6 Dec 2017Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested various pieces of information relating to DEFRA’s ‘Consultation on Guidance to Natural England on licences to control the risk of bovine tuberculosis from badgers’. DEFRA responded providing some of the requested information. It confirmed that it did not hold some of the requested information and cited regulation 12(4)(a) of the EIR and advised the complainant that it was withholding other information under a variety of exceptions in the EIR. With regards to DEFRA’s initial application of regulation 12(4)(c), the Commissioner has concluded that DEFRA was not entitled to rely on this exception. In respect of question 1 of the request, for the missing consultation response the Commissioner has concluded that DEFRA has correctly applied the exception at 12(4)(a) of the EIR. For the Home Office consultation response, the Commissioner has concluded that DEFRA has incorrectly relied upon regulations 12(4)(d), 12(4)(e), 12(5)(a), 12(5)(b) and 12(5)(f) of the EIR
Exemptions cited: EIR 11; EIR 12(4)(a); EIR 12(4)(c); EIR 12(4)(e); EIR 12(5)(a); EIR 12(5)(b); EIR 12(5)(f); EIR 13; EIR 14(2)(1); EIR 5(2)
6 Dec 2017Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested from the City of York Council (the Council) information concerning legal advice in regards to a particular building on Fulford Road, York. The Commissioner’s decision is that the Council has correctly applied regulation 12(5)(b) of the EIR to the withheld information. Therefore, the Commissioner does not require any steps to be taken.
Exemptions cited: EIR 12(5)(b)
View York City Council
6 Dec 2017Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested any documentation from Derbyshire County Council (“the Council”) which might indicate or identify the reasons behind a flooding that occurred in the town of Lower Hartshay. The Commissioner’s decision is that the Council has complied with regulation 5 of the EIR, the duty to make available environmental information on request. The Commissioner does not require the public authority to take any further steps.
Exemptions cited: EIR 5
View Derbyshire County Council
5 Dec 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the Association of London's Environmental Health Manager's London Lockdown July report 2016. The Commissioner’s decision is that DCLG has incorrectly applied the law enforcement exemption at section 31(1)(a) of the FOIA. The Commissioner requires the public authority to disclose the requested information to ensure compliance with the legislation.
Exemptions cited: FOI 31
View Ministry of Housing, Communities and Local Government
5 Dec 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
In two requests, the complainant has requested information about claims against Norfolk and Suffolk NHS Foundation Trust (‘the Trust’) and Data Protection Act breaches. The Commissioner’s decision is that: The complainant’s requests are vexatious under section 14(1) of the FOIA and the Trust is not obliged to comply with them. Information Tribunal appeal EA/2018/0007 dismissed.
Exemptions cited: FOI 14
View Norfolk and Suffolk NHS Foundation Trust
5 Dec 2017Complaint partially upheldFreedom of Information Act 2000
The complainant has made a seven part request for information relating to Psychological Therapies and the Art Psychotherapy Service. Under section 11 of the FOIA, she expressed a preference to have the information communicated in a particular format. South West Yorkshire Partnership NHS Foundation Trust (the Trust) provided information in relation to parts 2, 3, 4 and 5 of the request but has explained that it does not hold information falling within the scope of parts 1, 6 and 7 of the request. However, the complainant considers that more information must be held in relation to all requests. The Commissioner’s decision is that the Trust has complied with its obligation under section 11 of the FOIA. The Trust has provided all the information that it holds within the scope of parts 2, 4 and 5, and has therefore complied with obligations under section 1(1) with regards to these parts of the request. The Trust holds further information within the scope of parts 1, 3, and 6 of the request
Exemptions cited: FOI 1; FOI 10; FOI 11
View South West Yorkshire Partnership NHS Foundation Trust
5 Dec 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from Norfolk and Norwich University NHS Trust (‘the Trust’) about an individual’s medical treatment. At the date of this notice, the Trust has not provided a response to the request. The Commissioner’s decision is that: The Trust has breached section 10(1) of the FOIA as it has not provided a response to the request within 20 working days. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: Provide a response to the complainant’s request of 22 August 2017.
Exemptions cited: FOI 10
View Norfolk and Norwich University Hospitals
5 Dec 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on spend on Personal Health Budgets and savings associated with a cut to these budgets. Norwich Clinical Commissioning Group (‘the CCG’) has withheld the information under section 43(1) of the FOIA (trade secrets) and 43(2) (prejudice to commercial interests). The Commissioner’s decision is that: The requested information is exempt from disclosure under section 43(2) and the public interest favours maintaining the exemption. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.
Exemptions cited: FOI 43
4 Dec 2017Complaint partially upheldFreedom of Information Act 2000
The complainant has submitted a number of requests for information to South Essex Housing. In two of his requests, the complainant has asked to be provided with the agreements with Essex and Suffolk Water and Anglian Water for the collection costs of water supply and sewerage services, and with copies of the advice of reductions in billing to the Council and SEH from the Water Companies resulting from the installation of water meters. The Commissioner finds that SEH provided the complainant with the agreement Southend on Sea Borough Council has with Northumberland Water. The Commissioner has decided that SEH breached section 10 of the FOIA by providing this information outside of the twenty working days compliance period which that section requires. The Commissioner has decided that SEH does not hold information concerning the advice of reductions in billing to SBC/SEH from Water Companies resulting from the installation of meters in the Borough. The Commissioner has found that SEH doe
Exemptions cited: FOI 10; FOI 17; FOI 40
4 Dec 2017Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information relating to the subject of judicial review and environmental judicial review reform. The Ministry of Justice (MoJ) denied holding some of the requested information and refused to disclose the remainder citing regulation 12(4)(d) (information in the course of completion), regulation 12(4)(e) (internal communications) and regulation 12(5)(b) (the course of justice) of the EIR. During the course of the Commissioner’s investigation, the MoJ disclosed some information it had previously withheld. The Commissioner has investigated the MoJ’s application of regulations 12(4)(e) (internal communications) and 12(5)(b) (the course of justice) to the remaining withheld information. The Commissioner’s decision is that the MoJ has correctly applied the above regulations of the EIR to the withheld information. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: EIR 12(4)(e); EIR 12(5)(b)
View Ministry of Justice
4 Dec 2017Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested correspondence and information relating to the Carnegie Community Trust and the Carnegie Library, Herne Hill from the London Borough of Lambeth (“the Council”). The Council refused to provide any information and applied the exception at regulation 12(4)(b) of the EIR – manifestly unreasonable on grounds of cost. The Commissioner’s decision is that the Council has failed to demonstrate that complying with the request would be manifestly unreasonable in all the circumstances of the case. In addition, the Council has breached regulation 14(2) of the EIR since it did not provide a refusal notice to the complainant within the statutory timeframe of 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: with regard to requests 1 and 2, issue a fresh response to the complainant which does not rely on regulation 12(4)(b) of the EIR, and with regard to request 3, issue a fresh response
Exemptions cited: EIR 12(4)(b); EIR 14(2)(1)
View London Borough of Lambeth
4 Dec 2017Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a multi part request for information relating to motoring offences committed by Dorset Police staff. Dorset Police said that it did not hold some of the information described in the request. It refused the remainder of the request on the grounds that compliance would exceed the costs limit under section 12(1) of the FOIA (cost of compliance exceeds appropriate limit). The Commissioner’s decision is that, on the balance of probabilities, Dorset Police did not hold some of the information requested. The Commissioner also found that Dorset Police was entitled to rely on section 12(1) to refuse to comply with the remainder of the request. However, the Commissioner found that Dorset Police breached section 16(1) of the FOIA as it failed to provide sufficient advice and assistance to the complainant. The Commissioner requires Dorset Police to provide the complainant with relevant advice and assistance as to which questions can be considered within the appropriate li
Exemptions cited: FOI 10; FOI 12; FOI 16
View Dorset Police
4 Dec 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the Streets Ahead Five Year Tree Management Strategy. The Council confirmed that the requested information was not held under section 1(1)(a) FOIA. The Commissioner considers that the Council was correct to confirm that it doesn’t hold the requested information under section 1(1)(a) FOIA. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 1
View Sheffield City Council
4 Dec 2017Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information on potential self-build sites. The Council provided the complainant with some information, confirmed that some information was not held and withheld some information under regulation 12(4)(d) EIR. The Commissioner considers that the Council has incorrectly applied regulation 12(4)(d) EIR to the withheld information. The Commissioner requires the public authority to disclose the information withheld under regulation 12(4)(d) EIR.
Exemptions cited: EIR 12(4)(d)
View Tamworth Borough Council
30 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about the cost of temporary accommodation used by Taunton Deane Borough Council (“the council”) to accommodate families that it has a statutory responsibility to house. The Commissioner’s decision is that the council has failed to respond to the request within the statutory time for compliance, and therefore breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the council to provide the complainant with a response to her request which complies with the requirements of section 1(1) of the FOIA, or issue a valid refusal notice.
Exemptions cited: FOI 1; FOI 10
View Basingstoke and Deane Borough Council
30 Nov 2017Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant asked the Department for Communities and Local Government (“the DCLG”) to provide details of the postcodes and/or addresses of properties where assessments were made over a four year period by 8 accredited assessors, for the purpose of gaining Energy Performance Certificates. The Commissioner’s decision is that the DCLG has correctly applied Regulation 12(3) of the EIR to the information requested by the complainant and by virtue of Regulation 13, the DCLG is entitled to withhold that information.
Exemptions cited: EIR 13
View Ministry of Housing, Communities and Local Government
30 Nov 2017Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested the information held in a case file by The Planning Inspectorate. The public authority refused the request on the basis of regulation 12(5)(b) as it considered the information attracted legal professional privilege. The Commissioner’s decision is that the public authority has demonstrated that regulation 12(5)(b) is engaged and the public interest favours withholding the information. She requires no steps to be taken.
Exemptions cited: EIR 12(5)(b)
View Planning Inspectorate
30 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about the deployments of the National Tactical Response Group (NTRG) and Tornado teams in England and Wales. By the date of this notice, the MoJ has yet to provide a substantive response to this request. The Commissioner’s decision is that the MoJ breached sections 1 (general right of access) and 10 (time for compliance) of the FOIA in failing to provide a valid response to the request within 20 working days of receipt. The Commissioner requires the MoJ to take the following steps to ensure compliance with the legislation: provide the complainant with a response to his request which complies with the requirements of section 1(1) of the FOIA, or issue a valid refusal notice.
Exemptions cited: FOI 1; FOI 10
View Ministry of Justice
30 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to disabled refugees. By the date of this notice, the Home Office has yet to provide a substantive response to this request. The Commissioner’s decision is that the Home Office breached sections 1 and 10 of the FOIA in failing to provide a valid response to the request within 20 working days of receipt. The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation: issue a response to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 1; FOI 10
View Home Office
30 Nov 2017Complaint partially upheldFreedom of Information Act 2000
The complainant made a freedom of information request to the National Archives (TNA) for a copy of a file relating to the Coronation of HM Queen Elizabeth II in 1953. TNA refused the request under the exemption in section 27(1) (International Relations). The Commissioner’s decision is that the requested information is exempt from disclosure under section 27(1) and the public interest in maintaining the exemption outweighs the public interest in disclosure. The Commissioner also found that TNA breached section 17(3) in its handling of the complainant’s request and 3 other requests but she requires no steps to be taken.
Exemptions cited: FOI 17; FOI 27
View The National Archives
30 Nov 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the loss of 13 murder files from the Metropolitan Police Service (the “MPS”). The MPS refused to provide the information citing sections 30(1)(a) (investigations and proceedings), 38(1)(a) (health and safety) and 40(2) (personal information) of the FOIA. The Commissioner’s decision is that the MPS was entitled to rely on section 38(1)(a) of the FOIA to withhold the requested information. No steps are required.
Exemptions cited: FOI 38
View Metropolitan Police Service
30 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about prisoner recalls from the Parole Board for England and Wales (the “PBEW”). To date he is yet to receive a substantive response. The Commissioner’s decision is that the PBEW has failed to provide a response to the request within the statutory time frame of 20 working days. She requires it to comply with the request or issue a valid refusal notice as set out in section 17 of the FOIA.
Exemptions cited: FOI 1; FOI 10
View Parole Board
30 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested copies of official draft versions of the published Childhood Obesity Strategy held by the Department of Health. The Department of Health refused the request on the basis of section 35(1)(a) of the FOIA. The Commissioner’s decision is that the Department of Health has correctly engaged the exemption but she considers the public interest in disclosure outweighs the public interest in maintaining the exemption. The Commissioner requires the public authority to disclose the three official draft versions of the Childhood Obesity Strategy. Information Tribunal appeal EA/2018/0001 allowed in part. Information Tribunal appeal GIA/1552/2019 dismissed. Information Tribunal appeal EA20180001 & EA20180002 PTA Refused
Exemptions cited: FOI 35
View Department of Health and Social Care
30 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested copies of numbered draft versions of the published Childhood Obesity Strategy held by the Department of Health. The Department of Health refused the request on the basis of section 35(1)(a) of the FOIA. The Commissioner’s decision is that the Department of Health has correctly engaged the exemption but she considers the public interest in disclosure outweighs the public interest in maintaining the exemption. The Commissioner requires the public authority to disclose the drafts of the Childhood Obesity Strategy numbered 1, 35 and 68. Information Tribunal appeal EA/2018/0002 allowed in part. Information Tribunal appeal GIA/1553/2019 dismissed.
Exemptions cited: FOI 35
View Department of Health and Social Care
30 Nov 2017Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to decisions made by Bolton Council with regard to Leverhulme Park charitable land. The Commissioner’s decision is that Bolton Council is correct to assert that it does not hold the requested information in accordance with the EIR. However, initially the Council relied upon the FOIA and did not respond to the request in accordance with the relevant legislation. The Commissioner finds that Bolton Council breached regulation 14(2) of the EIR because it did not provide a refusal notice within 20 working days. The Commissioner requires no steps to be taken.
Exemptions cited: EIR 12(4)(a); EIR 14(2)(1); EIR 32(a)
View Bolton Council
30 Nov 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested all the witness statements that the Health and Safety Executive (HSE) obtained as part of its investigation into an incident in October 2015. HSE withheld the information, citing the exemption under section 40(2) (third party personal data) of the FOIA as its basis for doing so. The Commissioner’s decision is that HSE correctly applied section 40(2) of the FOIA and does not need to take any further action.
Exemptions cited: FOI 40(2)
View Health and Safety Executive
29 Nov 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to Lancashire County Council’s actions, including actions in relation to a specific school. The Commissioner’s decision is that Lancashire County Council has correctly applied the provision for vexatious requests at section 14(1) of the FOIA. She does not require the public authority to take any steps to ensure compliance with the legislation.
Exemptions cited: FOI 14
View Lancashire County Council
29 Nov 2017Complaint partially upheldFreedom of Information Act 2000
The complainant made a freedom of information request to the West Hampshire Clinical Commissioning Group (“the CCG”) for a number of separate pieces of information regarding Orthopaedic services. The CCG disclosed some of the information, explained that some information was not held and withheld some information under the section 43(2) (commercial interests) exemption. The Commissioner’s decision is that where the CCG has said that some of the requested information is not held she is satisfied that this is correct and that the CCG has complied with section 1 of FOIA. The Commissioner also found that most of the information withheld under section 43(2) was not exempt and should be disclosed. For a small amount of information the Commissioner accepted that section 43(2) was engaged and that the public interest in maintaining the exemption outweighed the public interest in disclosure.
Exemptions cited: FOI 1; FOI 43
29 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information about the individuals scheduled to have been deported on charter flights to two named African countries on specified dates. The Home Office confirmed that it held the relevant information but withheld some of it relying on the FOIA exemptions in sections 31(1)(e) (law enforcement as it relates to the operation of the immigration controls) and 27 (international relations). The Home Office extended the response period to conduct a public interest balancing test but has still not completed the test. The Commissioner decided that, although it has complied with section 17(1) FOIA in stating which exemptions are to be relied upon, by failing to complete its public interest test consideration within a reasonable time period the Home Office had breached section 17(3) FOIA. The Commissioner also found breaches of sections 1(1) and 10(1) FOIA. The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation: dis
Exemptions cited: FOI 1; FOI 10; FOI 17
View Home Office
29 Nov 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the contents of any proceedings or action taken by the Pensions Regulator (the Regulator) related to a named hotel (the hotel). The Pensions Regulator refused to confirm or deny if it held the information, citing section 44(2) (prohibitions on disclosure) of the FOIA, on the grounds that section 82 of the Pensions Act 2004 provides a statutory prohibition on the disclosure of ‘restricted information’. The Commissioner has investigated the Regulators application of section 44(2). Her decision is that the Regulator has correctly applied the exemption on the basis that confirmation or denial was prohibited by section 82 of the Pensions Act 2004 (PA). The Commissioner does not require the Regulator to take any steps.
Exemptions cited: FOI 44
View The Pensions Regulator
28 Nov 2017Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant had requested information held by Guilford Borough Council (the council) relating to the Local Plan and route options for access to a proposed development. Whilst the council provided the complainant with some details, it withheld the majority of the relevant informaiotn under regulation 12(4)(d) (material still in the course of completion), regulation 12(5)(e) (confidentiality of commercial or industrial information, and regulation 12(5)(f) (interests of the person who provided the information). The Commissioner’s decision is that the council has correctly applied regulation 12(4)(d) of the EIR to all the withheld information and the public interest favours maintain the exception in this instance.
The Commissioner does not require the public authority to take any steps as a result of this decision notice.
Exemptions cited: EIR 12(4)(d)
View Guildford Borough Council
28 Nov 2017Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested various items of information relating to grant funding awarded to Sawtry Youth Project (“SYP”). The council said that some of this information had already been provided and some of it was not held. The complainants did not accept that the council had provided the information. The Commissioner decided that the requests should have been considered under the terms of the Environmental Information Regulations 2004 (“the EIR”). She found that some additional information was held, but it has now been provided. On the balance of probabilities, no further information was held. The Commissioner has found a breach of regulation 5(1) and 5(2). There are no steps to take. Information Tribunal appeal EA/2018/0008 withdrawn.
Exemptions cited: EIR 5(1); EIR 5(2)
View Cambridgeshire County Council
28 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to the Ministry of Justice (MoJ)’s procedure for responding to letters from the public as well as statistical information relating to offenders on drug charges. While the MoJ provided a response, it did so outside of the required 20 working day timescale of the FOIA. The Commissioner’s decision is that, in failing to respond to the request within the statutory timescale, the MoJ breached section 10(1) of the FOIA. As a response has been provided, the Commissioner does not require the MoJ to take any further steps.
Exemptions cited: FOI 10
View Ministry of Justice
28 Nov 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested specific policy documents from Cambridgeshire County Council. The Council responded that the requested information was not held, which the complainant contests. The Commissioner’s decision is that the Council does not hold the requested information. The Commissioner does not require the public authority to take any steps.
Exemptions cited: FOI 1
View Cambridgeshire County Council
27 Nov 2017Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested a copy of an agreement between local authorities and Peel Group relating to Durham Tees Valley Airport Ltd. Darlington Borough Council withheld the information under the exemption for commercial interests (section 43(2) of the FOIA) and, following the Commissioner’s involvement, revised its position, withholding the information under the EIR exception for commercial confidentiality (regulation 12(5)(e). The Commissioner’s decision is that Darlington Borough Council wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14 and, failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires the public authority to disclose the requested information to the complainant. Information Tribunal appeal EA/2018/0005 allowed in part.
Exemptions cited: EIR 12(5)(e); EIR 14(4); EIR 5(1)
View Darlington Borough Council
27 Nov 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to the swearing in of two named lay panel members of the First-tier Tribunal (War Pensions and Armed Forces Compensation). The Ministry of Justice (MoJ) confirmed it held the requested information but refused to provide it citing section 40(2) of the FOIA (personal information). The Commissioner’s decision is that the MoJ correctly applied section 40(2) to the requested information. She requires no steps to be taken as a result of that decision.
Exemptions cited: FOI 40
View Ministry of Justice
27 Nov 2017Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information relating to the West Suffolk Operational Hub. St Edmundsbury Borough Council refused the request, citing the EIR exception for commercial confidentiality (regulation 12(5)(e)). The Commissioner’s decision is that St Edmundsbury Borough Council has failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information to the complainant.
Exemptions cited: EIR 12(5)(e)
27 Nov 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested correspondence about a meeting which took place on 29 July 2016 from the Home Office (the “HO”). The HO refused to provide this citing the exemptions at sections 36(2)(b)(i) & (ii) (prejudice to effective conduct of public affairs) and 40(2) (personal information) of the FOIA. The Commissioner’s decision is that the HO was entitled to rely on section 36(2)(b)(i) & (ii) to withhold the requested information. No steps are required. Information Tribunal appeal EA/2017/0293 dismissed.
Exemptions cited: FOI 36
View Home Office
23 Nov 2017Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested a copy of the structural engineers report regarding Grenfell Tower. The Commissioner’s decision is that the Royal Borough of Kensington and Chelsea (RBKC) has breached regulation 5(2) of the EIR by failing to respond to this request. The Commissioner requires the public authority to issue a substantive response to the complainant under the EIR by either complying with regulation 5(1) or issuing a valid refusal notice. 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 5(2)
View Royal Borough of Kensington and Chelsea
23 Nov 2017Complaint partially upheldFreedom of Information Act 2000
The complainant requested information relating to an Independent Police Complaints Commission (IPCC) managed investigation known as Operation Kalmia. The IPCC disclosed some information within the scope of the request but withheld the remainder citing the exemptions at sections 30, 38 and 40 of the FOIA (investigations and proceedings, health and safety and personal information respectively). Having considered its application of sections 30(2), 40(2) and 40(5), the Commissioner’s decision is that the IPCC was entitled to either rely on those sections to withhold the requested information or neither confirm nor deny holding relevant information. However, she finds that the IPCC breached sections 1 (general right of access) and 10 (time for compliance) of the FOIA by failing to disclose the information it provided within the statutory timescale. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 1; FOI 10; FOI 30; FOI 40
View Independent Office for Police Conduct
23 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested a detailed breakdown of Potto Parish Council’s budget for village improvements including any job tasks for the financial year 2017/18. The Council responded with some information, but said no detailed quotations were held by it. The complainant maintained that the Council held further detail in order to arrive at the figure in the 2017/18 budget. During communications with the Commissioner, the Council provided further information about how the village improvements figure had been calculated. The Commissioner’s decision is that in failing to communicate to the complainant all the information it held to fulfil the request within the statutory timescale of 20 working days, Potto Parish Council breached section 10(1) (time for compliance) of the FOIA. She also found a breach of section 1 (general right of access) of the FOIA. The additional information has been provided to the complainant. The Commissioner does not require the Council to take any steps
Exemptions cited: FOI 1; FOI 10
23 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from University College London Hospitals NHS Foundation Trust (‘the Trust’) about a transport contract the Trust has with GS4. At the date of this notice, the Trust has not provided a response to the request. The Commissioner’s decision is that: The Trust has breached section 10(1) of the FOIA as it has not provided a response to the request within 20 working days. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: Provide a response to the complainant’s request of 26 July 2017.
Exemptions cited: FOI 10
View University College London Hospitals NHS Foundation Trust
22 Nov 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about potential changes to the regulations that govern London's private hire trade. The Cabinet Office denied holding information within the scope of this request. The Commissioner’s decision is that Cabinet Office complied with its obligations under section 1 of the FOIA when it denied holding the requested information. No steps are required.
Exemptions cited: FOI 1
View Cabinet Office
22 Nov 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested from the Department of Business, Energy and Industrial Strategy (“DBEIS”) correspondence between itself and other parties about Transport for London’s Private Hire Vehicle regulations from September – December 2015. DBEIS denied holding this information. The Commissioner’s decision is that DBEIS, on the balance of probabilities, does not hold the requested information.
Exemptions cited: FOI 1
View Department for Business and Trade
22 Nov 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested all records associated with the Medicines and Healthcare Products Regulatory Agency (“MHRA”) Reference Number device CA014885. The Commissioner’s decision is that the MHRA has correctly applied section 44(1)(a) (statutory prohibition) of the FOIA to the information. The Commissioner does not require the council to take any steps.
Exemptions cited: FOI 44
View Medicines and Healthcare products Regulatory Agency
22 Nov 2017Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has submitted a request to the Department for International Development (DFID) for information about its decision to suspend payments to Development Aid People to People Malawi. DFID refused to answer the request on the basis of section 12(1) of FOIA because it estimated that fulfilling the request would exceed the appropriate cost limit. The Commissioner has concluded that DFID is entitled to rely on section 12(1) to refuse this request. She has also concluded that DFID complied with its obligations under section 16(1) of FOIA by providing the complainant with advice and assistance to allow him to submit a revised request.
Exemptions cited: FOI 12; FOI 16
View Department for International Development
22 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from the Department for Work and Pensions (DWP) regarding the Universal Credit Programme Board and the ‘information packs’ supplied to them. The Commissioner’s decision is that DWP has breached section 10(1) of the FOIA as it has failed to give a substantive response to the request within the reasonable timeframe specified by section 10(3). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. DWP must issue a substantive response to the request in accordance with its obligations under the FOIA.
Exemptions cited: FOI 10
View Department for Work and Pensions
22 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Cabinet Office relating to correspondence it received about a proposed visit from the President of the United States of America, Donald Trump. The Cabinet Office refused the request under section 12(1) of the Freedom of Information Act 2000 (the Act) as it considered that compliance with the request would exceed the appropriate limit. The Commissioner’s decision is that the Cabinet Office has not demonstrated that section 12(1) applies. The Commissioner requires the public authority to issue a response to the complainant which does not refuse it under section 12(1) of the Act.
Exemptions cited: FOI 12
View Cabinet Office
21 Nov 2017Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Brighton and Hove City Council (“the council”) relating to leasehold properties sold to Brighton and Hove Seaside Community Homes Limited (“BHSCH”). The council said that it did not hold the information. The complainant disputed this. Following the Commissioner’s intervention, the council said that it did hold relevant information and it provided it to the complainant. The complainant continued to dispute that he had been provided with the information requested. The Commissioner’s decision is that the council provided the information that it held and that there is no further information to provide. He finds that it breached section 1(1)(a) and (b) and 10(1) for not providing the information that it held. There are no steps to take.
Exemptions cited: FOI 1; FOI 10
View Brighton and Hove City Council
21 Nov 2017Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested a full copy of a report obtained by the former Department of Energy and Climate Change (which became part of the newly formed Department for Business, Energy & Industrial Strategy in July 2016) from Evercore Partners International LLP on investment and financing considerations for new nuclear investment in Great Britain. The Department withheld the report in its entirety under regulations 12(5)(e)(confidentiality of commercial or industrial information) and 12(5)(f)(interests of the person who provided the information) of the Environmental Information Regulations 2004 (EIR). The Commissioner’s decision is that BEIS correctly withheld the report under regulation 12(5)(e) and that at the time of the request the public interest balance favoured maintaining the exception. She does not therefore require BEIS to take any steps as a result of this notice.
Exemptions cited: EIR 12(5)(e)
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