12 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the BBC about data gathered from exit poll interviews. The BBC responded that the requested information was covered by the derogation and hence excluded from FOIA. The Commissioner’s decision is that this information, if held at all, is held by the BBC for the purposes of journalism, art or literature and so is not covered by FOIA. He therefore upholds the BBC’s position and requires no steps to be taken in this case.
Exemptions cited: FOI 3
View BBC
12 Dec 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information about inspections of a particular vehicle crossing. Kent County Council (the Council) refused the request citing regulation 12(4)(b) (manifestly unreasonable) of the EIR. The Commissioner’s decision is that the Council correctly applied regulation 12(4)(b) to the request. The Commissioner does not rq1uire any steps to be taken.
Exemptions cited: EIR 12(4)(b)
View Kent County Council
12 Dec 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information from Waverley Borough Council (“the Council”) relating to a tree preservation order. The Commissioner’s decision is that on the balance of probabilities, the Council does not hold further information within the scope of the request. The Commissioner does not require the Council to take any steps.
Exemptions cited: EIR 5(1)
View Waverley Borough Council
12 Dec 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant submitted a request to Severn Trent Water Ltd (STW) for information in relation to alleged water contamination.
The Commissioner’s decision is that STW has failed to respond to this request within 20 working days, as specified in the EIR. The Commissioner requires STW to provide the complainant with a response to the request in accordance with its obligations under the EIR. The public authority must take these steps within 30 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 Freedom of Information Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 5(2)
View Severn Trent Water
12 Dec 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested Defra to disclose information relating to phosphate mitigation and the nutrient neutrality policy for the Dorset, Bournemouth, Christchurch and Poole areas. Defra refused the requests citing regulation 12(4)(b) of the EIR (manifestly unreasonable).The Commissioner’s decision is that Defra is entitled to rely on regulation 12(4)(b) of the EIR for both requests and the public interest rests in maintaining the exception. The Commissioner does not require further steps to be taken.
Exemptions cited: EIR 12(4)(b)
12 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a request for information to Flintshire County Council (“the Council”) for information relating to certain policies.The Commissioner considers that the Council was correct to confirm that it does not hold the requested information. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 1
View Flintshire County Council
11 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to Penkridge Parish Council’s (the council) precept for 2024/2025. The Commissioner’s decision is that, on the balance of probabilities, the council does not hold any further information falling within the scope of the request.
Exemptions cited: FOI 1
11 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested all correspondence between the Clerk of Barwell Parish Council (the Council) and the Clerk of Witherley Parish Council. The Council informed the complainant that it does not hold any relevant information. The Commissioner’s decision is that the request would be the complainant’s own personal data and would be exempt from disclosure under section 40(1) of the FOIA. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 40(1)
11 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to work-related accidents that Deliveroo, Just Eat Takeaway and Uber (Eats) have reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). The Health and Safety Executive has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 30 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View Health and Safety Executive
11 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The commissioner wrote to the public authority on 21 November 2024 to remind it of its obligations, the public authority responded on 5 and 11November 2024, however, it stated on 26 November 2024 “With regard to request 121-2024 - this request is complex, and the Authority is working at speed to deliver a response to the requester.”
The public authority has failed to respond appropriately despite advice and assistance from the Commissioner. Based on the evidence available to the Commissioner, by the date of this notice the public authority has failed toissue a substantive response to this request. Therefore, the Commissioner finds a breach of section 10.
Exemptions cited: FOI 10
View Tees Valley Combined Authority
11 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested copies of correspondence between Anna Turley and a number of Gambling Commission staff between 1 January 2020 and 3 July 2024. The Gambling Commission (‘the GC’) would neither confirm nor deny holding the requested information, citing section 40(5B) of FOIA (personal information) as its basis for doing so. The Commissioner’s decision is that section 40(5B) of FOIA is engaged and that the GC was entitled to neither confirm nor deny whether it holds the requested information. The Commissioner does not require further steps. Information Tribunal FT/EA/2025/0046 under appeal.
Exemptions cited: FOI 40(5)
View Gambling Commission
11 Dec 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested internal guidance for use by teams working on managed migration. The Department for Work and Pensions (DWP) provided the complainant with 19 pieces of guidance and redacted a small amount of this information under section 31(1)(a), prevention or detection of crime. The Commissioner’s decision is that DWP has located all information falling within the scope of the request and is entitled to rely on section 31(1)(a) to withhold the redacted information. The Commissioner does not require further steps.
Exemptions cited: FOI 1; FOI 10; FOI 31
View Department for Work and Pensions
11 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested copies of particular policies and procedural guidelines.
The Commissioner’s decision is that the above public authority (“Warwickshire Police”) did not provide adequate advice and assistance in accordance with section 16 of FOIA.
The Commissioner does not require further steps to be taken.
Exemptions cited: FOI 16
View Warwickshire Police
10 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the income and expenditure incurred by each campus. Ulster University (the university) has refused to disclose some of the information on the basis of section 43(2) (commercial interest) of FOIA. The university’s response to the remainder of the request is that it does not hold the information in the manner requested by the complaint. The Commissioner’s decision is that the university was correct to withhold the requested information under section 43(2) and the public interest favours maintaining the exemption. The Commissioner has also decided that on the balance of probabilities the university does not hold any further information falling within the scope of the complainant’s request. He does not require any further steps to be taken. First-tier tribunal (General Regulatory chamber) information rights appeal FT/EA/2025/0003 under appeal.
Exemptions cited: FOI 1; FOI 43(2)
View Ulster University
10 Dec 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested that London Southwark Council (“the public authority”) provide him with information about vacant land in London. The public authority denied holding some of the requested information. It released some of the requested information it did hold but withheld the remainder by relying on the following exceptions;
• Regulation 5(1) – (Information not held)• Regulation 12(3) - (Personal data of a person other than the applicant)• Regulation 12(5)(b) – (The course of justice, etc)• Regulation 12(4)(e) – (Internal communications).1. The Commissioner’s decision is that the• Public authority has not complied with its obligations under regulation 5(1).• Regulation 12(5)(b) was engaged and the public interest favoured maintaining the exception.
• Regulation 12(4)(e) was not engaged for some information but where it was the public interest favoured maintaining the exception.• The public authority was entitled to rely on regulation 12(3) of the EIR to withhold req
Exemptions cited: EIR 12(3); EIR 12(4)(e); EIR 12(5)(b); EIR 5(1)
View Southwark Council
10 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to the allocation of funds to the Isle of Wight Council. The Department for Levelling Up, Housing and Communities (DLUHC) refused to disclose the information under section 35(1) of FOIA (government policy). DLUHC has recently changed name to the Ministry of Housing, Communities and Local Government (MHCLG). Although the request was submitted before the change of name, the Commissioner’s decision notice refers to MHCLG throughout. The Commissioner’s decision is that MHCLG is entitled to rely on section 35 of FOIA to withhold the information. The Commissioner does not require further steps.
Exemptions cited: FOI 35(1)(a); FOI 40(2)
View Ministry of Housing, Communities and Local Government
10 Dec 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about specific planning applications. North Lincolnshire Council originally withheld information under regulation 12(5)(d) (confidentiality of proceedings) but disclosed it at internal review stage. The Commissioner’s decision is that the Council has disclosed all held information. The Commissioner does not require further steps. Information Tribunal FT/EA/2025/0011 appeal withdrawn.
Exemptions cited: EIR 5(1)
View North Lincolnshire Council
10 Dec 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested from Imperial College London (the College) correspondence with public relations companies/individuals relating to two academic papers that were published. The College initially applied section 14 of FOIA to refuse the request, and subsequently identified and disclosed one email but denied holding any further information within the scope of the request.
The Commissioner’s decision is that, on the balance of probabilities, the College does not hold any further information within the scope of the request. However, in failing to confirm it holds one email and disclose it within the statutory timeframe, the College breached section 1 (general right of access to information) and 10 (timescale for compliance) of FOIA.
The Commissioner does not require any further steps to be taken.
Exemptions cited: FOI 1
10 Dec 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about a decision to close three specific files. The above public authority relied on sections 36 (prejudice to the effective conduct of public affairs) and 40(2) of FOIA (third party personal information) to withhold the information. The Commissioner’s decision is that the public authority has correctly applied section 40(2) of FOIA. Sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) are all engaged, but the balance of the public interest favours disclosure. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose all the information it has relied on any limb of section 36 to withhold.Information Tribunal FT/EA/2025/0068 under appeal.
Exemptions cited: FOI 36; FOI 40(2)
View The National Archives
10 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about cancelled or reduced funding allocations. The above public authority relied on section 12 of FOIA (costs) to refuse the request. The Commissioner’s decision is that the public authority was entitled to rely on section 12 of FOIA to refuse the request. The Commissioner does not require further steps to be taken.
Exemptions cited: FOI 12; FOI 16
View Department for Education
10 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to private finance initiatives and private finance projects. Leeds Teaching Hospitals NHS Trust (“the public authority”) disclosed information, but also withheld information under section 43(2). The Commissioner’s decision is that the exemption is engaged but that the public interest lies in disclosure. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the withheld information.
Exemptions cited: FOI 43(2)
View Leeds Teaching Hospitals NHS Trust
10 Dec 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information held by Ockbrook and Barrowash Parish Council (the parish council) in relation to the reclassification of greenbelt land at specific locations. Whilst the Commissioner has found that the request is for environmental information, he is satisfied that, on the balance of probabilities, the requested information is not held and that the parish council is entitled to rely on regulation 12(4)(a) of the EIR as its basis for refusing the complainant’s request.The Commissioner does not require any steps.
Exemptions cited: EIR 12(4)(a)
10 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to the then Attorney General. The Attorney General’s Office (AGO) refused to provide the requested information, citing sections 36 (prejudice to effective conduct of public affairs) and 41 (information provided in confidence) of FOIA. The Commissioner’s decision is that the AGO was entitled to rely on section 36(2)(b)(i) and (c) to withhold the requested information. He does, however, find that the AGO committed procedural breaches in its handling of the request. The Commissioner requires no steps to be taken as a result of this decision. Information Tribunal FT/EA/2025/0047 under appeal.
Exemptions cited: FOI 36
View Attorney General's Office
9 Dec 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested information relating to a specific planning application. Wiltshire Council (the “Council”) disclosed some information and withheld other information under the exceptions for information in the course of completion (regulation 12(4)(d)), the course of justice (regulation 12(5)(b)) and third party personal information (regulation 13). The Commissioner’s decision is that the Council correctly withheld the information under regulation 12(4)(d) and regulation 12(5)(b) but that it failed to provide its internal review in time and breached regulation 11(4). The Commissioner does not require further steps.
Exemptions cited: EIR 11(4); EIR 12(4)(d); EIR 12(5)(b)
View Wiltshire Council
9 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 30 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 FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View Richmond upon Thames Council
9 Dec 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about complaints. The above public authority initially relied on section 40(2) of FOIA (third party personal information) to withhold all of the information, but subsequently disclosed some. The Commissioner’s decision is that the public authority is entitled to rely on section 40(2) of FOIA to withhold the remaining information. The public authority breached section 10 of FOIA as it disclosed some information outside of the 20 working day timeframe. The Commissioner does not require further steps to be taken.Keywords: small numbers
Exemptions cited: FOI 10; FOI 40(2)
View Transport for London
9 Dec 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information relating to a planning enforcement dispute he was engaged in with Stratford-on-Avon District Council (“the Council”). The Council disclosed some information, but it withheld some information, under regulations 12(4)(e) (Internal communications), 12(5)(b) (Course of justice etc) and 12(5)(f) (Adverse affect to the interests of the provider) of the EIR. The complainant disagreed with the application of the exceptions and he also considered that not all of the information falling within scope of the request had been identified and disclosed to him. The Commissioner’s decision is that, at the time of the request, the Council was entitled to rely on regulations 12(5)(b) and 12(5)(f) to withhold the information. He also finds that, on the balance of probabilities, the Council has disclosed all the information it held in respect of point (6) of the request. Information Tribunal FT/EA/2025/0044 appeal allowed.
Exemptions cited: EIR 12(4)(a); EIR 12(5)(b); EIR 12(5)(f)
View Stratford-on-Avon District Council
9 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a copy of a particular car parking related procedure from Leicestershire Police, together with a copy of the procedures or tests the Force uses to determine whether to investigate a crime or whether to refer it to the Crown Prosecution Service. Leicestershire Police initially cited section 31(1)(a) (the FOIA law enforcement exemption for the prevention or detection of crime, and section 31(1)(b) (the FOIA exemption for the apprehension or prosecution of offenders) to refuse the request, but provided some narrative details. During the course of the Commissioner’s investigation, Leicestershire Police revised its position and provided the previously withheld Road Traffic Procedure in full. For the remainder of the request it cited section 12(1) of FOIA. The complainant remained dissatisfied with the application of section 12 of FOIA. The Commissioner’s decision is that Leicestershire Police has properly relied on section 12(1) of FOIA to refuse the second part of
Exemptions cited: FOI 12; FOI 16
View Leicestershire Police
9 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 30 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 FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View Richmond upon Thames Council
9 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about GP provision, including the budgets for managed practices. The above public authority relied on section 43 of FOIA to withhold the requested information. The Commissioner’s decision is that the public authority was not entitled to rely on section 43 of FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the budget and spend information, for the five practices directly managed by the public authority as of 1 January 2024, for the financial years specified in the request.
Exemptions cited: FOI 43
View Aneurin Bevan University Health Board
6 Dec 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information relating to a government statement on the financial incentivisation of biomass electricity generators. DESNZ refused the request in reliance on the exception at EIR regulation 12(5)(e) – confidentiality of commercial information.The Commissioner’s decision is that in the circumstances of this case DESNZ correctly applied the exception at regulation 12(5)(e) and the public interest favours maintaining the exception.The Commissioner does not require further steps.
Exemptions cited: EIR 12(5)(e)
View Department for Energy Security and Net Zero
6 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that Nexus is entitled to withhold the requested information about a complaint under section 40(2) of FOIA. The information is another person’s personal data and disclosing it would be unlawful. It’s not necessary for Nexus to take any corrective steps.
Exemptions cited: FOI 40(2)
5 Dec 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about academic staff declaring as White at the University of Hull (‘the University’). The University disclosed some information and has relied on section 40(2) of FOIA to withhold the remaining information. This exemption concerns personal data.The Commissioner’s decision is as follows: The University hasn’t fully addressed the complainant’s request for information about White academics in the University as a whole and so hasn’t complied with section 1(1) and section 10(1) of FOIA.The requested information about White academics in two specific Schools and a specific Faculty to which the University has applied section 40(2) of FOIA is special category personal data and the University is correct to withhold it.The University must take the following steps to ensure compliance with the legislation: provide a response that complies with FOIA to the request for the fellowship status and qualifications of White Lecturers across the University for Marc
Exemptions cited: FOI 1(1); FOI 10(1); FOI 40(2)
5 Dec 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested communications between the Regulator of Social Housing (the RSH) and two Registered Providers (RP’s) relating to a potential merger. The RSH responded and disclosed some correspondence but withheld information under section 31 (law enforcement), 40 (personal information), 41 (information provided in confidence), 42 (legal professional privilege) and 43 (commercial interests) FOIA. The complainant also queried if further information was held. The Commissioner’s decision is that the RSH has conducted appropriate searches and that all relevant information has been located in line with its obligations under section 1. He also finds that the majority of the information engages section 41 and the RSH has correctly withheld this. Personal data has also correctly been withheld under section 40 FOIA. For the remaining information withheld under section 43 and section 31 the Commissioner does not find either exemption is engaged. This information is contained in doc
Exemptions cited: FOI 1; FOI 31; FOI 40; FOI 41; FOI 43
View Regulator of Social Housing
5 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested correspondence relating to the resignations of named Parish Councillors. East Lindsey District Council (ELDC) provided some information, but withheld the rest on the basis of section 31(1)(g) (prejudice to law enforcement) of FOIA.The Commissioner’s decision is that ELDC was entitled to rely on section 31(1)(g) in relation to the withheld information. The Commissioner does not require further steps. Information Tribunal FT/EA/2025/0026 under appeal.
Exemptions cited: FOI 31(1)(g)
View East Lindsey District Council
5 Dec 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested Coxhoe Medical Practice (the practice) to disclose a copy of its personal accounts for the year 2022/23. The practice disclosed some information but withheld the remainder citing sections 21 and 43 of FOIA. The Commissioner’s decision is that the practice is entitled to apply sections 21 of FOIA to the blue sections of the withheld information. With regards to section 43 of FOIA, it is the Commissioner’s decision that the practice is entitled to apply this exemption to the red sections of the withheld information, with the exception of the bank loan interest amounts. The Commissioner also notes that the practice is now willing to disclose the sections of the withheld information highlighted in green. The Commissioner requires the practice to disclose the sections of the withheld information highlighted in green to the complainant and disclose the bank loan interest amounts highlighted in red.
Exemptions cited: FOI 21; FOI 43
5 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The Commissioner’s decision is that the public authority breached section 10(1) of FOIA by failing to provide a response within 20 working days.
Exemptions cited: FOI 10
View The Queen Elizabeth Hospital, King's Lynn, NHS Foundation Trust
4 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information held by West Northamptonshire Council (the council) in respect of its House in Multiple Occupation License Register (HMO License Register). Housing legislation requires the council to not only make the HMO Licence Register available for public inspection, but also to provide a copy upon receipt of a request from any individual. The Commissioner is therefore satisfied that the requested information is reasonably accessible to the complainant by other means, and the council is entitled to rely on section 21(2)(b) of FOIA as its basis for refusing the complainant’s request.
Exemptions cited: FOI 21
View West Northamptonshire Council
4 Dec 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested email addresses of staff contacts in specific teams for each Jobcentre in London. The Department for Work and Pensions (DWP) relied on section 12(1), cost of compliance, to refuse to comply with the request. The Commissioner’s decision is that DWP is entitled to rely on 12(1) to refuse to comply with the request. The Commissioner does, however, find that DWP failed to provide reasonable advice and assistance in accordance with section 16 to aid the complainant in refining their request. The Commissioner therefore requires DWP to provide the complainant with advice and assistance regarding how to refine their request. The public authority must take these steps within 30 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. Information Tribunal FT/EA/2025/0042 under appeal.
Exemptions cited: FOI 12; FOI 16
View Department for Work and Pensions
4 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information in respect of immigration control areas at Gatwick and Manchester Airports. The Home Office refused to disclose the requested information, citing section 31(1)(e) (Law enforcement – operation of immigration controls).
The Commissioner’s decision is that the Home Office was not entitled to apply section 31(1)(e) to refuse to disclose the requested information.
In failing to disclose all non-exempt information within the statutory timeframe, the Home Office has breached section 10 (timescale for compliance) of FOIA.
The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation. • Disclose the withheld information to the complainant.
The Home Office must take these steps within 30 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
Exemptions cited: FOI 10(1); FOI 31
View Home Office
4 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 30 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 FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 10
View Home Office
4 Dec 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested emails associated with London Jobcentres. The Department for Work and Pensions (DWP) relied on section 12(1), cost of compliance, to refuse to comply with the request. The Commissioner’s decision is that DWP is entitled to rely on section 12(1) to refuse to comply with the request. The Commissioner finds that DWP did not provide adequate advice and assistance in accordance with section 16. However, the Commissioner has ordered remedial steps which would also rectify this matter in decision IC-316713-L5R8. As the complainant in both cases is the same person, the Commissioner is exercising his discretion to not duplicate this action.
Exemptions cited: FOI 12; FOI 16
View Department for Work and Pensions
3 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the British Broadcasting Corporation about Huw Edwards. The Commissioner’s decision is that the public authority has failed to respond to the request within 20 working days and has therefore breached section 1 of FOIA. The public authority must provide a substantive response to the request in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View BBC
3 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested Durham University (the University) to disclose the median hourly pay for employees for women as a percentage of the median hourly pay for full-time employees for men, broken down for each of its academic departments. The University refused to disclose the information citing section 43 of FOIA. The Commissioner’s decision is that the University is not entitled to rely on section 43 of FOIA. The Commissioner requires the University to disclose the requested information to the complainant.
Exemptions cited: FOI 43
View University of Durham
3 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a specified protocol relating to Warwickshire Hunt. Warwickshire Police refused to provide the requested information citing section 32 of FOIA – the exemption for court records etc, and section 42 of FOIA – the exemption for legal professional privilege. The complainant challenged both the application of the FOIA exemptions and whether the request should instead have been considered under the EIR. The Commissioner’s decision is that FOIA is the correct statutory regime for this request for the reasons set out in this notice. He also finds that Warwickshire Police was entitled to rely on section 32(1)(b) of FOIA to refuse this request. As he has found section 32(1)(b) to be engaged, the Commissioner has not deemed it necessary to consider Warwickshire Police’s additional reliance on section 42(1) of FOIA. No steps are required as a result of this decision.
Exemptions cited: FOI 32
View Warwickshire Police
3 Dec 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The public authority has failed to respond to this request within 20 working days, as specified in the EIR. The Commissioner requires it to provide the complainant with a response to this request within 30 calendar days in accordance with its obligations under the EIR.
Exemptions cited: EIR 5(2)
View London Borough of Croydon
3 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Foreign, Commonwealth & Development Office (FCDO) seeking documents relating to the accidental shooting down of an Iranian passenger aircraft by the USS Vincennes in July 1988. The FCDO disclosed some information but withheld further information on the basis of section 21 (information reasonably accessible), and section 23(1) (security bodies) or, in the alternative, section 24(1) of FOIA. The complainant disputed the application of the latter two exemptions. The Commissioner has concluded that the disputed 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 Foreign, Commonwealth & Development Office
3 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the British Broadcasting Corporation about the Strictly Come Dancing programme. The Commissioner’s decision is that the public authority has failed to respond to the request within 20 working days and has therefore breached section 1 of FOIA. The public authority must provide a substantive response to the request in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View BBC
3 Dec 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information about a specific planning application. Dacorum Borough Council (the “Council”) disclosed information and withheld other information under the exceptions for commercial confidentiality (regulation 12(5)(e)) and the interests of the information provider (regulation 12(5)(f)). The Commissioner’s decision is that the Council correctly withheld the information under regulation 12(5)(f). The Commissioner does not require any further steps.
Exemptions cited: EIR 12(5)(f)
View Dacorum Borough Council
3 Dec 2024Complaint partially upheldFreedom of Information Act 2000
The Commissioner’s decision is that the BBC wasn’t entitled to refuse parts 1 – 3 of the complainant’s request for information about a letter under section 14(1) and section 21(1) of FOIA – vexatious request and information accessible to the applicant, respectively. Part 4 of the request does engage section 14(1), however. For the reasons explained in this decision notice, it’s not necessary for the BBC to take any corrective steps in relation to parts 1 – 3.
Exemptions cited: FOI 14(1); FOI 21
View BBC