22 Jul 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information relating to the sale of some prefabricated units by Northiam Parish Council (the Council). The Council relied on section 14 (vexatious or repeated requests) of FOIA to refuse the request.The Commissioner’s decision is that, as the Council has not provided any information to support its application of the exemption, the complainant’s information request was not vexatious or repeated and so the Council was not entitled to rely on section 14 of FOIA to refuse the request. The Commissioner requires the Council to take the following step to ensure compliance with the legislation.Issue a fresh response to the request that does not rely on section 14 of FOIA.
Exemptions cited: FOI 14
22 Jul 2024Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a request to Sport England for information on the final terms of reference/remit of Swim England’s Heart of Aquatics programme.The Commissioner’s decision is that, in respect of the information withheld under section 40(2) (personal data) and pages 1-3 withheld under section 41(1) (information provided in confidence), Sport England was entitled to withhold the information. However, in respect of the information withheld on pages 17,18 and 20 under section 41(1), and the information withheld under 43(2) (commercial interests), Sport England was not entitled to withhold information.The Commissioner requires Sport England to take the following steps to ensure compliance with the legislation.• Disclose the withheld information on pages 7,10,11,13,17,18 and 20 with any personal data redacted in accordance with his guidance.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 Comm
Exemptions cited: FOI 40(2); FOI 41(1); FOI 43(2)
View Sport England
22 Jul 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information about a pothole. Central Bedfordshire Council (the “Council”) disclosed information and confirmed that further information was not held. The Commissioner’s decision is that the Council disclosed all the relevant information that it holds and complied with regulation 5(1); and that, as it has correctly confirmed that further information is not held, regulation 12(4)(a) applies. The Commissioner does not require further steps.
Exemptions cited: EIR 12(4)(a); EIR 5(1)
View Central Bedfordshire Council
22 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that, under section 44(1)(a) of FOIA, the ICO is entitled to withhold communications between the ICO and Potto Parish Council as there’s a prohibition on its disclosure. It’s not necessary for the ICO to take any corrective steps. Information Tribunal FT/EA/2024/0287 appeal dismissed.
Exemptions cited: FOI 44
View Information Commissioner
22 Jul 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested a copy of a footway parking resolution from the London Borough of Havering (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 has breached regulation 11 by failing to issue an internal review within 40 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Issue a fresh response (an internal review) 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 11; EIR 5
View London Borough of Havering
22 Jul 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information regarding the Richmond plan and Habitats Regulations Assessment from the London Borough of Richmond Upon Thames (the Council). The Commissioner’s decision is that the Council was entitled to rely on regulation 12(4)(b) when refusing this request. The Commissioner does not require further steps. Information Tribunal FT/EA/2024/0318 appeal part allowed.
Exemptions cited: EIR 12(4)(b)
View Richmond upon Thames Council
22 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information about personal protective equipment (PPE) contracts associated with the COVID-19 pandemic. The Department of Health and Social Care (DHSC) relied on section 43(2) of FOIA to withhold information in scope of four parts of the request, which concerns commercial interests. DHSC has subsequently advised that it considers that the information to which it has applied section 43(2) is also exempt under section 23(1) of FOIA, which concerns information supplied by, or relating to, bodies dealing with security matters. The Commissioner’s decision is that DHSC has correctly applied section 23(1) of FOIA to the information it’s withholding under that exemption. It’s not necessary for DHSC to take any steps.
Exemptions cited: FOI 23
View Department of Health and Social Care
19 Jul 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested, from the Department for Work and Pensions (DWP), certain information about national insurance accounts. DWP refused the request, on the basis of section 12(1) of FOIA (cost of compliance). The Commissioner’s decision is that DWP has failed to demonstrate that section 12(1) is engaged. The Commissioner requires DWP to take the following steps to ensure compliance with the legislation: issue a fresh response to the request that doesn’t seek to rely on section 12 of FOIA. 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 FOIA and may be dealt with as a contempt of court.
Exemptions cited: FOI 12
View Department for Work and Pensions
19 Jul 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from Epsom and St Helier University Hospitals NHS Trust (the public authority). By the date of this notice the public authority had not issued a substantive response to this request. 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 10 of FOIA. The Commissioner requires the public authority to issue a substantive response to the request in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View Epsom and St Helier University Hospitals NHS Trust
19 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on an evaluation of support provided to vulnerable Universal Credit claimants. The Department for Work and Pensions (DWP) denied holding information falling within the scope of the request. The Commissioner’s decision is that, on the balance of probabilities, DWP does not hold the requested information. The Commissioner does not require DWP to take any steps.
Exemptions cited: FOI 1
View Department for Work and Pensions
19 Jul 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from NHS England (the public authority). By the date of this notice the public authority had not issued a substantive response to this request. 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 10 of FOIA. The Commissioner requires the public authority to issue a substantive response to the request in accordance with its obligations under FOIA.
Exemptions cited: FOI 10
View NHS England
19 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information on an evaluation of support provided to vulnerable Universal Credit claimants. The Cabinet Office provided some information and denied holding the remainder. The Commissioner’s decision is that the Cabinet Office does not hold any further information to that already provided. The Commissioner does not require any further steps.
Exemptions cited: FOI 1
View Cabinet Office
19 Jul 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about an investigation. The above public authority relied on regulation 12(5)(b) of the EIR (course of justice) to withhold the information. The Commissioner’s decision is that the public authority has correctly relied on regulation 12(5)(b) and that the balance of the public interest favours maintaining the exception. The public authority breached regulation 11 of the EIR because it failed to complete its internal review within 40 working days. The Commissioner does not require further steps to be taken.
Exemptions cited: EIR 11; EIR 12(5)(b)
View Health and Safety Executive
19 Jul 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about an incident that had occurred on the premises of the Lancashire Teaching Hospitals NHS Foundation Trust (the Trust). The Trust refused to provide this information exempting it under sections 40(2) and 40(1) of FOIA. The Commissioner’s decision is that the Trust is entitled to rely on section 40(1) of FOIA as the information is substantially the complainant’s own personal information and cannot be disclosed under FOIA. The Commissioner has also decided that the Trust has correctly relied on section 40(2) to withhold third party personal data. The Trust has breached sections 1(1)(a), 10(1) and 17(1) of FOIA by not confirming that it held information or issuing a refusal notice within the statutory timeframe. The Commissioner does not require further steps.
Exemptions cited: FOI 1(1)(a); FOI 10(1); FOI 17; FOI 40(1); FOI 40(2)
View Mersey and West Lancashire Teaching Hospitals NHS Trust
19 Jul 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information from London Borough of Havering (the public authority). By the date of this notice the public authority had not issued a substantive response to this request. The Commissioner’s decision is that the public authority has failed to respond to the request within 20 working days and has therefore breached regulation 5(2) of the EIR. The Commissioner requires the public authority to issue a substantive response to the request in accordance with its obligations under the EIR.
Exemptions cited: EIR 5(2)
View London Borough of Havering
19 Jul 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested guidance in use by staff at the Department for Work and Pensions (DWP) when migrating ESA claimants to Universal Credit. The Commissioner’s decision is that whilst section 35(1)(a) is engaged, the balance of the public interest favours disclosure. The Commissioner requires DWP to disclose the withheld information. 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.
Exemptions cited: FOI 35
View Department for Work and Pensions
19 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about a Traffic Regulation Order. Somerset County Council (“the Council”) determined the request to be vexatious and refused it under section 14(1) of the FOIA. The Commissioner’s decision is that the request was vexatious and therefore the Council was entitled to rely on section 14(1) of the FOIA to refuse the request. The Commissioner does not require further steps.
Exemptions cited: FOI 14(1)
View Somerset Council
19 Jul 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about a study. The above public authority relied on regulation 12(4)(a) of the EIR because it did not hold the information. The Commissioner’s decision is that, on the balance of probabilities, the public authority has correctly relied on 12(4)(a) of the EIR because it dose not hold the requested information. The Commissioner does not require further steps to be taken.Keywords: microwave radiation
Exemptions cited: EIR 12(4)(a)
View The University of Essex
18 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that DVLA is entitled to refuse the request for information about its vehicle database under section 12(1) of FOIA as the cost of complying with it would exceed the appropriate limit. There was no breach of section 16(1), which concerns advice and assistance. It’s not necessary for DVLA to take any corrective steps.
Exemptions cited: FOI 12(1); FOI 16(1)
View Driver and Vehicle Licensing Agency
18 Jul 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about the publication of the Network North project. The above public authority relied on section 36 of FOIA (undermining collective responsibility) to withhold the information. The Commissioner’s decision is that the public authority should have dealt with the request under EIR. It has correctly applied regulation 12(4)(e) of the EIR to parts 1, 2 and 3 of the request and the public interest favours maintaining this exception. The public authority is not entitled to apply regulation 12(4)(e) to parts 4 and 5 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 4 and 5 of the request in accordance with the EIR.
Exemptions cited: EIR 12(4)(e); EIR 14
View Department for Transport
18 Jul 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(1)
View Wirral Council
18 Jul 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested information about a report of damage to a listed building. Somerset Council (“the Council”) initially withheld the requested information, citing section 31 (law enforcement) of FOIA as its basis for doing so. During the Commissioner’s investigation, the Council revised its position and disclosed the requested information, whilst accepting that the request fell under the EIR. The Commissioner’s decision is that, on the balance of probabilities, the Council has disclosed all information within the scope of the request. However, as the Council failed to provide the information within 20 working days of receipt of the request, the Commissioner finds that the Council breached regulation 5(2) of the EIR. The Commissioner does not require the Council to take further steps.
Exemptions cited: EIR 5(1); EIR 5(2)
View Somerset Council
18 Jul 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information about pre-application planning advice relating to a proposed solar farm development. South Kesteven District Council (“the Council”) refused the request, citing regulation 12(5)(d) (the exception for confidentiality of proceedings) of the EIR. The Commissioner’s decision is that the Council was entitled to apply regulation 12(5)(d) to withhold the requested information.
Exemptions cited: EIR 12(5)(d)
View South Kesteven District Council
18 Jul 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested details about an investigation. The above public authority relied on section 31 of FOIA (law enforcement) to refuse to confirm or deny that the information was held. The Commissioner’s decision is that the public authority was entitled to rely on section 31 of FOIA to refuse to confirm or deny holding the information. He also finds that the public authority breached section 17 as it failed to issue an adequate refusal notice. The Commissioner does not require further steps to be taken. Information Tribunal FT/EA/2024/0296 under appeal.
Exemptions cited: FOI 17; FOI 31
View Equality and Human Rights Commission
18 Jul 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested copies of correspondence about Wirral Borough Council and alleged over spraying and raking at Hoylake beach. Natural England (‘NE’) relied on regulation 12(5)(f) of the EIR (interests of the person who provided the information) to refuse the first part of the request. NE relied on regulation 12(4)(a) of the EIR (information not held) to refuse the remainder of the request. The Commissioner’s decision is that NE was entitled to rely on regulation 12(5)(f) to refuse the first part of the request and that, on the balance of probabilities, no information is held for the remainder of the request. The Commissioner does not require further steps.
Exemptions cited: EIR 12(4)(a); EIR 12(5)(f)
View Natural England
18 Jul 2024Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a request to the Cabinet Office seeking invoices and purchase orders received from David Cameron in the last two years in relation to the Public Duty Costs Allowance. The Cabinet Office withheld the information in scope of the request on the basis of sections 21 (information reasonably accessible) and 40(2) (personal data) of FOIA. The complainant challenged the application of the latter exemption. The Commissioner’s decision is that the invoice documents are not exempt from disclosure on the basis of section 40(2) of FOIA, albeit that the schedule documents, submitted in support of the invoices, are exempt from disclosure on the basis of section 40(2). Information Tribunal FT/EA/2024/0314 appeal consent order
Exemptions cited: FOI 40
View Cabinet Office
18 Jul 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(1)
18 Jul 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information held by the Foreign, Commonwealth & Development Office (FCDO) regarding the decision-making process behind the selection of transportation for diplomatic tours. The FCDO 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 Foreign, Commonwealth & Development Office
17 Jul 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has made a six-part request for information about bona vacantia estates passed to the Duchy of Lancaster. Oldham Metropolitan Borough Council confirmed information was held, but withheld it under the exemption provided by section 31(1)(a) (prejudice to the prevention or detection of crime) of FOIA. The Commissioner’s decision is that in respect of parts [2] and [6] of the request, the council is entitled to withhold the information under section 31(1)(a). However, the Commissioner has found that the council is not entitled to refuse the remaining parts of the request under section 31(1)(a). The Commissioner requires the council to take the following steps to ensure compliance with the legislation: Disclose the information sought by parts [1], [3], [4], and [5] of the request.
Exemptions cited: FOI 31(1)(a)
View Oldham Council
17 Jul 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 Humberside Police
17 Jul 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to the number of applicants, for a specific course intake, who have disabilities. Royal Holloway University of London (‘the University’) refused to provide the requested information, citing section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that: the University isn’t entitled to withhold any information under section 43(2) (commercial interests), the University is entitled to withhold the information it has under section 40(2) (personal information) except that requested at part 2, and in failing to confirm or deny that it held information relevant to the request, and disclose any non-exempt information, within the statutory timeframe, the University breached section 1 (general right of access to information) and section 10 (timescale for compliance) of FOIA. The Commissioner requires University to take the following steps to ensure compliance with the legislation: disclose the information requested at parts 1
Exemptions cited: FOI 1; FOI 10; FOI 40(2); FOI 43(2)
17 Jul 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from the College of Policing about how costs of major investigations are recorded. The Commissioner’s decision is that the above public authority (“the public authority”) 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 College of Policing
17 Jul 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested various information regarding emission checks and cyclist safety from the Welsh Government in relation to the 20 mile per hour speed limit introduced in Wales in September 2023. The Welsh Government after initially directing the complainant to a link on its website, confirmed that it did not hold relevant information. The Commissioner’s decision is that it is unlikely that the Welsh Government holds relevant information and has therefore complied with its obligations under regulation 12(4)(a) of the EIR. The Commissioner does not require any steps.
Exemptions cited: EIR 12(4)(a)
View Welsh Government
17 Jul 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(1)
17 Jul 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested, on behalf of their clients, information about an Application for Certificate of Lawfulness for a specific property. Brecon Beacons National Park Authority (the Authority) withheld the information requested under regulations 12(5)(b) (legal professional privilege) and 13 (personal data). The Commissioner’s decision is that regulation 5(3) of the EIR applies as the information is the personal data of the complainant’s clients. This means that the Council was not obliged to comply with the request. The Commissioner does not require the Council to take any steps.
Exemptions cited: EIR 5(3)
View Brecon Beacons National Park Authority
17 Jul 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested DVLA to disclose the number of drivers in the past five years who have contacted it to inform it of an inability to drive due to hepatic encephalopathy or after an alcohol withdrawal seizure. They also asked how many accidents were attributed to the driver suffering such conditions. DVLA refused to comply with the first element of the request in accordance with section 12 of FOIA. With regards to the second element, DVLA advised that it does not hold this information. The Commissioner’s decision is that DVLA is entitled to refuse to comply with the first element of the request under section 12 of FOIA. In relation to the second element of the request, the Commissioner is satisfied that, on the balance of probabilities, DVLA does not hold the requested information. The Commissioner has however recorded a breach of section 16 of FOIA. The Commissioner does not require any further steps to be taken.
Exemptions cited: FOI 1; FOI 12; FOI 16
View Driver and Vehicle Licensing Agency
17 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested the names of senior members of staff at the Western Health and Social Care Trust (the Trust), who made a decision in an employment dispute. The Trust relied on section 40(2) of FOIA (third party personal information) to withhold the information. The Commissioner’s decision is that the Trust has correctly relied on 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 Western Health and Social Services Board
17 Jul 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has made a multi-part request for information about court charges. Waverley Borough Council disclosed information in respect of part 1 of the request. The complainant disputed that further information was held in respect of part 1. During the course of investigation, the council informed the Commissioner that further information had been identified. The Commissioner’s decision, therefore, is that the council holds further specific information in respect of part 1 of the request, which has not been disclosed or subject to a valid refusal notice. However, the Commissioner is satisfied that no further information is held beyond this. The Commissioner requires the council to take the following steps to ensure compliance with the legislation: Issue a fresh response to part 1 of the request in which the newly identified information is either disclosed, or a valid refusal notice issued for any exemption it intends to rely on. The Commissioner refers the council to the observat
Exemptions cited: FOI 1(1)
View Waverley Borough Council
17 Jul 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(1)
View Epsom and St Helier University Hospitals NHS Trust
17 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that the Department for Education (DfE) is entitled to rely on section 40(5B) of FOIA to neither confirm nor deny it holds the requested information about an Education and Skills Funding Agency case. Confirming or denying it holds the information would reveal third parties’ personal data and would be unlawful. It’s not necessary for DfE to take any corrective steps.
Exemptions cited: FOI 40(5)
View Education and Skills Funding Agency
17 Jul 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(1)
View Wirral Council
17 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested GMIC to disclose information relating to an independent review it was undertaking into allegations they had raised. GMIC refused to disclose the information citing section 31(1)(g), 40, 41 and 43 of FOIA. The Commissioner’s decision is that GMIC is entitled to refuse to disclose the information in accordance with section 31(1)(g) of FOIA. He does not require any further action to be taken.
Exemptions cited: FOI 31(1)(g)
View NHS Greater Manchester ICB
16 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested a Memorandum of Understanding (or protocol) relating to Warwickshire Hunt. Warwickshire Police refused to provide the requested information citing section 32 of FOIA – the exemption for court records etc. The Commissioner’s decision is that Warwickshire Police was entitled to rely on section 32(1)(b) of FOIA to refuse this request. No steps are required as a result of this decision. Information Tribunal FT/EA/2024/0313 appeal withdrawn.
Exemptions cited: FOI 32
View Warwickshire Police
16 Jul 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant has requested EA to disclose the United Kingdom Accreditation Service (UKAS) audit reports for water companies, which concern each of the water company’s Monitoring Certification Scheme (‘MCERTS’) site conformity inspection certificate for flow monitoring. EA refused to disclose the information citing regulation 12(5)(e) of the EIR. The Commissioner’s decision is that EA is not entitled to rely on 12(5)(e) of the EIR. It also breached regulation 14(2) of the EIR by failing to issue a refusal notice within 20 working days of the receipt of the request. The Commissioner requires EA to disclose the requested information to the complainant. EA is permitted to redact personal data from the withheld information in accordance with regulation 13 of the EIR.
Exemptions cited: EIR 12(5)(e); EIR 14(2)(1)
View Environment Agency
16 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant made a request for information relating to a Home Office tweet published on 8 September 2023. The Home Office refused to disclose the information, citing section 36(2)(b)(i) (prejudice to the effective conduct of public affairs) and section 40(2) (personal information). The Commissioner’s decision is that the Home Office was entitled to apply section 36(2)(b)(i) to refuse the request. The Commissioner does not require further steps.
Exemptions cited: FOI 36
View Home Office
16 Jul 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
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 London Borough of Hackney
16 Jul 2024Complaint partially upheldFreedom of Information Act 2000
The complainant submitted a request to the Ministry of Defence (MOD) seeking interview notes relating to the interviews conducted by Jock Gardner of the Naval Historical Branch with former Royal Navy submarine commanders. The MOD confirmed that it held the requested information but considered it to be exempt from disclosure on the basis of sections 24(1) (national security), 26(1)(a) and (b) (defence), 27(1)(a) (international relations), 40(2) (personal data) and 41(1) (information provided in confidence) of FOIA. The Commissioner’s decision is that the withheld information is exempt from disclosure on the basis of the above exemptions. However, he has concluded that the MOD breached section 17(3) of FOIA by failing to complete its public interest test considerations in a reasonable time.
Exemptions cited: FOI 17; FOI 24; FOI 26; FOI 27; FOI 40
View Ministry of Defence
16 Jul 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 Ravensbourne University London
16 Jul 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request to the Cabinet Office seeking details of when Rishi Sunak has used a private jet or helicopter to attend events in Great Britain since he became Prime Minister. The Cabinet Office confirmed that it held information falling within the scope of this request but refused to provide it on the basis of sections 24(1) (national security) and 38(1) (health and safety) of FOIA. The Commissioner’s decision is that the requested information is exempt from disclosure on the basis of section 24(1) and that in all the circumstances of the case the public interest favours maintaining the exemption.
Exemptions cited: FOI 24
View Cabinet Office
16 Jul 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant has requested information relating to the maintenance of a small piece of land. Westminster City Council said that it did not maintain the land, therefore it did not hold the requested information. The complainant disputed the accuracy of the Council’s response. The Commissioner’s decision is that the Council does not hold the requested information, therefore it ought to have issued a response citing regulation 12(4)(a) of the EIR. No steps are required. Information Tribunal FT/EA/2025/0010 under appeal.
Exemptions cited: EIR 5
View Westminster Council