Source · FOI / EIR decision notices

ICO FOI/EIR Decision Notices

Freedom of Information and Environmental Information Regulations decisions by the Information Commissioner.

26,238 total decisions 8,733 upheld (must disclose) 1,340 bodies covered 2005–2026 indexed date range

Filter decisions

26,238 decisions match

IC-304527-Q0F2: Home Office

11 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information concerning the Home Office’s Identify and Prioritise Immigration Cases Business Rules. Ultimately, the Home Office responded to all parts of the request. It also provided some of the requested information with redactions under section 31(1)(e), (the FOIA exemption for the operation of immigration controls) and section 40(2) (personal information) of FOIA. The complainant confirmed that he was not concerned with the personal information withheld under section 40(2) of FOIA, so the Commissioner has disregarded this aspect. The Commissioner’s decision is that the Home Office correctly relied on section 31(1)(e) of FOIA to withhold the remaining redactions within the disclosed material. No steps are required as a result of this notice.

Exemptions cited: FOI 31

View Home Office

IC-338387-H4H4: Essex Police

11 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
1. The complainant requested information from Essex Police (the public authority). By the date of this notice the public authority had not issued a substantive response to this request. 2. The Commissioner’s decision is that the public authority has 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. 3. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation. • Having confirmed whether or not information is held within the scope of the request: either disclose the requested information or, to the extent that information is to be withheld, issue a refusal notice in accordance with the requirements of section 17 of the FOIA.1 4. The public authority 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 Co

Exemptions cited: FOI 17(3)

View Essex Police

IC-319660-J8T1: THE FOLKESTONE SCHOOL FOR GIRLS ACADEMY TRUST

8 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on legal costs associated with a First-Tier Tribunal hearing. The Folkestone School for Girls (the School) refused the request on the basis of section 14(1) – vexatious requests. The Commissioner’s decision is that the School is entitled to rely on section 14(1) of FOIA in this case because the request is vexatious. He therefore does not require any further action to be taken.

Exemptions cited: FOI 14

View THE FOLKESTONE SCHOOL FOR GIRLS ACADEMY TRUST

IC-304519-T1Y5: Cabinet Office

8 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on the number of occasions in 2022 when advice given to the Prime Minister or Cabinet Secretary by the Cabinet Office’s Propriety and Ethics Team (PET) concerning a ministerial conflict of interest, was actioned by the relevant minister and was not actioned by the relevant minister.Following the Commissioner’s decision notice and step ordered in IC-229622-T9H4 (27 March 2024), the Cabinet Office confirmed that they held the information requested but that this was exempt from disclosure under section 36(2)(c)(prejudice to the effective conduct of public affairs) and that the balance of the public interest favoured maintaining the exemption.The Commissioner’s decision is that the information requested is exempt under section 36(2)(c) and that the public interest balance favours maintaining the exemption.The Commissioner does not require any further steps by the Cabinet Office. Information Tribunal FT/EA/2024/0478 under appeal.

Exemptions cited: FOI 36(2)(c)

View Cabinet Office

IC-320959-X6Z2: NHS England

8 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested names, job titles and contact information of various senior individuals. The above public authority provided names and job titles, but relied on section 40(2) of FOIA to withhold the information. The Commissioner’s decision is that the public authority has correctly relied upon section 40(2) of FOIA to withhold the information. The Commissioner does not require further steps to be taken.

Exemptions cited: FOI 40(2)

View NHS England

IC-338475-F8V1: Home Office

8 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to complete its public interest test considerations within a reasonable time in accordance with its obligations under FOIA. The Commissioner requires it to provide a substantive response to the request within 30 calendar days in accordance with its obligations under FOIA.

Exemptions cited: FOI 17(3)

View Home Office

IC-306187-Q1Z1: Cornwall Council

8 Nov 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested copies of reports held by Cornwall Council (the council) relating to visits made to a particular property on, or around, certain specified dates following reports of water in the property. The Commissioner’s decision is that, on the balance of probabilities, the council does not hold information falling within scope of the complainant’s request, and therefore regulation 12(4)(a) (information not held) of the EIR is engaged. However, as the council incorrectly considered the request under the Freedom of Information Act 2000 (FOIA), and failed to issue an appropriate refusal notice which explicitly confirmed that it did not hold the requested information, the Commissioner has found a breach of regulation 14 (refusal to disclose information) of the EIR. Information Tribunal FT/EA/2025/0028 appeal struck out.

Exemptions cited: EIR 12(4)(a); EIR 14

View Cornwall Council

IC-326848-W4X1: North East Ambulance Service NHS Foundation Trust

8 Nov 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested a copy of a report. The above public authority variously relied on sections 36 (prejudice to the effective conduct of public affairs), 40 (personal information), 41 (breach of confidence) and 42 of FOIA (legal professional privilege) to withhold the information. The Commissioner’s decision is that sections 36 and 42 of FOIA are not engaged. Sections 40(2) and 41 of FOIA are engaged, but only to a limited extent. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose a copy of the interim report. The public authority may make the redactions specified in the confidential annex. The company referred to in this case is Ward Hadaway, not Ward Haddaway

Exemptions cited: FOI 36; FOI 40(2); FOI 41; FOI 42

View North East Ambulance Service NHS Foundation Trust

IC-314277-F2C9: NHS England

8 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that the complainant’s request for information associated with ‘DCB2212: Drug Patient Level Contract Monitoring (DrPLCM)’ is a vexatious request under section 14(1) of FOIA. NHE England (NHSE) isn’t obliged to comply with the request and no corrective steps are necessary. Information Tribunal FT/EA/2024/0476 appeal withdrawn.

Exemptions cited: FOI 14(1)

View NHS England

IC-316248-V3M0: Warwickshire Police

7 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information regarding complaints made concerning the Warwickshire Hunt. Warwickshire Police cited section 40(5) of FOIA to refuse to confirm or deny if it held the requested information. The Commissioner’s decision is that Warwickshire Police is entitled to rely on section 40(5) of FOIA to refuse to confirm or deny whether it holds the information requested. However, the Commissioner has recorded a procedural breach of section 17(1)(a) of FOIA as Warwickshire Police failed to respond to the complainant’s request within the statutory time limits. The Commissioner does not require any steps to be taken as a result of this decision.

Exemptions cited: FOI 40(5)

View Warwickshire Police

IC-339818-D4L2: BBC

7 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted an information request to the BBC for a specific email sent from Laura Kuenssberg to Boris Johnson. The BBC responded that the requested information, if held, would be covered by the derogation and 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, so is not covered by FOIA. He therefore upholds the BBC’s position. The Commissioner does not require further steps, as a result of this decision notice.

Exemptions cited: FOI 3

View BBC

IC-340310-D2L0: Greater Manchester Mental Health NHS Foundation Trust

7 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested from Greater Manchester Mental Health NHS Foundation Trust (the Trust) information about the number of patients that have either died by suicide or complications arising from a suicide attempt over a ten-year period. The Commissioner’s decision is that the Trust 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

View Greater Manchester Mental Health NHS Foundation Trust

IC-335158-S0S8: Windrush Surgery, Banbury

7 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the amount of money earned from delivering Covid-19 vaccinations. The above public authority denied holding some information and relied on section 43 of FOIA (commercial interests) to withhold the remainder. The Commissioner’s decision is that the public authority was not entitled to rely on section 43 of FOIA to withhold the information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the amount of money received for delivering vaccines and the date(s) of any payment(s).

Exemptions cited: FOI 43

IC-309209-J1W9: Department for Science, Innovation and Technology

7 Nov 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information from the Department for Science, Innovation & Technology (“DSIT”) relating to proposed telecommunication mast sites for the Shared Rural Network in Scotland. DSIT cited regulation 12(5)(a) (International relations, defence, national security or public safety) of the EIR to withhold the information. The Commissioner’s decision is that DSIT correctly applied regulation 12(5)(a) of the EIR to withhold the information and the public interest favours maintaining the exception. The Commissioner does not require any steps to be taken.

Exemptions cited: EIR 12(5)(a)

View Department for Science, Innovation and Technology

IC-307264-B5Y4: Dorset County Council

7 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested various information in respect of the Space Youth Project Training materials from Dorset Council (the Council). The Council provided a response to the first part of the request but refused the second part on the basis of section 43(2) (commercial interests) of the FOIA. The Commissioner’s decision is that the Council was entitled to apply section 43(2) to the withheld information. The Commissioner does not require any steps.

Exemptions cited: FOI 43(2)

View Dorset County Council

IC-303074-H4J8: Grewelthorpe Parish Council

7 Nov 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant submitted an information request to Grewelthorpe Parish Council (the council) for correspondence in relation to a highway issue.The council cited section 14(1) (vexatious) of FOIA to refuse the request. The Commissioner’s decision is that the council should have considered the request under the EIR. The Commissioner finds that the councils was entitled to apply the equivalent exception, under the EIR, regulation 12(4)(b) (manifestly unreasonable) to the request, and that the public interest in maintaining the exception outweighs the public interest in disclosure. The Commissioner also finds that the council breached regulation 14(1) of the EIR as it failed to issue an appropriate refusal notice confirming the exception, it ultimately it came to rely upon, within 20 working days. The Commissioner does not require further steps as a result of this decision notice.

Exemptions cited: EIR 12(4)(b); FOI 14(1)

IC-335157-Y9Q7: Hightown Surgery, Banbury

7 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the amount of money earned from delivering Covid-19 vaccinations. The above public authority denied holding some information and relied on section 43 of FOIA (commercial interests) to withhold the remainder. The Commissioner’s decision is that the public authority was not entitled to rely on section 43 of FOIA to withhold the information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the amount of money received for delivering vaccines and the date(s) of any payment(s).

Exemptions cited: FOI 43

IC-321948-K9C7: Crown Prosecution Service

7 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about costs related to a criminal case brought against them. The Crown Prosecution Service (“CPS”) refused to confirm or deny that it held the requested information. The Commissioner’s decision is that the CPS was entitled to rely on section 40(5A) (personal information) of FOIA when refusing to confirm or deny holding the requested information. The Commissioner does not require further steps to be taken.

Exemptions cited: FOI 40(5)(a)

View Crown Prosecution Service

IC-335160-C7J7: Woodlands Surgery, Banbury

7 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the amount of money earned from delivering Covid-19 vaccinations. The above public authority denied holding some information and relied on section 43 of FOIA (commercial interests) to withhold the remainder. The Commissioner’s decision is that the public authority was not entitled to rely on section 43 of FOIA to withhold the information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the amount of money received for delivering vaccines and the date(s) of any payment(s).

Exemptions cited: FOI 43

IC-316123-J7K4: Northern Ireland Tourist Board

6 Nov 2024Complaint partially upheldEnvironmental Information Regulations 2004
Through an initial twelve part request, and a later, related request, the complainant requested information about Drumbeg Wastewater Treatment Works and a planning proposal. Northern Ireland Water (NIW) addressed the parts of the request, and its position was that some of the requested information is excepted from disclosure under regulations 12(4)(a) and 13 of the EIR. These exceptions concern information that isn’t held and personal data respectively.The complainant focussed their complaint to four concerns, that related to NIW holding further information, the clarity of the information it had provided and its reliance on regulation 13. In the course of the Commissioner’s investigation into those concerns, NIW identified information that appears to be in scope of the later request. It advised that it was prepared to disclose some of this information but that the remainder was excepted from disclosure under regulation 12(5)(c) of the EIR, which concerns intellectual property rights. F

Exemptions cited: EIR 12(5)(c); EIR 5(1); EIR 5(2)

View Northern Ireland Tourist Board

IC-331736-V3H9: Forestry Commission

6 Nov 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information on access agreements for badger control between a named company and Forestry Commission England (FC). FC refused to provide the access agreements under regulation 12(5)(a) EIR – public safety. The Commissioner’s decision is that the information in the agreements, chiefly in the schedule, that provides maps, names of woodlands and specific details of boundaries of cull zones does engage regulation 12(5)(a) and the public interest favours maintaining the exception and withholding the information. For the remaining parts of the agreement the Commissioner does not find the information engages regulation 12(5)(a). The Commissioner requires FC to disclose the parts of the agreement that do not relate to locations, removing the address of the company as the complainant has agreed this is not needed.

Exemptions cited: EIR 12(5)(a)

View Forestry Commission

IC-310403-W2G0: Post Office Ltd

6 Nov 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested all documents relating to the reasons for the closure and possible reopening timelines for a named post office. The Post Office Ltd (the Post Office) provided some information but withheld other information under sections 40(2) – personal information, 43(2) – commercial interests and section 31(1)(a) of FOIA – law enforcement. The Commissioner’s decision is that the Post Office has correctly refused the information it withheld under section 31(1)(a). The Post Office also correctly withheld most of the information it had cited under section 40(2), however some of it is not personal data and must be disclosed. The Commissioner has accepted, on the balance of probability, that the Post Office does not hold any further information than it has already disclosed with redaction for the relevant exemptions. However, the Commissioner does not accept that section 43(2) of FOIA is engaged and some information withheld under that exemption should be disclosed. The Pos

Exemptions cited: FOI 1; FOI 10(1); FOI 17; FOI 31(1)(a); FOI 40(2); FOI 43(2)

View Post Office Ltd

IC-317785-R2R1: Oxford University Hospitals NHS Foundation Trust

5 Nov 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about policies and plans connected to the potential introduction of a Workplace Parking Levy scheme. Oxford University Hospitals NHS Foundation Trust (‘the Trust’) stated that it did not hold the requested information. The Commissioner’s decision is that, on the balance of probabilities, the Trust does not hold the requested information. The Commissioner also finds that the Trust breached section 10(1) of FOIA by failing to provide a response to the requests within 20 working days.

Exemptions cited: FOI 1; FOI 10

View Oxford University Hospitals NHS Foundation Trust

IC-300052-G2Z8: Richmond upon Thames Council

5 Nov 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested, from the London Borough of Richmond upon Thames (LBRUT), various information relating to an indoor renovation project at Pools on the Park, a Grade II listed building. This decision notice concerns four complaints that the complainant made to the Commissioner (references IC-300052-G2Z8, IC-305377-Y5Q5, IC-305634-L8K7 and IC-327841-D8P9), about four requests. In response to those four requests, LBRUT said it doesn’t hold some of the requested information, disclosed other information, and withheld other information on the basis of various exemptions – sections 22 (information intended for future publication), 40(2) (personal information) and 43 (commercial interests) of FOIA. The Commissioner investigated the above cases simultaneously. During the Commissioner’s investigation, LBRUT retrospectively applied section 14(1) of FOIA (vexatious requests) to all four requests; in the alternative, LBRUT maintained its original and internal review positions. The Com

Exemptions cited: FOI 14(1); FOI 17(5)

View Richmond upon Thames Council

IC-308055-N5C6: Ministry of Housing, Communities and Local Government

5 Nov 2024Complaint partially upheldFreedom of Information Act 2000
The complainant requested correspondence exchanged between the Department for Levelling Up, Housing and Communities, now the Ministry of Housing, Communities and Local Government (MHCLG), and the Duchy of Cornwall in relation to the Leasehold and Freeholds Reform Bill. The MHCLG provided some information and withheld the remainder under sections 35(1)(a) (formulation or development of government policy) and 40(2) (personal data). The Commissioner’s decision is that the MHCLG correctly applied section 35 to the request and the public interest favours maintaining the exemption. The Commissioner also finds that the MHCLG breached section 10(1) of the FOIA as it failed to respond to the request within the statutory timescale. The Commissioner does not require any steps to be taken. Information Tribunal FT/EA/2025/0129 appeal withdrawn.

Exemptions cited: FOI 10; FOI 35

View Ministry of Housing, Communities and Local Government

IC-334098-F4Z9: Essex Police

5 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The public authority has failed to complete its public interest test considerations within a reasonable time in accordance with its obligations under FOIA. The Commissioner requires it to provide a substantive response to the request within 30 calendar days in accordance with its obligations under FOIA.

Exemptions cited: FOI 17(3)

View Essex Police

IC-305776-S9P3: Epping Forest District Council

5 Nov 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested that Epping Forest District Council (the council) provide a copy of any advice it gave to the complainant’s neighbour, about the compliance of a building in the neighbour’s garden with building regulations. The council relied on regulation 13 of the EIR (third party personal information) to withhold the information. The Commissioner’s decision is that the council has correctly relied on regulation 13 of the EIR to withhold the information. The Commissioner does not require further steps to be taken. Information Tribunal FT/EA/2024/0469 appeal dismissed.

Exemptions cited: EIR 13

View Epping Forest District Council

IC-316881-K6M2: Local Government and Social Care Ombudsman

5 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that the complainant’s request for information about an equality policy is a repeated request. LGSCO was therefore entitled to refuse the request under section 14(2) of FOIA. It’s not necessary for LGSCO to take any corrective steps.

Exemptions cited: FOI 14(2)

View Local Government and Social Care Ombudsman

IC-314404-Z4Z1: Civil Aviation Authority

5 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a copy of CAA’s whistleblowing policy. CAA provided this information with personal data redacted from it under section 40(2) of FOIA. The Commissioner’s decision is that CAA complied with sections 1(1), 10(1) and 17(1) of FOIA and correctly withheld personal data under section 40(2).

Exemptions cited: FOI 1(1); FOI 10(1); FOI 17; FOI 40(2)

View Civil Aviation Authority

IC-313143-B2D5: HILLSTONE PRIMARY SCHOOL

5 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to the decision making around proposed changes to the school uniform at Willowbank Primary School (the school). The Commissioner’s decision is that, on the balance of probabilities, the school does not hold the requested information.

Exemptions cited: FOI 1

View HILLSTONE PRIMARY SCHOOL

IC-335262-H3Y1: South East Coast Ambulance Service NHS Foundation Trust

5 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from South East Coast Ambulance Service NHS Foundation Trust. 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 South East Coast Ambulance Service NHS Foundation Trust

IC-311270-P3G8: UK Health Security Agency

5 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
In a five part request, the complainant requested information about employees who’ve been suspended. UK Health Security Agency (UKHSA) withheld the information requested in parts 3 and 4 of the request under section 40(2) of FOIA, which concerns personal data. For parts 1 and 5, UKHSA advised that the numbers involved are less than 10 and applied section 40(2) to the specific numbers. It disclosed the information requested in part 2. The Commissioner’s decision is that UKHSA has correctly applied section 40(2) of FOIA to parts 3 and 4 of the request and it’s not necessary for it to take any corrective steps.

Exemptions cited: FOI 40(2)

View UK Health Security Agency

IC-335955-K0M6: South Yorkshire Police

5 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from South Yorkshire Police on 10 June 2024 about a motor vehicle accident that occurred on 25 January 2022. A public authority will breach section 10 of FOIA if it fails to respond to a request within 20 working days. Based on evidence available to the Commissioner, by the date of this notice the public authority has not issued a substantive response to this request. Therefore, the Commissioner finds a breach of section 10. The public authority must provide a substantive response to the request in accordance with its obligations under FOIA. The public authority 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 10

View South Yorkshire Police

IC-339009-H3T7: Middlewich Town Council

5 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
A public authority will breach section 10 of FOIA if it fails to respond to a request within 20 working days. Based on evidence available to the Commissioner, by the date of this notice the public authority has not issued a substantive response to this request. Therefore the Commissioner finds a breach of section 10. The public authority must provide a substantive response to the request in accordance with its obligations under FOIA. The public authority 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 10

IC-331622-B2F2: South Western Ambulance Service NHS Foundation Trust

4 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about allegations of child sexual abuse made against staff. The above public authority relied on section 12 of FOIA to refuse the request. The Commissioner’s decision is that the public authority has not demonstrated that section 12(2) of FOIA applies to parts [1], [2] and [3] of the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Issue a fresh response, to parts 1 and 2 of the request, that does not rely on section 12(2) of FOIA or a claim that the cost of identifying whether information is held would exceed £450.

Exemptions cited: FOI 12

View South Western Ambulance Service NHS Foundation Trust

IC-304488-J9J2: Cyngor Gwynedd

4 Nov 2024Complaint partially upheldFreedom of Information Act 2000
The complainant requested from Gwynedd Council (the Council) information relating to the running of Ysgol Treborth/Ysgol Coed Menai school. The Council confirmed that it does not hold information within scope of part 4 of the request.The Commissioner’s decision is that on the balance of probabilities, the Council does not hold any information falling within scope of part 4 of the request, and it has complied with section 1(1)(a) of FOIA. However, the Commissioner finds that the Council breached section 10(1) (time limits for compliance) of FOIA by not responding to the request within 20 working days. The Commissioner does not require the Council to take any steps as a result of this decision. Information Tribunal FT/EA/2024/0470 appeal allowed.

Exemptions cited: FOI 1(1)(a); FOI 10

IC-337735-V5R5: Rutland County Council

4 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested from Rutland County Council (the Council) correspondence and communciations relating to the restriction of pedestrians using Brooke Road and the Railway Crossing. A public authority will breach section 10 of FOIA if it fails to respond to a request within 20 working days. Based on evidence available to the Commissioner, by the date of this notice the public authority has not issued a substantive response to this request. Therefore the Commissioner finds a breach of section 10. The public authority must provide a substantive response to the request in accordance with its obligations under FOIA. The public authority must take this step within 30 calendar days of the date of this decision notice.

Exemptions cited: FOI 10

View Rutland County Council

IC-307422-W5Y0: Department for Work and Pensions

4 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to a change in criteria regarding when to carry out an ‘internal process review’. The Department for Work and Pensions (DWP) stated that it did not hold information falling within the scope of the request. The Commissioner’s decision is that, on the balance of probabilities, DWP does not hold information falling within the scope of the request. The Commissioner does not require DWP to take any steps.

Exemptions cited: FOI 1

View Department for Work and Pensions

IC-309680-Q9V0: Cabinet Office

4 Nov 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant submitted a request to the Cabinet Office seeking legal advice to government Ministers which addressed the legislative basis for the first national Covid-related lockdown in late March 2020. The Cabinet Office confirmed that it held information falling within the scope of the request but considered this to be exempt from disclosure under section 42(1) (legal professional privilege) of FOIA. The Commissioner’s decision is that the advice is exempt from disclosure on the basis of section 42(1) of FOIA, but that in all the circumstances of the case the public interest in favour of disclosing the information outweighs the public interest in maintaining the exemption. Information Tribunal FT/EA/2025/0001 under appeal.

Exemptions cited: FOI 42

View Cabinet Office

IC-315630-G3H3: Waltham Forest Council

4 Nov 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about building work at a specific property. The London Borough of Waltham Forest (“Council”) provided the complainant with some information within scope of their request but maintained that further information was not held. The Commissioner’s decision is that the Council has responded to the request with the information it holds within scope, and is unlikely to hold anything further. The Commissioner does not require further steps. Information Tribunal FT/EA/2024/0465 appeal dismissed.

Exemptions cited: EIR 12(4)(a)

View Waltham Forest Council

IC-330331-Z8Y6: Commissioner of Police for the City of London

1 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

IC-320625-P8J2: Oxfordshire County Council

1 Nov 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested road traffic information about a specific location. Oxfordshire County Council (the “Council”) disclosed some information, confirmed that other information was not held and withheld other information under the exception for information in the course of completion (regulation 12(4)(d)). The Commissioner considers that, on the balance of probabilities, the Council does not hold the information requested in part 1 of the request as it relates to the B4015 and that regulation 12(4)(a) of the EIR applies. The Commissioner does not require further steps to be taken.

Exemptions cited: EIR 12(4)(a)

View Oxfordshire County Council

IC-337446-H9D5: London Borough of Croydon

1 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

View London Borough of Croydon

IC-324162-D5L0: Cleveland Police

1 Nov 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from Cleveland Police about members of staff working on Operation Magnolia and their relevant training. Cleveland Police relied on section 14(1) of FOIA (vexatious) to refuse the request. The Commissioner’s decision is that the request was vexatious and therefore Cleveland Police was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require any steps.

Exemptions cited: FOI 14(1)

View Cleveland Police

IC-332516-W8X9: Ministry of Defence

1 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

View Ministry of Defence

IC-297019-X4Z5: HM Revenue and Customs

31 Oct 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information related to the Probate return formsfrom the HM Revenue & Customs (HMRC). HMRC said that it did not hold the requested information. The Commissioner’s decision is that, on the balance of probabilities, HMRC doesnot hold information within the scope of the request and has therefore compliedwith section 1(1) of FOIA. The Commissioner does not require HMRC to take any further steps.

Exemptions cited: FOI 1(1)

IC-318061-Z5M5: Welsh Government

31 Oct 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information regarding a member of staff of the Welsh Government. The Welsh Government informed the Commissioner it was relying on section 21 (Information accessible to applicant by other means) of FOIA to refuse to provide the requested information. The Commissioner’s decision is that the Welsh Government was entitled to rely on section 21. The Commissioner does not require further steps.

Exemptions cited: FOI 21

View Welsh Government

IC-335260-L1S8: United Utilities

31 Oct 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information from United Utilities Water Limited about Calgarth Pumping Station and Broomhill Pumping Station. The Commissioner’s decision is that the public authority failed to respond to the request within 20 working days and has therefore breached regulation 5(2) of the EIR. As the public authority has now responded, the Commissioner does not require further steps to be taken.

Exemptions cited: EIR 5(2)

View United Utilities

IC-309553-Y4J1: Police and Crime Commissioner for South Yorkshire

31 Oct 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about the Drew Report and the public authority’s handling of recent investigations into child sexual exploitation. The Chief Constable for South Yorkshire Police (“SYP”) refused parts of the request under section 41 (information provided in confidence) and stated other information was not held. The Commissioner’s decision is that SYP was entitled to rely on section 41 to refuse parts of the request. The Commissioner also finds some of the information requested represents the complainant’s own personal data, and therefore section 40(1) of the FOIA is engaged. The Commissioner does not require further steps.

Exemptions cited: FOI 40(1); FOI 41

IC-313979-K8R1: Mid Suffolk District Council

31 Oct 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information from Mid Suffolk District Council (the Council) regarding a decision made in a complaint they submitted. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold any additional information within the scope of the request. The Commissioner does not require further steps.

Exemptions cited: FOI 1

View Mid Suffolk District Council

Data from ICO Decision Notices. 26,238 records across 1,340 bodies. Imported automatically on each deploy.