinghamshire Healthcare NHS Foundation Trust (“the Trust”) on the basis of section 36(2)(c) of the FOIA. The Trust later sought to also apply the exemptions from disclosure at section 31, 41 and 40 of the FOIA. The Commissioner’s decision is that the Trust has correctly applied the provisions at section 31(e) and (f) and that the public interest favours maintaining the exemption. She requires no steps to be taken.
Exemptions cited: FOI 31
View Nottinghamshire Healthcare NHS Foundation Trust
21 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested Closed file PREM 15/1184/1. TNA refused to disclose the requested information under section 37(1)(a), 40(2) and 41 FOIA. The Commissioner’s decision is that TNA has correctly applied section 37(1)(a) FOIA to the withheld information. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 37
View The National Archives
21 Mar 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to the mental health services NHS Liverpool Clinical Commissioning Group (the CCG) has commissioned for Black and Minority Ethnic individuals/community since its inception. The CCG disclosed the recorded information it holds. The complainant believes the CCG holds further recorded information and has breached the FOIA whilst handling his request. The Commissioner’s decision is that on the balance of probabilities the CCG does not hold any further recorded information to that already disclosed. The Commissioner has however found the CCG in breach of section 10(1) of the FOIA in this case. The Commissioner does not require any further action to be taken.
Exemptions cited: FOI 1; FOI 10(1)
20 Mar 2019Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested the minutes of meetings that took place between the Ards and North Down Borough Council’s (the council) Planning and Environmental Health departments, his local golf club and/or their consultants and local residents. The council disclosed one set of notes, with a paragraph redacted under regulation 13 of the EIR. The council however refused to disclose the remaining set of minutes under regulations 12(5)(b) and 12(5)(f) of the EIR. The complainant is concerned with the remaining set of minutes and the council’s refusal to disclose this information. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(b) of the EIR and that the public interest rests in favour of maintaining the exception. The Commissioner has however found the council in breach of regulations 11 and 14(2) and 14(3) of the EIR. The Commissioner does not require any further action to be taken. Information Tribunal appeal EA/2019/0143 under appeal.
Exemptions cited: EIR 11; EIR 12(5)(b); EIR 14
20 Mar 2019Complaint partially upheldFreedom of Information Act 2000
The complainant requested information relating to the Northern Ireland Road Safety Partnership. The Police Service of Northern Ireland (‘PSNI’) refused to comply with the request on the basis that to do so would exceed the appropriate limit in costs set by section 12(1) (cost of compliance) of FOIA. The Commissioner’s decision is that PSNI correctly applied section 12(1) and found that there is no breach of section 16(1) (the duty to provide advice and assistance) of FOIA. However, by failing to respond to the request and issue a refusal notice within the statutory timescale of 20 working days, the Commissioner finds that PSNI has breached sections 10 (time for compliance) and 17 (refusal of a request) of FOIA. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 10; FOI 12; FOI 16; FOI 17
View Police Service of Northern Ireland
20 Mar 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to a change made to the knowledge of language and life requirement for those applying for settlement or British Citizenship. The Commissioner’s decision is that the Home Office 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 Home Office to issue a substantive response to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View Home Office
20 Mar 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested photographs relating repair works undertaken inside a specific property. The Council provided some information, but this was not the requested information. Following the Commissioner’s intervention the Council provided the complainant with the requested information. The Commissioner’s decision is that the public authority has complied with the complainant’s request, but only did so following the Commissioner’s intervention. Since the requested information was not disclosed within the statutory time for compliance the Commissioner finds that the public authority failed to comply with section 1(1)(a) and section 10(1). The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 10
View Ealing Council
19 Mar 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information from Antrim & Newtownabbey Borough Council (‘the Council’) in relation to a pig farm construction site within the Council’s area. The Council disclosed some of the requested information, stated that it did not hold some of the information, and refused to disclose the remainder, citing regulation 12(5)(b) of the EIR as a basis for non-disclosure. The Commissioner’s decision is that the Council has correctly applied regulation 12(5)(b) of the EIR to the information withheld under that regulation and that it holds no further information within the scope of the complainant’s request apart from that which it has already disclosed to the complainant. Therefore, the Commissioner requires no steps to be taken.
Exemptions cited: EIR 12(4)(a); EIR 12(5)(b)
19 Mar 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information relating to Peregrine Falcon nest sites. Natural Resources Wales (‘NRW’) withheld the information requested under regulation 12(5)(g) of the EIR. The Commissioner’s decision is that NRW correctly applied regulation 12(5)(g) to the request. She does not require any steps to be taken.
Exemptions cited: EIR 12(5)(g)
View Natural Resources Wales
19 Mar 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested a copy of a note issued to planning service staff. The Commissioner’s decision is that Armagh City, Banbridge and Craigavon Borough Council breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. As a response has now been provide the Commissioner does not require the Armagh City, Banbridge and Craigavon Borough Council to take any steps.
Exemptions cited: FOI 10(1)
19 Mar 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested all information relating to all of the teaching staff at Christ’s College Finchley (the School) between the years 1984 and 1990. The School withheld this information on the basis of section 40(2) (third party personal data) of the FOIA as it considered the information to be personal data. The Commissioner’s decision is that the School has correctly withheld this information under section 40(2). However, she has recorded a breach of section 16 of the FOIA, as the School failed to provide the complainant with advice and assistance to understand what information the complainant was seeking. The Commissioner does not require any further steps to be taken as a result of this decision notice.
Exemptions cited: FOI 16; FOI 40(2)
19 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information with regards to staffing structures. Bournemouth Borough Council (the council) refused the request under section 14(1) of the FOIA as it considered it to be vexatious. The Commissioner’s decision is that section 14(1) of the FOIA is engaged. The Commissioner does not require the council to take any steps.
Exemptions cited: FOI 14
View Bournemouth Borough Council
19 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information held between Cardiff Council (‘the Council’) and a named Councillor about a specific issue. The Council initially stated that it did not hold the information requested, however, during the course of the Commissioner’s investigation the Council disclosed some information. The Commissioner’s decision is that, on the balance of probabilities the Council does not hold any relevant information falling within the scope of the request. The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 1
View Cardiff Council
19 Mar 2019Complaint partially upheldFreedom of Information Act 2000
The complainant requested information held between Cardiff Council (‘the Council’) and a named Councillor about a specific issue. The Council initially stated that it did not hold the information requested, however, during the course of the Commissioner’s investigation the Council disclosed the information held relevant to the request. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold any further recorded information falling within the scope of the request. However, in failing to disclose the information held within the required timescale the Commissioner finds that the Council breached section 10 of the FOIA. The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 1; FOI 10
View Cardiff Council
19 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the submissions and case studies for the mid-term reviews of Centres for Doctoral Training (CDTs). UK Research and Innovation (UKRI) refused to provide the information, citing the exemption in section 41 of FOIA. The Information Commissioner’s decision is that the requested information is exempt from disclosure by virtue of section 41 of the FOIA. The Commissioner does not require any steps to be taken. Information Tribunal appeal EA/2019/0139 under appeal.
Exemptions cited: FOI 41
View UK Research and Innovation
19 Mar 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant submitted a request to the Cabinet Office seeking a copy of the 2017 minutes of the Committee on the Grant of Honours, Decorations and Medals (HD Committee) meeting that related to the subject of the National Defence Medal. The Cabinet Office sought to withhold the information on the basis of sections 35(1)(a) (formulation and development of policy) and 37(1)(b) (conferring of any honour or dignity) of FOIA. The Commissioner accepts that the withheld information is exempt from disclosure on the basis of each exemption. However, she has concluded that for the each exemption the public interest favours disclosure of the information.
Exemptions cited: FOI 35; FOI 37
View Cabinet Office
19 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about promotions of named parties and a report allegedly written about herself from the Metropolitan Police Service (the “MPS”). The MPS provided some information but would neither confirm nor deny (NCND) holding any further information by virtue of sections 40(5A) and (5B) (personal information) of the FOIA. The Commissioner’s decision is that sections 40(5A) and (5B) are properly engaged. No steps are required.
Exemptions cited: FOI 40
View Metropolitan Police Service
19 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a copy of a report from the Metropolitan Police Service (the “MPS”). Having initially refused to confirm or deny whether it held the report the MPS subsequently advised the complainant that it did not hold it. The Commissioner’s decision is that, on the balance of probabilities, the MPS does not hold the requested information. She does not require the MPS to take any steps.
Exemptions cited: FOI 1
View Metropolitan Police Service
19 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of the Kenward Report. Essex County Council has withheld the requested information in reliance on section 36(2) – prejudice to effective conduct of public affairs. The Commissioner’s decision is that Essex County Council was correct to apply section 36(2) to withhold the information. The Commissioner does not require Essex County to Council to take any steps. Information Tribunal appeal EA/2019/0137 under appeal.
Exemptions cited: FOI 36
View Essex County Council
18 Mar 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information relating to planning matters at a specific property. Wiltshire Council disclosed some information and withheld other information under the exceptions for personal data – regulation 13 and the course of justice – regulation 12(5)(b). The Commissioner’s decision is that Wiltshire Council has correctly applied regulation 12(5)(b) to withhold the information. The Commissioner does not require the public authority to take any step.
Exemptions cited: EIR 12(5)(b)
View Wiltshire Council
18 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to how many times it has removed personal data from online news articles in the last 10 years when a data subject has requested it. The BBC said that the requested information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information is held by the BBC for the purposes of ‘journalism, art or literature’ and does not fall within the scope of 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 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the Archers programme. 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 Mar 2019Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about the Therfield Regulation Trust’s (the Trust) income and expenditure in respect of plans to develop a piece of land. The Trust originally argued that it was not a public authority for the purposes of the EIR. However following the complainant’s request for an internal review of that decision, the Trust accepted that it was subject to the EIR and went onto provide some information. The complainant believed that the Trust held further information relevant to his request and complained to the Commissioner. During the Commissioner’s investigation the Trust disclosed further information. However it became apparent that there was still some information that had not been disclosed. It also became clear that some of the information captured by the request was being withheld under regulation 12(5)(b) on the basis that it was protected by legal professional privilege. The Commissioner’s decision is that the Trust has breached regulation 5(1) by fail
Exemptions cited: EIR 12(5)(b); EIR 14; EIR 5(1); EIR 5(2)
15 Mar 2019Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested a copy of a draft report on a decision for the county council not to take further steps in respect of the creation of a footpath. The council refused the request on the grounds that Regulation 12(4)(d) applied (material in the course of completion).
The Commissioner’s decision is that the council was correct to apply Regulation 12(4)(d) to the information, however the public interest rests in the information being disclosed.
The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the withheld information to the complainant. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 12(4)(d)
View Cumbria County Council
15 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Cabinet Office seeking access to the file CAB 163/205 which dates from 1973 and concerns a ‘Review of the UK/Australia intelligence liaison following leaks to the Australian press of information on defence matters and intelligence gathering activities’. The Cabinet Office sought to withhold the file on the basis of the following sections of FOIA: 23(1) (security bodies), or in the alternative, 24(1) (national security), 26(1) (defence), 27(1) and 27(2) (international relations) 38(1)(b) (health and safety), 40(2) (personal data) and 41(1) (information provided in confidence). The Commissioner has concluded that the withheld information is exempt from disclosure on the basis of section 23(1) or section 24(1) of FOIA.
Exemptions cited: FOI 23; FOI 24
View Cabinet Office
15 Mar 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the listening figures for the Radio 2 Drivetime show. 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