17 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested any external legal advice on the public consultation titled 'Home Education – Call for Evidence and revised DfE guidance' running from 10 April 2018 to 2 July 2018. The DfE responded refusing to disclose the requested information citing section 42 of the FOIA.The Commissioner’s decision is that the DfE is entitled to refuse to disclose the requested information under section 42 of the FOIA. She therefore does not require any further action to be taken.
Exemptions cited: FOI 42
View Department for Education
17 Jan 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to allegations of sexual harassment. The Commissioner’s decision is that University of the Arts London (UAL) is entitled to rely on section 12 in response to the request. UAL also fulfilled its obligations under section 16 of the FOIA by advising the complainant in its response of 24 May 2018 that it was unlikely it would be able to respond to a refined request within the cost limit. However, the Commissioner also finds that UAL has breached section 10 of the FOIA by failing to provide the information within the statutory time scale. The Commissioner does not require UAL to take any steps.
Exemptions cited: FOI 10; FOI 12
View University of the Arts, London
17 Jan 2019Complaint partially upheldFreedom of Information Act 2000
The complainant requested information relating to an historic police investigation and trial. West Midlands Police (“WMP”) disclosed the majority of the requested information, but it withheld the names of two alleged police informants under the exemption at section 30(2)(b) (investigations and proceedings) and private addresses contained within court transcripts, under section 40(2) (personal information). The Commissioner’s decision is that WMP was entitled to rely on section 30(2)(b) to withhold information, but that section 40(2) was not engaged. The Commissioner requires WMP to disclose to the complainant the address information which has previously been withheld under section 40(2).
Exemptions cited: FOI 31; FOI 40
View West Midlands Police
17 Jan 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information in relation to planning applications that have been submitted to Wiltshire Council for wooden garden sheds or any out-building for a certain period of time. The Council cited regulation 12(4)(b) of the EIR to refuse the request, on the grounds that it was manifestly unreasonable due to the significant burden it would impose on the Council in terms of cost. The Commissioner’s decision is that the Council was entitled to apply regulation 12(4)(b) to refuse the request. She finds that the public interest lies in maintaining the Council’s application of this exception. The Commissioner does not require the Council to take any steps to ensure compliance with the legislation. Information Tribunal appeal EA/2019/0116 under appeal. Information Tribunal appeal GIA/516/2019 PTA refused.
Exemptions cited: EIR 12(4)(b); EIR 9
View Wiltshire Council
17 Jan 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested any correspondence between the Prince of Wales and the Secretary of State on the subject of hunting going back to the beginning of 2017. The Department for Environment Food and Rural Affairs (Defra) refused the request under regulation 12(4)(a) of the EIR on the basis that it did hold any environmental information and refused to confirm or deny it held any non-environmental information under section 37(2) of the FOIA which provides that a public authority is not obliged to confirm whether it holds information which constitutes a communication with the heir to the Throne. The Commissioner’s decision is that Defra does not hold any environmental information and therefore is entitled to refuse the request under regulation 12(4)(a) of the EIR. Defra is also entitled to refuse to confirm or deny whether it holds any non-environmental information under section 37(2). The Commissioner does not require the public authority to take any further action in this matter
Exemptions cited: EIR 12(4)(a); FOI 37(2)
17 Jan 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested a document from the Department of Health and Social Care (DHSC) on the analysis of the impact of Brexit on the NHS which the complainant believed was the source of a leak in April 2017. The DHSC refused to either confirm or deny if this document was held by virtue of the exclusion at section 35(3) of the FOIA as to do so would reveal information on the development of formulation of government policy (section 35(1)(a)). The Commissioner’s decision is that the DHSC was correct to neither confirm nor deny if this information was held and the public interest in this case supports this position. The Commissioner therefore requires no steps to be taken by the DHSC. Information Tribunal appeal EA/2019/0035 under appeal.
Exemptions cited: FOI 35
View Department of Health and Social Care
16 Jan 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information about the siting of a particular communications cabinet. The Welsh Government stated it did not hold some of the information requested and withheld information about costs under section 43 of the FOIA. During the course of the Commissioner’s investigation the Welsh Government agreed that the request was for environmental information and reconsidered the request under the EIR. The Welsh Government maintained that it did not hold information relating to the siting of the cabinet and confirmed that it considered information held relating to costs to be exempt under regulation 12(5)(e) of the EIR. The Commissioner’s decision is that, on the balance of probabilities, the Welsh Government does not hold any further recorded information relevant to the request. The Commissioner is also satisfied that the Welsh Government has correctly applied regulation 12(5)(e) to the withheld information. The Commissioner does not require any steps to be taken.
Exemptions cited: EIR 12(5)(e); EIR 5
View Welsh Government
16 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested hand written notes or voice recordings of an annual town council meeting. Ramsey Town Council has published the electronic minutes of the meeting however it states that it does not hold information in the form of the requested notes or recordings. The Commissioner’s decision is that, on the balance of probabilities, Ramsey Town Council does not hold information in-scope of the request. The Commissioner does not require the council to take any steps.
Exemptions cited: FOI 1
16 Jan 2019Complaint partially upheldFreedom of Information Act 2000
The complainant requested that the Ministry of Housing, Communities and Local Government (MHCLG) provide the names and locations of high-rise residential buildings which are recorded as having a system of cladding that does not comply with Building Regulations guidance. MHCLG refused to provide the requested information, citing section 38 (health and safety) of the FOIA. The Commissioner’s decision is that MHCLG was not correct to have applied section 38(1)(a) of the FOIA to the withheld information, but was entitled to rely on section 38(1)(b). The Commissioner does not require MHCLG to take any steps.
Exemptions cited: FOI 38(1)(a); FOI 38(1)(b)
View Ministry of Housing, Communities and Local Government
16 Jan 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested any information relating to the business case for the Northumbria Healthcare NHS Foundation Trust’s (the Trust) buy out of the Hexham General Hospital’s private finance initiative (PFI). The Trust withheld the information, citing section 43(2) (commercial interests) as its basis for doing so. The complainant is concerned about the Trust’s reliance on section 43(2) and not complying with its obligations under section 16(1). During the Commissioner’s investigation, the Trust disclosed some of the requested information to the complainant. It also revised its position in relation to one element of the withheld information, stating that it may be additionally exempt under section 42(1) (legal professional privilege) of the FOIA. However, it maintained its reliance on section 43(2) for refusing to provide the remaining withheld information. The Commissioner’s decision is as follows; The Trust has complied with its obligation under section 16(1). The Trust has fa
Exemptions cited: FOI 10; FOI 16; FOI 42; FOI 43
View NORTHUMBRIA HEALTHCARE NHS FOUNDATION TRUST
16 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to the child grooming scandal in Rotherham, including details of payments made to the victims. South Yorkshire Police provided some information within the scope of the request but refused to provide the remainder, citing sections 38(1) (health and safety) and 40(2) (personal information) of the FOIA. The Commissioner has investigated South Yorkshire Police’s application of section 38(1) to the requested information relating to payments made to victims. The Commissioner’s decision is that South Yorkshire Police was entitled to rely on section 38(1)(a) in relation to that information. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 38
View South Yorkshire Police
15 Jan 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about the finances and use of the Silver Jubilee and Mersey Gateway bridges. Halton Borough Council responded, supplying some information falling within the scope of the request but confirming some information was not held. After further clarification of the information requested, the Council applied section 43 of the FOIA – commercial interests, to some of the requested information. During the course of the Commissioner’s investigation, the Council decided to release the withheld information. The Commissioner’s decision is that Halton Borough Council has breached section 10 of the FOIA by failing to provide all the information held within 20 working days. As the Council has now disclosed the information, the Commissioner does not require it to take any steps.
Exemptions cited: FOI 10
View Halton Council
15 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the names of those shortlisted in three recruitment exercises. The University refused to provide the requested information citing section 40(2) – personal information, as its basis for doing so. The Commissioner’s decision is that the University is entitled to rely on section 40(2) to withhold the information. The Commissioner does not require the public authority to take any further action in this matter.
Exemptions cited: FOI 40
15 Jan 2019Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested a copy of a waste collection contract. Essex County Council withheld some information, providing a redacted version of the contract. However, during the course of the Commissioners investigation it decided to release previously redacted information. The Commissioner’s decision is that in withholding information which it later released, Essex County Council has failed to provide information within the statutory timescale and therefore breached Regulation 5(2) of the EIR. As the information has now been released, the Commissioner does not require the public authority to take any steps.
Exemptions cited: EIR 5(2)
View Essex County Council
15 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested legal advice received by the Commonweal School (the School) on the issue of safeguarding. The School identified information within the scope of the request but withheld this on the basis that information was legally professionally privileged and therefore exempt under section 42 of the FOIA. The Commissioner’s decision, after considering the public interest test, is that the School has correctly applied this exemption and the public interest favours withholding the requested information.
Exemptions cited: FOI 42
View THE COMMONWEAL SCHOOL
14 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a specific file from the Northern Ireland Office (the NIO). The NIO confirmed that it held the requested information but refused to disclose it in reliance on the exemptions at section 23(1) and section 24(1) of the FOIA. The Commissioner’s decision is that the NIO was entitled to rely on the exemptions at sections 23(1) and 24(1). She does not require any further steps to be taken.
Exemptions cited: FOI 23; FOI 24
View Northern Ireland Office
14 Jan 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested Clinical Pathology Accreditation (CPA) and/or the United Kingdom Accreditation Service (UKAS) reports/correspondence from 2016 to the date of his request for all laboratories under the Royal Liverpool and Broadgreen University Hospitals NHS Trust (RLBUHT) management concerning the revoking of laboratory accreditation. The Commissioner’s decision is that Royal Liverpool and Broadgreen University Hospitals Trust (RLBUHT) has correctly applied section 43(2) of the FOIA to the requested information and that the public interest favours maintaining the exemption. However, the Commissioner’s decision is that the RLBUHT 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 no steps to be taken.
Exemptions cited: FOI 10(1); FOI 43(2)
View Royal Liverpool and Broadgreen University Hospitals NHS Trust
14 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the legal status of CCT (Customer Care Team) reviews. The PHSO responded refusing to disclose the requested information citing section 42 of the FOIA. The Commissioner’s decision is that the PHSO is entitled to refuse to disclose the requested information under section 42 of the FOIA. She therefore does not require any further action to be taken. Information Tribunal appeal EA/2019/0032 appeal allowed in part. Information Tribunal appeal GIA/973/2021 PTA Refused.
Exemptions cited: FOI 42
View The Parliamentary and Health Service Ombudsman
14 Jan 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to air strikes in Syria. The Commissioner’s decision is that Ministry of Defence failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner requires the MoD 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 Ministry of Defence
14 Jan 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information about a road sign placed at a certain location by the relevant department of Hampshire County Council. The Council refused to comply with this request on the grounds that it considered it to be manifestly unreasonable in accordance with Regulation 12(4)(b) of the EIR.
The Commissioner’s decision is that the complainant’s request was manifestly unreasonable under Regulation 12(4)(b)and therefore the Council was not required to comply with it.
The Commissioner does not require the Council to take any steps. Information Tribunal appeal EA/2019/0037 under appeal.
Exemptions cited: EIR 12(4)(b)
View Hampshire County Council
14 Jan 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Council relating to housing benefit office employees. The Commissioner’s decision is that the 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 requires the Council to issue a substantive response to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10(1)
View Folkestone and Hythe District Council
14 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested Key Stage 1 (KS1) assessment data broken down to school level. The Department for Education (DfE) disclosed the KS1 data at Local Authority level but refused to provide this at school level on the basis of section 36(2)(c) of the FOIA. The Commissioner’s decision is that the DfE has correctly applied the provisions of section 36(2)(c) and that the public interest favours maintaining the exemption. Information Tribunal appeal EA/2019/0036 appeal dismissed.
Exemptions cited: FOI 36
View Department for Education
14 Jan 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Office of the Police, Fire and Crime Commissioner for North Yorkshire (“OPFCC”) relating to a meeting regarding the Commissioner’s conduct. The Commissioner’s decision is that the OPFCC 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 OPFCC to issue a substantive response to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10(1)
14 Jan 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to bullying, harassment and discrimination of staff within the Claims Management Regulation Unit. The Commissioner’s decision is that the 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 requires the Council to issue a substantive response to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10(1)
View Staffordshire County Council
11 Jan 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested a copy of a signed transfer agreement for the transfer of ownership of a war memorial between Killamarsh Parish Council (“the Council”) and the Royal British Legion. The Commissioner’s decision is that the Council failed to respond to the request within 20 working days and has therefore breached section 1(1)(a), section 1(1)(b) and section 10(1) of the FOIA. As a response has now been issued, the Commissioner does not require any further steps to be taken.
Exemptions cited: FOI 1; FOI 10
11 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested from Cambridgeshire County Council (the Council) information regarding details of Blue Badge appeals. The Council refused the request under the exemptions provided by sections 40(2) (personal information) and section 41(1) (information provided in confidence) of the FOIA.
The Commissioner’s decision is that the Council correctly withheld some of the requested information under section 40(2) of the FOIA. However, the Commissioner also finds that the remainder of the requested information was not exempt and was withheld incorrectly. The Council is now required to disclose this information to the complainant. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
Disclose to the complainant the numbers of successful Blue Badge appeals during 2015 and 2016.
The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissione
Exemptions cited: FOI 40(2); FOI 41
View Cambridgeshire County Council
10 Jan 2019Complaint partially upheldFreedom of Information Act 2000
Summary wording for website: The complainant requested the number of surgeons, whose main residence is outside the EU, used by Oxford University Hospitals NHS Foundation Trust (the Trust) to perform operations at the Horton General Hospital over the financial year 2016/17, and up to 5 October 2017. The Trust confirmed that it held the requested information, and that the number was “0”. The complainant considered that the information was wrong and that the number should be at least “1”. The Commissioner’s decision is that the Trust has provided the complainant with the information that it held at the time of the request. However, she has recorded a breach of section 1 and section 10 of the FOIA, as the Trust failed to respond to the request within 20 working days of receipt. The Commissioner does not require any further steps to be taken.
Exemptions cited: FOI 1; FOI 10
View Oxford University Hospitals NHS Foundation Trust
10 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to wide-scale health changes in North West London. He requested the supplementary assurances that were provided by North West London Collaboration of Clinical Commissioning Groups (NWL CCGs) in response to a letter ‘Shaping a Healthier Future; Next Steps’ that was sent to them by NHS England, dated 7 November 2017. NHS England refused to provide this information citing section 22 of the FOIA – information intended for future publication. The Commissioner’s decision is that NHS England has correctly applied section 22 of the FOIA and that, at the time of the request, the balance of the public interest favoured maintaining the exemption. The Commissioner does not require any steps to be taken as a result of this decision notice.
Exemptions cited: FOI 22
View NHS England
10 Jan 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested the names of employees in the post of Deputy Director for Disability Assessments and copies of any emails sent or received by this post holder which cite a named study. The Department for Work and Pensions (DWP) has provided the names of the post-holders and confirmed that it does not hold any emails of the description provided. The Commissioner’s decision is that, on the balance of probabilities, DWP does not hold the requested emails. However, DWP has breached section 10(1) as it did not comply with section 1(1)(a) within the statutory timeframe of twenty working days. The Commissioner does not require any steps to be taken in respect of this request.
Exemptions cited: FOI 1; FOI 10
View Department for Work and Pensions
10 Jan 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about the number of households placed in temporary accommodation. The Commissioner’s decision is that Hertsmere Borough Council failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: issue a substantive response, under the FOIA, to the request.
Exemptions cited: FOI 10
View Hertsmere Borough Council
10 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested details of any notes / investigations undertaken by a named police constable at a named address from Devon & Cornwall Police (D&C). D&C advised to comply with the request would exceed the appropriate limit at section 12(2) (cost of compliance exceeds appropriate limit) of the FOIA. The Commissioner’s decision is that D&C was entitled to rely on section 12(2) of the FOIA to refuse the request and that appropriate section 16(1) advice and assistance has been provided. No steps are required.
Exemptions cited: FOI 12; FOI 16
View Devon and Cornwall Police
10 Jan 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information with regards to the maintenance of a particular tree. City of Wolverhampton Council (the council) stated that no information was held and refused the request under regulation 12(4)(a) of the EIR – Information not held. The complainant is of the view that the council does hold records which would show that it has carried out maintenance on this tree. The Commissioner’s decision is that the council does not hold the requested information and therefore upholds the council’s application of regulation 12(4)(a) of the EIR. The Commissioner does not require the council to take any steps.
Exemptions cited: EIR 12(4)(a)
View Wolverhampton City Council
9 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested employment compliance reports complied by the Civil Service Commission. The Commissioner’s decision is that The Civil Service Commission has correctly relied on section 36 to withhold requested information. Information Tribunal appeal EA/2019/0028 dismissed.
Exemptions cited: FOI 36
View Civil Service Commission
9 Jan 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about the number of homeless people who had been supplied with one-way rail tickets. The Commissioner’s decision is that West Dorset District Council failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: issue a substantive response, under the FOIA, to the request.
Exemptions cited: FOI 10
View West Lindsey District Council
9 Jan 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about invoices paid to a particular individual. The Commissioner’s decision is that Hertsmere Borough Council failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: issue a substantive response, under the FOIA, to the request.
Exemptions cited: FOI 10
View Hertsmere Borough Council
9 Jan 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about records relating to the formulation of the Neighbourhood Plan of Old Somerby Parish Council (‘the Parish Council’) including e-mails sent and received by Parish Councillors and records relating to Mr Keith's appointment and his brief. The Parish Council applied section 12(1) to the request, as compliance would exceed the appropriate limit. The Commissioner’s decision is that the Parish Council applied section 12(1) incorrectly as it did not reasonably demonstrate that the cost of the request would exceed the limit. She also finds that in failing to advise the complainant on how to refine his request to bring it within the cost limit, Parish Council breached section 16(1) of the FOIA. The Commissioner requires the Parish Council to write to the complainant with a fresh response to the request that does not rely on section 12(1) of the FOIA to ensure compliance with the legislation.
Exemptions cited: FOI 12; FOI 16
9 Jan 2019Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested a copy of a highway report (“the Report”) from Sunderland City Council (“the Council”). The Council refused to provide it on the basis that it was exempt from disclosure under section 42(1) (legal professional privilege) of the FOIA. During the Commissioner’s investigation it revised its position, saying that it should have additionally relied on the exception contained in regulation 12(5)(b) (the course of justice) of the EIR.
The Commissioner’s decision is that the Council was entitled to rely on section 12(5)(b) of the EIR to withhold the requested information. No steps are required.
Exemptions cited: EIR 12(5)
View Sunderland City Council
9 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about records relating to accuracy of the minutes of Old Somerby Parish Council (‘the Parish Council’) meetings including emails between / among parish councillors and the Clerk of the Parish Council. The Parish Council applied section 12(1) to the request, as compliance would exceed the appropriate limit. The Commissioner’s decision is that the Parish Council has correctly applied section 12(1) to the request. She does not require any steps to be taken. Information Tribunal appeal EA/2019/0042 under appeal.
Exemptions cited: FOI 12
9 Jan 2019Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the British Broadcasting Corporation (“the BBC”) concerning differences in salaries paid to senior managers in World Service Languages compared to those paid to senior managers elsewhere in BBC News. As a response has been issued, the Commissioner does not require the BBC to take any further steps.
Exemptions cited: FOI 10
View BBC
9 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested some information relating to Brighton and Hove City Council’s (“the Council”) Homemove scheme and the Bedroom tax exemption. The Council stated it did not hold this information. The Commissioner’s decision is that on the balance of probabilities, the Council does not hold the specific information requested. The Commissioner requires no further steps from the public authority.
Exemptions cited: FOI 1
View Brighton and Hove City Council
8 Jan 2019Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information concerning the internal planning procedures of London Borough of Ealing (the Council). The Council provided the complainant with relevant information held but withheld some information under regulation 13 (personal information) of the EIR.
The Commissioner’s decision is that, following her investigation, the Council provided the complainant with all the relevant information held except that exempt under regulation 13 (third party personal data). However, the Council incorrectly applied the exception to the sender/recipient details of emails sent to and received by the applicant in the planning matter related to the complainant’s request. The Commissioner therefore requires the Council to take the following steps to ensure compliance with the legislation.
Provide the complainant with the sender/recipient details of emails sent to and received by the applicant.
The Council must take these steps within 35 calendar days of the date
Exemptions cited: EIR 11(4); EIR 11(5); EIR 5(1); EIR 5(2)
View Ealing Council
8 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about a previous complaint he made and information about the controllers of data previously held by a Primary Care Trust. The Commissioner’s decision is that the Department of Health was entitled to rely on Section 21 (Reasonably Accessible) to refuse to provide the requested information in respect of element [1] of the request. In respect of element [2] of the request, DH has disclosed all the information it holds. However DH’s handling of the request was poor – something which the Commissioner has commented on in the “Other Matters” section of this notice. The Commissioner does not require DH to take any further steps.
Exemptions cited: FOI 1; FOI 21
View Department of Health and Social Care
7 Jan 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to the contract most recently awarded for the provision of kidney dialysis services. Cardiff and Vale University Local Health Board (the UHB) disclosed some information but refused to disclose other information citing section 43 of the FOIA. It also confirmed that some of the requested information is not held. The Commissioner’s decision is that the UHB is entitled to rely on section 43 of the FOIA for the non-disclosure of the remaining withheld information. She has however found the UHB in breach of section 10 of the FOIA, as it failed to respond to the complainant’s request for information within 20 working days of receipt. The Commissioner does not require any further action to be taken.
Exemptions cited: FOI 10; FOI 43
View Cardiff and Vale University Health Board
7 Jan 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to all interview transcripts of interviews with both judges and prosecutors relating to their views on the effects and impact of unrepresented defendants in courts. The Ministry of Justice (MoJ) refused to provide the requested transcripts, citing section 41 of FOIA (information provided in confidence). During the course of the Commissioner’s investigation, the MoJ also relied on section 31(1)(c) of FOIA (the administration of justice). The Commissioner’s decision is that the MoJ is not entitled to rely in section 41 for the reasons outlined in this notice. She also finds that section 31(1)(c) is engaged, and that the public interest test favours withholding the requested information. She does not require the MoJ to take any steps to ensure compliance with the legislation. Information Tribunal appeal EA/2019/0026 under appeal.
Exemptions cited: FOI 31; FOI 41
View Ministry of Justice
4 Jan 2019Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information regarding the procurement of a developer to rejuvenate Lambeth Council’s Town Hall. It relied on regulation 12(5)(e) to withhold some requested information. The Commissioner’s decision is that Lambeth Council has not persuaded her that regulation 12(5)(e) allowed it to withhold requested information.
Exemptions cited: EIR 12(5)(e)
View London Borough of Lambeth
4 Jan 2019Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested from South Gloucestershire Council various information in connection with himself, Whale Wharf, his various companies and a number of planning applications. South Gloucestershire Council has disclosed some of the requested information but withheld the rest under Sections 41 and 43(2) of the Freedom of Information Act 2000 (the FOIA) and Regulations 12(4)(e) and 12(5)(b) of the EIR. South Gloucestershire Council has set out the withheld information in appendices numbered 8 and 9. It has stated this comprises all of the recorded information it holds falling within the scope of the complainant’s request with the exception of that which has already been disclosed. The Commissioner is satisfied on a balance of probabilities that South Gloucestershire Council has identified all the recorded information it holds. However, she finds that Sections 41 and 43(2) of the Freedom of Information Act 2000 (the FOIA) and Regulations 12(4)(e) and 12(5)(b) of the EIR have n
Exemptions cited: EIR 12(4)(e); EIR 12(5)(b); FOI 41; FOI 43(2)
View South Gloucestershire Council
4 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to Consumer Dispute Resolution Limited (CDRL’s) application to Ofgem for provide Alternative Dispute Resolution (ADR) services for consumer complaints. The Commissioner’s decision is that Ofgem has correctly applied section 44(1)(a) of the FOIA to the withheld information. The Commissioner does not require Ofgem to take any steps as a result of this decision notice.
Exemptions cited: FOI 44
View Office of Gas and Electricity Markets
3 Jan 2019Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to the serving of an Abatement Notice. Adur and Worthing Councils initially handled the request under the FOIA, disclosing some information and withholding other information under exemptions. Following the Commissioner’s involvement the public authority reconsidered the request under the EIR, disclosing further information and withholding other information under the exceptions for the course of justice (regulation 12(5)(b)) and personal information (regulation 13(1)). The Commissioner’s decision is that Adur and Worthing Councils wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14(1) of the EIR but that it correctly withheld information under regulation 12(5)(b). The Commissioner does not require the public authority to do anything.
Exemptions cited: EIR 12(5)(b); EIR 14(1); EIR 5(1)
3 Jan 2019Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information associated with reconsideration hearings. Transport for London (TfL) refused to comply with the request which it categorised as vexatious under section 14(1) of the FOIA. TfL has subsequently confirmed that, notwithstanding its reliance on section 14(1), it considers the requested information is exempt from release under section 31(2)(c) (law enforcement) and section 40(2) (third person personal data). The Commissioner’s decision is as follows: The request is not vexatious and does not engage section 14(1). The information that has been requested is exempt from release under section 31(1)(g) leading to 31(2)(c), as disclosure would be likely to prejudice TfL’s regulatory functions. The public interest favours maintaining this exemption. TfL did not breach section 16(1) with regard to the advice and assistance it provided to the complainant. The Commissioner does not require TfL to take any steps.
Exemptions cited: FOI 14; FOI 16; FOI 31
View Transport for London
2 Jan 2019Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested statistics about “hate speech” from Staffordshire Police (“SP”). SP has advised that to comply with the request would exceed the cost limit at section 12(1) of the FOIA. The Commissioner’s decision is that section 12(1) is properly cited and that appropriate section 16(1) advice and assistance has been provided. No steps are required.
Exemptions cited: FOI 12; FOI 16
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