27 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested copies of the minutes of the Governing Body at Ysgol Friars (the School) which dealt specifically with two employment tribunal cases. The School provided copies of the minutes in question, subject to some information being redacted under section 40(2) (personal information) and section 44 (prohibitions on disclosure). During the course of the Commissioner’s investigation the School withdrew its reliance on section 44 of the FOIA but maintained the section 40(2) applied to the request. The School stated that it also considered some of the withheld information to be exempt under section 41 (information provided in confidence) and section 42 (legal professional privilege). The Commissioner’s decision is that the School has correctly applied section 40(2) to all of the withheld information. He does not require any steps to be taken.
Exemptions cited: FOI 40
27 Jun 2024Complaint partially upheldFreedom of Information Act 2000
The complainant made a request for information relating to the document titled “Sovereign Borders: International Asylum Comparisons Report”. The Home Office refused to provide the information citing sections 21(1) of FOIA for Section 1 of the report and section 35(1)(a) and 36(2)(b)(i) and (ii) of FOIA for the remaining sections of the report. The Commissioner’s decision is that the Home Office was entitled to rely on section 35(1)(a) of FOIA in respect of the withheld information. The Commissioner has also considered the Home Office’s delay in providing a response and has found that the Home Office 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. The Commissioner does not require further steps.
Exemptions cited: FOI 17; FOI 35
View Home Office
27 Jun 2024Complaint partially upheldEnvironmental Information Regulations 2004
The complainant requested background information relating to a cabinet meeting over the future of a long-term waste treatment plant from Derby City Council (‘The council’). The council withheld some information under Regulation 12(5)(e) of the EIR (commercial confidentiality). The Commissioner’s decision is that the council was correct to apply Regulation 12(5)(e) to redact the information from disclosure. However, he has also decided that the council did not comply with the requirements of Regulation 5(2) (time for compliance), and Regulation 11(4) (time for review). The Commissioner does not require further steps.
Exemptions cited: EIR 11(4); EIR 12(5)(e); EIR 5(2)
View Derby City Council
27 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested any reports relating to HCRG Care Groups performance held by the Integrated Care Board (ICB). The ICB confirmed a report was held but this was being withheld under sections 40, 41 and 38 FOIA. The Commissioner’s decision is that the ICB has demonstrated that section 41 FOIA is engaged in relation to the whole report and there is no public interest defence to a breach of confidence applicable. The information has therefore been correctly withheld. As the Commissioner has found that section 41 is engaged he has not gone on to consider the other exemptions cited. The Commissioner does not require any steps.
Exemptions cited: FOI 41
View NHS Lancashire and South Cumbria ICB
27 Jun 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested telemetry alarm signalling data. United Utilities Water Limited (‘the public authority’) refused the request for several reasons. The Commissioner’s decision is that: the requested information is environmental information under regulation 2(1) and so the public authority was obliged to deal with the request, the request is not manifestly unreasonable and so the public authority isn’t entitled to rely upon regulation 12(4)(b) to refuse it and the requested information doesn’t engage regulation 12(5)(b) and so the public authority cannot withhold the requested information under the exception. 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 12(5)(b); EIR 2(1)
View United Utilities
27 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about documents linked to a previous exchange about their Job Evaluation and Grading Support (‘JEGS’) evaluation. ACAS advised that it was applying section 43(2) of FOIA (commercial interests) to withhold the requested information for the first question, and provided responses to the second and third questions. It advised that the last two questions of the request did not fall under FOIA. The Commissioner’s decision is that ACAS was entitled to apply section 43(2) to withhold the requested information in respect of the first question. The Commissioner does not require further steps. Information Tribunal FT/EA/2024/0279 appeal dismissed.
Exemptions cited: FOI 43
View Advisory, Conciliation and Arbitration Service
27 Jun 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested TNA to disclose a paper circulated at an Executive Team meeting in April 2023 which concerns both Reclosure and Risk and Reclosure and Enquiries. TNA disclosed some information but withheld the remainder citing sections 36(2)(b) and (c) of FOIA, which concern prejudice to the effective conduct of public affairs. The Commissioner’s decision is that TNA is entitled to rely on sections 36(2)(b) and (c) of FOIA. He has however recorded a breach of section 17(1) of FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 17; FOI 36(2)(b); FOI 36(2)(c)
View The National Archives
26 Jun 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information about Notices of Intended Prosecution (“NIPs”) issued on two particular stretches of road from the Metropolitan Police Service (the “MPS”). The MPS refused to provide the requested information, relying on sections 31(1)(a) and (b) (Law enforcement) and 38(1) (Health and safety) of FOIA.The Commissioner’s decision is that section 31 is properly engaged for most of the withheld information. However, as some of the NIPs were issued in error, he finds that the exemptions are not engaged in respect of part (2) of the request and that this figure should be disclosed. The Commissioner requires the MPS to disclose the information requested at part (2) of the request. Information Tribunal FT/EA/2024/0447 appeal Consent Order.
Exemptions cited: FOI 31; FOI 38
View Metropolitan Police Service
26 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant submitted a request for information regarding Thames Valley Police’s (TVP) vehicle fleet. The Commissioner’s decision is that TVP are entitled to rely on section 12(1) (cost of compliance) of FOIA to refuse to provide the requested information. The Commissioner does not require any steps as a result of this decision.
Exemptions cited: FOI 12(1)
View Thames Valley Police
26 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the BBC about the press release source and editorial process used in the production of a particular BBC article. The BBC responded that the requested information was covered by the derogation and hence excluded from FOIA. The Commissioner’s decision is that this information, if held at all, is held by the BBC for the purposes of journalism, art or literature and so is not covered by FOIA. He therefore upholds the BBC’s position and requires no steps to be taken in this case.
Exemptions cited: FOI 3
View BBC
26 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a list of contracts of £10,000 or more. Pension Protection Fund (‘PPF’) provided links where some of the requested information could be found, advised that it was relying on section 43 of FOIA (commercial interests) to withhold information relating to investment contracts and that it was relying on section 12(1) (cost limit) of FOIA to refuse the rest of the request. The Commissioner’s decision is that PPF was entitled to rely on section 12(1) of FOIA to refuse the request. The Commissioner finds that PPF complied with its section 16 obligation to offer advice and assistance. The Commissioner does not require further steps.
Exemptions cited: FOI 12; FOI 16
View Pension Protection Fund
26 Jun 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information relating to a development consent order. National Highways disclosed information with redactions made under regulation 12(4)(d) (material in the course of completion), regulation 12(5)(e) (commercial or industrial information) and regulation 12(5)(d) (confidentiality of proceedings). The Commissioner’s decision is that National Highways has failed to explain why the withheld information engages any of the exceptions. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose all withheld information, except that withheld under regulation 13 (personal data).
Exemptions cited: EIR 12(4)(d); EIR 12(5)(d); EIR 12(5)(e)
View National Highways
26 Jun 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested transmissivity data. United Utilities refused to comply with the request, on the basis that it’s not environmental information. The Commissioner’s decision is that the requested information is environmental information under regulation 2(1) and so the public authority is obliged to deal with the request. The Commissioner has also found a procedural breach under regulation 5. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: either disclose the information it holds within the scope the request or issue a refusal notice that complies with regulation 14 of the EIR.
Exemptions cited: EIR 2(1); EIR 5
View United Utilities
26 Jun 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information relating to a quality assurance exercise undertaken by the Northern Ireland Policing Board. The Board refused the request under section 14(1) of FOIA as it maintained that the request was vexatious. The Commissioner’s decision is that the request is not vexatious, therefore the Board was not entitled to refuse it under section 14(1). The Commissioner requires the Board to issue a fresh response to the request that does not cite section 14(1) of FOIA.
Exemptions cited: FOI 14
View Northern Ireland Policing Board
26 Jun 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested telemetry alarm signalling data. United Utilities Water Limited (‘the public authority’) refused the request for several reasons. The Commissioner’s decision is that: the requested information is environmental information and so the public authority was obliged to deal with the request, the request is not manifestly unreasonable and so the public authority isn’t entitled to rely upon regulation 12(4)(b) to refuse it and the requested information doesn’t engage regulation 12(5)(b) and so the public authority cannot withhold the requested information under the exception. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the information that’s being requested, in line with the single objective reading of the request that’s outlined in this notice.
Exemptions cited: EIR 12(4)(b); EIR 12(5)(b); EIR 2(1)
View United Utilities
26 Jun 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has made two requests for information about PCN appeals relating to bus gates installed at Valley Gardens. Brighton and Hove City Council aggregated the two requests and refused to comply with them under section 12(1) (cost of compliance) of FOIA. The Commissioner’s decision is that the council has not demonstrated that section 12(1) is engaged but has otherwise complied with section 10(1) of FOIA. The Commissioner requires the council to take the following steps to ensure compliance with the legislation: Issue a fresh response to the two requests that does not seek to rely on section 12.
Exemptions cited: FOI 10(1); FOI 12(1)
View Brighton and Hove City Council
25 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that, under section 44(1) of FOIA, the ICO is entitled to withhold information it received from the Department for Work and Pensions as there’s a prohibition on its disclosure. It’s not necessary for the ICO to take any corrective steps.
Exemptions cited: FOI 44
View Information Commissioner
25 Jun 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information about changes to the selection criteria for a circuit judge recruitment exercise. The Judicial Appointments Commission (“the JAC”) provided some information in response to the request but said the information described in part (A) of the request was exempt under section 36(2)(c) (Prejudice to the effective conduct of public affairs) of FOIA. The Commissioner’s decision is that the JAC has not demonstrated that section 36(2)(c) is engaged. He also finds that by failing to comply with the request within the statutory time for compliance, the JAC breached sections 1(1) and 10(1) of FOIA. The Commissioner requires the JAC to disclose the information requested in part (A) of the request, with all personal data redacted under section 40(2) (Personal information) of FOIA.
Exemptions cited: FOI 1; FOI 10; FOI 36
View Judicial Appointments Commission
25 Jun 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(1)
View ASTREA ACADEMY TRUST
25 Jun 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant requested information from the Home Office (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 complete its deliberations on the balance of the public interest within a reasonable time and has therefore breached section 17(3) of FOIA. 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. 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 pursuan
Exemptions cited: FOI 17(3)
View Home Office
25 Jun 2024Complaint partially upheldFreedom of Information Act 2000
The Commissioner’s decision is that information in a financial report that the complainant has requested is exempt from disclosure under section 41(1) of FOIA. This is because it’s information that was provided to Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust (‘the Trust’) in confidence. In respect of the exempt information, the Trust breached section 17(1) of FOIA as it didn’t confirm to the complainant the exemption on which it’s relying, within the required timescale. It’s not necessary for the Trust to take any corrective steps.
Exemptions cited: FOI 17; FOI 41(1)
View Doncaster and Bassetlaw Hospital NHS Trust
25 Jun 2024Complaint partially upheldFreedom of Information Act 2000
The complainant made a request for information relating to ongoing correspondence they were engaged in with Staffordshire County Council (“the Council”). The Council disclosed information within the scope of part 1 of the complainant’s request and has confirmed that it does not hold the information requested in part 2 of the request. The Commissioner considers that the Council was correct to confirm that it does not hold the relevant requested information. The Commissioner’s decision is also that, in failing to state that it does not hold the relevant requested information within 20 working days of receiving the request, the Council has breached sections 1(1)(a) and 10(1) of FOIA. The Commissioner requires no steps to be taken.
Exemptions cited: FOI 1; FOI 10
View Staffordshire County Council
25 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested specified email addresses and related information from the Legal Services Board (the ‘LSB’). In response, the LSB provided weblinks to publicly available contact information but refused to provide the remaining requested information, citing section 40(2) – the FOIA exemption for personal information. The Commissioner’s decision is that the LSB has properly relied on section 40(2) of FOIA to withhold the remaining requested information. The Commissioner does not require any steps as a result of this decision.
Exemptions cited: FOI 40
View Legal Services Board
25 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information relating to schools in Brent that have had a rapid improvement group (RIG) put in place as an improvement intervention. The London Borough of Brent (the council) provided a partial disclosure of information but withheld the remainder of the information on the basis of section 31(1)(g) by virtue of section 31(2)(c) of FOIA. The Commissioner’s decision is that section 31 of FOIA is engaged, and the balance of the public interest favours withholding the information. The Commissioner does not require any further steps to be taken.
Exemptions cited: FOI 31
View London Borough of Brent
24 Jun 2024Complaint not upheld (refusal valid)Environmental Information Regulations 2004
The complainant requested information relating to policies and procedures on the handling of roadworks. Bracknell Forest Borough Council (the council) provided some information and said that no further information was held. The Commissioner is satisfied, on the balance of probabilities, that the council does not hold any further information relevant to the request. The Commissioner does not require further steps.
Exemptions cited: EIR 5
View Bracknell Forest Council
24 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested EHRC to disclose any correspondence with Theatre Royal Stratford East regarding the Black Out performance of 'Tambo & Bones' on Wednesday 5 July 2023. EHRC refused to disclose the information citing section 31(1)(g) of FOIA. The Commissioner’s decision is that EHRC is entitled to rely on section 31(1)(g) of FOIA. He therefore does not require any further action to be taken.
Exemptions cited: FOI 31(1)(g)
View Equality and Human Rights Commission
24 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested the number of complaints that had been received about the tenants of a particular property. West Oxfordshire District Council (the Council) withheld the information requested under section 40 (personal information). During the course of the Commissioner’s investigation the Council stated that it was now relying on the provisions of section 40(5) of the FOIA to refuse to confirm or deny whether the requested information is held. The Commissioner’s decision is that the Council correctly cited section 40(5) of FOIA to neither confirm nor deny that it holds the requested information. The Commissioner does not require any further steps.
Exemptions cited: FOI 40
View West Oxfordshire District Council
24 Jun 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.
Exemptions cited: FOI 10
View Wirral Council
24 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that, on the balance of probabilities, NHS England (NHSE) doesn’t hold the requested information about Droxidopa and has complied with section 1(1)(a) and 10(1) of FOIA. It’s not necessary for NHSE to take any steps.
Exemptions cited: FOI 1(1)(a); FOI 10(1)
View NHS England
24 Jun 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information from Wirral Metropolitan Borough Council (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 the public authority to take the following steps to ensure compliance with the legislation. Issue a substantive response to the request in accordance with its obligations under the EIR. The public authority must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Freedom of Information Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 5(2)
View Wirral Council
24 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information regarding the issue of a new Tactical Recognition Flash (TRF) by The Royal Air Force Air Cadets (RAFAC). The Ministry of Defence (MOD) refused the request citing section 12 (cost of compliance) of FOIA. The Commissioner’s decision is that the MOD was entitled to rely on section 12 in response to the request. It has also complied with its duty to provide advice and assistance in line with the requirements of section 16 of FOIA. The Commissioner does not require any steps as a result of this decision.
Exemptions cited: FOI 12(1)
View Ministry of Defence
24 Jun 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.
Exemptions cited: FOI 10
View Wirral Council
24 Jun 2024Complaint partially upheldFreedom of Information Act 2000
The complainant requested information about the decision to purchase Newport Leisure Park, including the most up to date audit. Monmouthshire County Council (the Council) provided links to some publicly available information and stated that a report that was considered in a closed session of a meeting was exempt under section 44 (prohibitions on disclosure) of the FOIA. The complainant disputed the Council’s application of section 44 and considered that the Council held additional information relevant to the request. The Commissioner’s decision is that the Council does not hold any additional information relevant to the request. The Commissioner has also determined that section 44 of the FOIA is not engaged. The Commissioner requires the Council to disclose the information withheld under section 44 of the FOIA. Information Tribunal FT/EA/2024/0274 appeal part allowed.
Exemptions cited: FOI 1; FOI 44
View Monmouthshire County Council
24 Jun 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information from Wirral Metropolitan Borough Council (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 the public authority to take the following steps to ensure compliance with the legislation. Issue a substantive response to the request in accordance with its obligations under the EIR. The public authority must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Freedom of Information Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 5(2)
View Wirral Council
24 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The Commissioner’s decision is that, if held, the information about Pageview statistics and the BBC’s news website that the complainant has requested is held by the BBC for the purposes of ‘journalism, art or literature.’ The information isn’t therefore covered by FOIA, and the BBC doesn’t need to take any corrective steps.
Exemptions cited: FOI 3
View BBC
24 Jun 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested the criteria against which the Department for Work and Pensions (DWP) has assessed its readiness to scale up the migration of specified benefit claimants. They also requested the assessment of this readiness. DWP withheld this information under section 22, information intended for future publication. The Commissioner’s decision is that section 22 is not engaged. The Commissioner requires DWP to disclose the requested 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. Information Tribunal FT/EA/2024/0281 under appeal.
Exemptions cited: FOI 22
View Department for Work and Pensions
24 Jun 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested, from HM Treasury (HMT), information about a policy that was announced in November 2023. HMT refused to disclose the requested information, on the basis of section 35(1)(a) of FOIA (the exemption for the formulation or development of government policy). The Commissioner’s decision is that some of the withheld information is statistical information that doesn’t engage section 35(1)(a), by virtue of section 35(2) of FOIA; and that for the remaining withheld information, section 35(1)(a) is engaged, but the public interest favours disclosure. The Commissioner requires the public authority to disclose the withheld information (subject to any appropriate redactions for personal data), to ensure compliance with the legislation. 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
Exemptions cited: FOI 35(1)(a)
View HM Treasury
24 Jun 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant requested information from Wirral Metropolitan Borough Council (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 the public authority to take the following steps to ensure compliance with the legislation. Issue a substantive response to the request in accordance with its obligations under the EIR. The public authority must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Freedom of Information Act and may be dealt with as a contempt of court.
Exemptions cited: EIR 5(2)
View Wirral Council
24 Jun 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information in respect of the prison early release scheme. The Ministry of Justice (“MOJ”) cited section 22 of FOIA and refused to provide the requested information because it was intended for future publication.The Commissioner’s decision is that the MOJ breached section 10(1) of FOIA by failing to issue a response within 20 working days of the request and that the MOJ was correct to apply section 22 of FOIA in this case at the time of the request.The Commissioner does not require further steps.
Exemptions cited: FOI 10; FOI 22
View Ministry of Justice
24 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested a copy of UCEA guidance. Norwich University of the Arts (‘the University’) refused to provide the requested information, citing section 41 (information provided in confidence). The Commissioner’s decision is that the withheld information engages section 41 and the public interest lies in maintaining the confidentiality. The Commissioner does not require further steps.
Exemptions cited: FOI 41
View Norwich University of the Arts
24 Jun 2024Complaint partially upheldFreedom of Information Act 2000
The complainant requested from Derbyshire County Council (“the council”) the names of council officers who knew that statistics which were provided to councillors for a council meeting were incorrect. The council argued that it does not hold specific information which can respond to the complainant's request for information. It also applied section 40(2) to withhold a list of council officers who had had access to that information (personal data). The Commissioner’s decision is that the council was correct to state that it does not hold information falling within the scope of the complainant's request for information. He has, however, decided that the council did not comply with the requirements of section 10(1) of FOIA. The Commissioner does not require further steps.
Exemptions cited: FOI 1; FOI 10(1)
View Derbyshire County Council
21 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about a programme on BBC Scotland. The above public authority stated that the information was held for a derogated purpose and was therefore not covered by FOIA. The Commissioner’s decision is that the requested information would be held for a derogated purpose and therefore the public authority was not obliged to provide it. The Commissioner does not require any steps to be taken.
Exemptions cited: FOI 1
View BBC
21 Jun 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information from West Midlands Police (the Police) regarding a road traffic offence. The Police relied on section 40(2) of FOIA (third party personal information) to withhold the information. The Commissioner’s decision is that the Police has not correctly relied on section 40(2) of FOIA to withhold the information. The Commissioner requires Police to take the following steps to ensure compliance with the legislation. Disclose the requested information, with appropriate redactions made to the footage to obscure the driver’s face and the vehicle registration number wherever they appear. If the footage captures the driver’s voice, this should also be appropriately disguised. The Police 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 40(2)
View West Midlands Police
21 Jun 2024Complaint upheld (body must disclose)Freedom of Information Act 2000
The complainant has requested information regarding body worn video (‘BWV’) policy from Surrey Police. The Commissioner’s decision is that Surrey Police breached sections 10(1) and 17(1) by failing to confirm or deny holding the requested information and by failing to issue an appropriate refusal notice within the statutory time frame of 20 working days. The Commissioner does not require further steps to be taken.
Exemptions cited: FOI 10(1); FOI 17
View Surrey Police
21 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant requested information from the BBC about BBC Northampton listening figures. The BBC responded that the requested information was covered by the derogation and hence excluded from FOIA. The Commissioner’s decision is that this information, if held at all, is held by the BBC for the purposes of journalism, art or literature and so is not covered by FOIA. He therefore upholds the BBC’s position and requires no steps to be taken in this case.
Exemptions cited: FOI 3
View BBC
21 Jun 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested any correspondences between the Lord Chancellor and named individuals regarding Richard John Bingham. The Ministry of Justice (MoJ) relied on sections 40(2) and 41 of FOIA to withhold the information. The Commissioner’s decision is as follows: the MoJ has correctly relied on sections 40(2) and 41 of FOIA to withhold the information. The MoJ breached sections 10(1) and 17(1) by failing to issue a refusal notice until after 20 working days. The Commissioner does not require further steps to be taken.
Exemptions cited: FOI 10(1); FOI 17; FOI 40(2); FOI 41
View Ministry of Justice
21 Jun 2024Complaint partially upheldFreedom of Information Act 2000
The complainant has requested information relating to the risks and issues recorded in the ‘strategic risk register’ as referenced in the Charity Commission of England and Wales’s annual reports and accounts 2022/23. The Charity Commission of England and Wales (“CCEW”) relied on section 12 of FOIA (cost of compliance) to refuse the request.The Commissioner’s decision is that the CCEW was entitled to aggregate the requests under section 12(4) of FOIA and is entitled to rely on section 12(1) of FOIA to refuse the requests. The Commissioner also considers that CCEW has complied with its obligations under section 16(1) of FOIA to provide adequate advice and assistance. However, CCEW has breached section 10(1) FOIA as it failed to respond within the statutory time for compliance.The Commissioner does not require any further steps to be taken.
Exemptions cited: FOI 10(1); FOI 12(1); FOI 16(1)
View The Charity Commission
21 Jun 2024Complaint upheld (body must disclose)Environmental Information Regulations 2004
The complainant has requested information relating to roadworks that took place in October 2022. Cumbria County Council (CCC) did not provide a response. The Commissioner’s decision is that CCC breached regulation 5(2) of EIR. The Commissioner requires Westmorland and Furness Council (the council) to take the following steps to ensure compliance with the legislation. Provide a response to the request of 17 November 2022. The public authority must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. Information Tribunal FT/EA/2024/0330 appeal struck out.
Exemptions cited: EIR 5
View Cumbria County Council
21 Jun 2024Complaint not upheld (refusal valid)Freedom of Information Act 2000
The complainant has requested information about a particular surgeon. The above public authority relied on section 40(2) of FOIA (third party personal data) to withhold the information. The Commissioner’s decision is that the public authority should not have confirmed or denied that it held the requested information. He has therefore applied section 40(5B) of FOIA himself, proactively to avoid accidental revelation of personal information. The Commissioner does not require further steps to be taken. Information Tribunal FT/EA/2024/0244 appeal dismissed.
Keywords: disciplinary, performance management
Exemptions cited: FOI 40(5)(b)
View Torbay and South Devon NHS Foundation Trust
20 Jun 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 Mansfield District Council