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 partially upheldFreedom of Information Act 2000
The complainant submitted a request to the Ministry of Defence (MOD) about weapons smuggling from Serbia to Kosovo. The MOD initially confirmed that it held information falling within the scope of the request but considered this to be exempt from disclosure on the basis of sections 26 (defence) and 27 (international relations) of FOIA. At the internal review stage the MOD determined that section 12(2) (cost limit) of FOIA applied to part of the request and therefore on the basis of this provision refused to comply with the entirety of the request. The Commissioner’s decision is that the MOD can rely on section 12(2) of FOIA to refuse to comply with the entire request. However the MOD’s handling of this request resulted in procedural breaches of the legislation, namely sections 10(1) and 17(3).
Exemptions cited: FOI 10; FOI 12; FOI 17
View Ministry of Defence
3 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the City of London (CoL) seeking a list of ratepayers (limited companies and corporates only and not sole traders/individuals) that had been awarded Expanded Retail Relief for a specified period. The CoL refused the request on the basis of section 12(1) (cost limit) and section 31(1)(a) (law enforcement). The Commissioner’s decision is that the CoL is entitled to refuse to comply with the request on the basis of section 12(1), and that even if the request could be processed within the cost limit, such information would be exempt from disclosure on the basis of section 31(1)(a) of FOIA.
Exemptions cited: FOI 12; FOI 31
View City of London Corporation
2 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 South East Coast Ambulance Service NHS Foundation Trust
2 Dec 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested copies of central risk assessments for flooding and heatwaves in hospitals. NHS England (‘NHSE’) stated that it did not hold the requested information. The Commissioner’s decision is that, on the balance of probabilities, NHSE does not hold the requested information. The Commissioner also finds that the NHSE breached regulation 11 of the EIR as it failed to carry out its internal review within 40 working days. The Commissioner does not require further steps.
Exemptions cited: EIR 11; EIR 5(1)
View NHS England
2 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about Bounce Back Challenge Fund grant awards. Bournemouth, Christchurch & Poole Council (the Council) deemed the request to be vexatious under section 14(1) of the FOIA and refused to respond to the request, relying on section 17(6) of the FOIA as the basis for doing so. The Commissioner’s decision is that the request was vexatious under section 14(1), and that the Council was entitled to rely on section 17(6) of FOIA to decline to issue a further refusal notice. The Commissioner does not require any steps to be taken. First-tier tribunal (General Regulatory chamber) information rights appeal FT/EA/2025/0038 under appeal.
Exemptions cited: FOI 17(6)
View BCP Council
2 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information held by North Yorkshire Council (the council) about a parking permit application that they believe to have been submitted by a particular individual. The Commissioner’s decision is that the council is entitled to rely on section 40(5B)(a)(i) (personal information) of FOIA to refuse to confirm or deny whether it holds the requested information. The Commissioner does not require further steps.
Exemptions cited: FOI 40(5)(b)(a)(i)
View North Yorkshire County Council
2 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about the Cabinet Office’s guidance regarding the ICO’s view on an aspect of the application of a certain exemption under FOIA. The Cabinet Office relied on section 14(1) of FOIA (vexatious) to refuse the request.The Commissioner’s decision is that the request was vexatious and therefore the Cabinet Office was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require any steps. Information Tribunal FT/EA/2025/0040 under appeal.
Exemptions cited: FOI 14
View Cabinet Office
2 Dec 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested various information about a proposed Prohibition of Motor Vehicles Order. Lincolnshire County Council provided some information and withheld other information under regulations 12(4)(d) (material in the course of completion) and 12(4)(e) (internal communications). During the course of the Commissioner’s investigation, the Council disclosed some additional information but maintained that the remaining information was exempt under regulations 12(4)(e) and 13 (personal data). The Commissioner’s decision is that the Council correctly applied regulations 12(4)(e) and 13 to continue to withhold the remaining information relevant to the request. The Commissioner does not require any steps to be taken.
Exemptions cited: EIR 12(4)(e); EIR 13
View Lincolnshire County Council
2 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested copies of documentation relating to Coventry City Council’s (the Council) management of IT assets. The Council provided some information, stated that other information was not held, which the complainant did not challenge, and relied on section 31(3) of FOIA (law enforcement) to neither confirm nor deny whether it held any further information. The Commissioner’s decision is that section 31(3) is not engaged.The Commissioner therefore requires the Council to take the following steps to ensure compliance with the legislation.Issue a fresh response to questions one, two, three, five, six, eight, 10, 11, and 14 to 18 of the request which confirms or denies whether the requested information is held.If the requested information is held, it should either be disclosed, or the Council should issue a refusal notice explaining why it is exempt from disclosure.
Exemptions cited: FOI 31(3)
View Coventry City Council
2 Dec 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to the asylum claim/immigration status of Abdul Ezedi. The Home Office ultimately disclosed some information but refused to provide the remainder, citing sections 40(2) (personal information), 41(1)(b) (information provided in confidence), 31(1)(e) (law enforcement), 38(1)(a) (health and safety) and 21(1) (information accessible by other means) of FOIA. The Commissioner has investigated its reliance on sections 41, 31, 38 and 40 of FOIA. The Commissioner’s decision is that the Home Office was entitled to withhold the information withheld by virtue of those exemptions. The Commissioner requires no steps to be taken as a result of this decision.
Exemptions cited: FOI 31; FOI 38; FOI 40; FOI 41
View Home Office
2 Dec 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested details of referrals to the Nursing and Midwifery Council. The above public authority (“the 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(1) of FOIA to refuse the request. However, the public authority failed to discharge its obligation under section 16 of FOIA to provide reasonable advice and assistance. The public authority also breached sections 10 and 17 of FOIA in its handling of the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Provide the complainant with advice and assistance to help her reframe her request such that will fall within the cost limit.
Exemptions cited: FOI 10; FOI 12; FOI 16; FOI 17
View Manchester University NHS Foundation Trust
2 Dec 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant made a five part request for information to Devon and Cornwall Police. Devon and Cornwall Police provided some information in response to part one of the request and stated that no information is held in regards to parts two to five of the request. The Commissioner’s decision is that Devon and Cornwall Police did not seek clarification in regards to parts one to five of the request and in doing so breached section 16(1) of FOIA. The Commissioner requires Devon and Cornwall Police to seek clarification from the complainant regarding his five part request. Then, either disclose the information or issue a refusal notice which complies with section 17 of FOIA. Information Tribunal FT/EA/2025/0027 under appeal.
Exemptions cited: FOI 16(1)
View Devon and Cornwall Police
29 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a multipart request to Ministry of Defence (MOD) seeking information about James Cleverly and his role in the army reserves. The MOD confirmed that it held information for some parts of the request but withheld this on the basis of section 40(2) (personal data) and refused to confirm or deny whether it held information falling within the scope of other parts of the request on the basis of section 40(5B)(a)(i) of FOIA. The Commissioner’s decision is that the MOD is entitled to rely on sections 40(2) of FOIA to withhold the information sought by parts 1, 2, 4 and 6 of the request and is entitled to rely on 40(5B)(a)(i) of FOIA to refuse to confirm or deny whether it holds information falling within the scope of parts 7 – 14, 16 and 17 of the request.
Exemptions cited: FOI 40
View Ministry of Defence
29 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the decision for the Civil Service to spend a minimum of 60% of their working time working in the office. The Cabinet Office (“the public authority”) relies on section 36 to withhold the requested information.The Commissioner’s decision is that the public authority was correct to apply the exemptions cited to withhold the information from disclosure.
Exemptions cited: FOI 36
View Cabinet Office
29 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about donations to charitable organisations and conflicts of interest. The above public authority refused the request as vexatious. The Commissioner’s decision is that the request was vexatious and the public authority was not obliged to comply with it. The Commissioner does not require further steps to be taken. Information Tribunal FT/EA/2025/0039 appeal dismissed.
Exemptions cited: FOI 14
View Lancashire and South Cumbria NHS Foundation Trust
29 Nov 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information relating to improvement work on a block of flats from Sandwell Metropolitan Borough Council (the Council). The Commissioner’s decision is that the request should have been handled under the Environmental Information Regulations 2004 (EIR) rather than the Freedom of Information Act 2000 (FOIA). The Commissioner also finds that the Council breached regulation 5(2) by failing to respond to the request within 20 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Issue a fresh response to the request under the EIR. The Council 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.
Exemptions cited: EIR 2; EIR 5(2)
View Sandwell Council
29 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about “the Cabinet Office requiring departments to introduce a policy of minimum staff attendance into the office of 60 per cent”. The Cabinet Office (“the public authority”) relies on section 36 to withhold the requested information.The Commissioner’s decision is that the public authority was correct to apply the exemptions cited to withhold the information from disclosure. Information Tribunal FT/EA/2025/0017 under appeal.
Exemptions cited: FOI 36
View Cabinet Office
29 Nov 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 in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
29 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested weekly payments made by Warwickshire County Council (the “Council”) for the care of individuals in a specific care home. The Council withheld the information under the exemption for prejudice to commercial interests (section 43). The Commissioner’s decision is that the Council has failed to demonstrate that the exemption in section 43(2) is engaged. The Commissioner requires the Council to disclose the requested information to the complainant.
Exemptions cited: FOI 43(2)
View Warwickshire County Council
28 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the Serial Tax Avoidance Regime (STAR). HMRC refused to disclose the requested information in reliance on the exemption at section 31(1)(d) of FOIA (prejudice to the assessment and collection of tax). The Commissioner’s decision is that the exemption is engaged and the public interest in maintaining the exemption outweighs the public interest in disclosure. The Commissioner does not require further steps. Information Tribunal FT/EA/2025/0018 under appeal.
Exemptions cited: FOI 31
28 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested all copies of draft responses to the Office for Students (OfS) ‘Consultation on Data Futures and data Collection’. The Department for Education (the DfE) initially refused the request under section 35(1)(a) of FOIA but later withdrew it and cited section 36(2)(c) – prejudice to the effective conduct of public affairs. The Commissioner’s decision is that the DfE cited section 36 appropriately and that the public interest favours non-disclosure. The Commissioner does not require further steps.
Exemptions cited: FOI 36(2)(c)
View Department for Education
28 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested details of the Case Management system used by the Children’s Social Care department for Denbighshire County Council (the Council). The Council refused the information citing section 31(1)(a) (prevention and detection of crime). The Commissioner’s decision is that the council was correct to apply section 31(1)(a) to withhold the information from disclosure. The Commissioner does not require further steps.
Exemptions cited: FOI 31(1)(a)
View Denbighshire County Council
28 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the financial records held by Coedpoeth Community Council (the council). The Commissioner’s decision is that the council was entitled to rely on section 14(1) (vexatious requests) of FOIA to refuse the request. The Commissioner does not require further steps. Information Tribunal FT/EA/2025/0005 under appeal.
Exemptions cited: FOI 14
28 Nov 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 35 calendar days in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View Portsmouth Hospitals NHS Trust
28 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested from HM Revenue and Customs (HMRC) correspondence exchanged with the Information Commissioner’s Office relating to HMRC’s backlog of subject access requests. The Commissioner’s decision is that HMRC breached section 10(1) of FOIA by failing to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner does not require further steps to be taken.
Exemptions cited: FOI 10
28 Nov 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information regarding the history of High Speed 2 (HS2). The Department for Transport (“the DfT”) refused to disclose the information, citing regulations 12(4)(d) and 12(4)(e) of the EIR.The Commissioner’s decision is that the DfT has correctly applied regulation 12(4)(d) to the requested information.The Commissioner does not require further steps to be taken.
Exemptions cited: EIR 12(4)(d)
View Department for Transport
28 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the National Archives (TNA). By the date of this notice TNA had not issued a substantive response to this request. The Commissioner’s decision is that TNA failed to complete its deliberations on the balance of the public interest within a reasonable time and has therefore breached section 17(3) of FOIA.TNA must provide a substantive response to the request in accordance with its obligations under FOIA . TNA must take this step 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 17(3)
View The National Archives
28 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the declaration of interest of a named Trustee. Ormiston Academies Trust (‘the Trust’) relied on section 14(1) of FOIA to refuse the request. The Commissioner’s decision is that the request was vexatious and therefore the Trust was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require further steps. Information Tribunal FT/EA/2025/0034 appeal dismissed.
Exemptions cited: FOI 14
View ORMISTON ACADEMIES TRUST
28 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
1. The complainant has requested information regarding training request from other countries. The Police Service of Northern Ireland (“the PSNI”) neither confirmed nor denied (‘NCND’) that it held the requested information, citing sections 27(4) and 31(3) of FOIA.2. The Commissioner’s decision is that PSNI has correctly applied section 27(4) of FOIA.3. The Commissioner does not require further steps to be take
Exemptions cited: FOI 27
View Police Service of Northern Ireland
28 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested a specific piece of guidance. University College London Hospitals NHS Foundation Trust (“the public authority”) denied holding the requested information. The Commissioner’s decision is that, on the balance of probabilities, the requested information isn’t held. However, in failing to deny that the requested information was held within the statutory timeframe, the public authority breached section 1 (general right of access to information) and 10 (timescale for compliance) of FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 1; FOI 10
View University College London Hospitals NHS Foundation Trust
28 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Post Office Ltd. 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 1
View Post Office Ltd
28 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the British Broadcasting Corporation (BBC). 2. 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
28 Nov 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 London Borough of Croydon
28 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information regarding signed lease contract documents for two shopping centres and their associated car parks. Mid Sussex District Council (the Council) cited section 21 of FOIA to refuse the request for the information.The Commissioner’s decision is that the Council was entitled to rely on section 21(1) of FOIA to refuse the request for information already in the public domain.No steps are required as a result of this decision.
Exemptions cited: FOI 21
View Mid Sussex District Council
28 Nov 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested a trade effluent consent register and trade effluent sampling results. Anglian Water disclosed some information and has relied on regulation 12(5)(e) of the EIR to withhold the remainder. Regulation 12(5)(e) concerns the confidentiality of commercial or industrial information. The Commissioner’s decision is that Anglian Water cannot rely on regulation 12(5)(e) to withhold the requested information as it is information related to emissions for the purposes of regulation 12(9) of the EIR. Regulation 12(9) prevents such information from being withheld under regulation 12(5)(e). The Commissioner requires Anglian Water to take the following steps to ensure compliance with the legislation: Disclose the information to which it has applied regulation 12(5)(e) of the EIR, with any personal data redacted appropriately.
Exemptions cited: EIR 12
View Anglian Water
28 Nov 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information from Dorset Council (“the council“) relating to their complaint about street lighting near their property. The council refused the request on the basis that Regulation 12(4)(a) (internal communications) and Regulation 13 (personal data) applied. The Commissioner’s decision is that the majority of the information is personal data relating to the complainant, and that it is therefore exempt from disclosure under the EIR under Regulation 5(3) (personal data of the applicant). Of the remainder, the Commissioner's decision is that the council was not correct to withhold information under Regulation 12(4)(e) (internal communications), but that it was correct to withhold other information under Regulation 13(1) (personal data). The Commissioner requires the council to take the following steps to ensure compliance with the legislation. To disclose the withheld information to the complainant, subject to any appropriate redactions under Regulation 5(3) a
Exemptions cited: EIR 12(4)(e); EIR 13; EIR 5(3)
View Dorset County Council
27 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from NHS England. 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 NHS England
27 Nov 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information relating to a planning enforcement complaint she had made. Stafford Borough Council (“the Council”) disclosed some information but withheld other information under section 42 of FOIA (the exemption for legal professional privilege). During the Commissioner’s investigation, the Council reconsidered the request under the EIR and confirmed that some information which comprised legal advice was being withheld under regulation 12(5)(b) (the exception for the course of justice). The Commissioner’s decision is that the Council was entitled to rely on regulation 12(5)(b) of the EIR to withhold the information. However, it failed to provide a response and a refusal notice within the time for compliance, which breached regulation 5(2) and regulation 14(2) of the EIR.
Exemptions cited: EIR 12(5)(b); EIR 14(2)(1); EIR 5(2)
View Stafford Borough Council
27 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about teacher misconduct hearings. 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 public authority also complied with its obligations under sections 10, 16 and 17 of FOIA. The Commissioner does not require further steps to be taken.
Exemptions cited: FOI 10; FOI 12; FOI 16; FOI 17
View Department for Education
27 Nov 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information from Oxford Direct Services Limited (“ODSL”) relating to the resignation of one of its directors. ODSL withheld the information under section 40(2) of FOIA. The Commissioner’s decision is that ODSL was correct to apply section 40(2) of FOIA to withhold the resignation letter and the date that the resignation was tendered. However, he has decided that the date that the resignation became effective should be disclosed. The Commissioner requires ODSL to take the following steps to ensure compliance with the legislation. To disclose the date when the resignation became effective to the complainant.
Exemptions cited: FOI 40(2)
27 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested a copy of the clerk’s job description. Eye Town Council (“the council”) relied on section 40(2) of FOIA (third party personal information) to withhold the information. The Commissioner’s decision is that the council was not correct to rely on section 40(2) of FOIA to withhold the information. The Commissioner requires the council to take the following steps: To disclose a copy of the job description to the complainant.
Exemptions cited: FOI 40(2)
View Ilkley Town Council
27 Nov 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about hazardous sites. The above public authority relied on regulation 12(4)(b) of the EIR (manifestly unreasonable) to refuse the request. The Commissioner’s decision is that the request was manifestly unreasonable and that the public authority was not obliged to comply with it. The public authority did comply with its regulation 9 obligation to provide advice and assistance. However, it did not comply with regulation 14 of the EIR, because its refusal notice was inadequate. The Commissioner does not require further steps to be taken.Keywords: COMAH
Exemptions cited: EIR 12(4)(b); EIR 14; EIR 9
View Health and Safety Executive
26 Nov 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested any information about specific refuse bins causing an obstruction. Dorset Council originally responded to the request by explaining that any CCTV footage sought by the complainant could be inspected. During the course of the Commissioner’s investigation, the Council stated to the Commissioner that it considered it had made all relevant information available. The Commissioner’s decision is that the Council has made all relevant information available to the complainant and has complied with regulation 5(1) of the EIR. The Commissioner does not require further steps. Information Tribunal FT/EA/2024/0464 under appeal.
Exemptions cited: EIR 5(1)
View Dorset County Council
26 Nov 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information on Fee for Intervention invoices relating to Employment Tribunals. HSE refused the request on the basis of section 14(1) – vexatious requests. The Commissioner’s decision is that HSE is entitled to rely on section 14(1) of FOIA in this case because the request is vexatious. However the Commissioner does find that HSE failed to rely on section 14 within 20 working days and therefore breached section 17(5) FOIA. The Commissioner does not require any further action to be taken.
Exemptions cited: FOI 14; FOI 17
View Health and Safety Executive
26 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information relating to a Debt Management Vulnerability Framework from the Department for Work and Pensions (DWP). DWP refused to provide the requested information as to do so would exceed the appropriate limit at section 12(1) (cost of compliance exceeds appropriate limit) of FOIA.The Commissioner’s decision is that DWP was entitled to rely on section 12(1) to refuse to comply with the request. The Commissioner also finds that DWP complied with its section 16(1) obligation to offer advice and assistance in relation to the request. No further steps are therefore required.
Exemptions cited: FOI 12(1); FOI 16
View Department for Work and Pensions
26 Nov 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested data relating to specific wastewater treatment works (‘wwtw’) and pumping stations (‘ps’). United Utilities (“the public authority”) refused to comply with two parts of the request, on the grounds that it wasn’t environmental information being requested or by citing regulation 12(4)(b) (manifestly unreasonable). The Commissioner’s decision is that the information being requested is environmental in accordance with regulation 2(1) and the public authority has inappropriately applied regulation 12(4)(b). In failing to disclose all non-exempt information within the statutory timeframe, the public authority has breached regulation 5(2) of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the requested information.
Exemptions cited: EIR 12(4)(b); EIR 2(1); EIR 5(2)
View United Utilities
26 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Bournemouth, Christchurch and Poole Council (“the Council”) relating to its finances and assets. The Council disclosed some information within the scope of the request but refused to provide information falling within the scope of part 2.4 of the request citing section 12(1) (cost limit) of FOIA as its basis for doing so. The Commissioner’s decision is that the Council is entitled to rely to section 12(1) of FOIA to refuse to provide information within the scope of part 2.4 of the request. He also finds that the Council met its obligations under section 16(1) of FOIA to offer advice and assistance. The Commissioner finds that on the balance of probabilities the Council does not hold further information within the scope of the remainder of the request which has not been disclosed to the complainant. The Commissioner does not require the Council to take any steps.
Exemptions cited: FOI 1; FOI 12; FOI 16
View BCP Council
26 Nov 2024Complaint partially upheldFreedom of Information Act 2000
The Commissioner’s decision is that Queensway Surgery (‘the Surgery’) is entitled to refuse to comply with one element of the complainant’s request for information about appointments. It would exceed the appropriate limit to comply with this part and therefore section 12(1) of FOIA is engaged.The Surgery failed to comply with its duty under section 16)(1) to offer advice and assistance. Initiated by the complainant, the Surgery has subsequently been in further correspondence with the complainant about refining the request. As such, the Commissioner doesn’t require the Surgery to take any steps in relation to advice and assistance as a result of this notice. Finally, the timeliness of the Surgery’s response and its section 12 refusal didn’t comply with sections 1(1), 10(1) and 17(5) of FOIA. It’s not necessary for the Surgery to take any corrective steps.
Exemptions cited: FOI 1(1); FOI 10(1); FOI 12(1); FOI 16(1); FOI 17(5)
26 Nov 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested from Gwynedd Council (the Council) information relating to landowner consultations for the Definitive Map Modification Order (DMMO). The Council withheld the information under regulation 12(5)(b) (course of justice) and regulation 13 (personal information) of the EIR.The Commissioner’s decision is that regulation 12(5)(b) of the EIR is not engaged. Regulation 13 of the EIR is engaged, but only in respect of some of the withheld information. He also finds the exception at regulation 5(3) of the EIR applies, as some of the information is the complainant’s own personal data. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation:• To disclose copies of the consultation responses. The Council must redact the personal information to which regulation 5(3) applies and the types of personal information specified at paragraphs 63 and 64 of this notice. The Council must take these steps within 30 calendar days of the
Exemptions cited: EIR 12(5)(b); EIR 13; EIR 5(3)