Decision notices
Showing 1 to 25 of 21,952
London Borough of Islington
28 Jun 2024, Local government
The complainant submitted a request to the London Borough of Islington (the Council) seeking information about the Barnsbury and Laycock Liveable Neighbourhood scheme. The Council provided the complainant with some information falling within the scope of the request. However it withheld some further information on the basis of regulation 12(4)(d) (material in the course of completion, unfinished documents and incomplete data) and some further information on the basis of regulation 12(4)(e) (internal communications). The Commissioner’s decision is that the information withheld on the basis of regulation 12(4)(d) is exempt from disclosure on the basis of this provision, but that in all the circumstances of the case the public interest favours disclosure of this information; and, that the information withheld on the basis of regulation 12(4)(e) is exempt from disclosure on the basis of this provision, and that in all the circumstances of the case the public interest favours withholding this information. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Provide the complainant with a copy of the information withheld on the basis of regulation 12(4)(d) of the EIR.
EIR 12(4)(d): Complaint upheld EIR 12(4)(e): Complaint not upheld
Crown Prosecution Service
28 Jun 2024, Police and criminal justice
The complainant has requested, from the Crown Prosecution Service (CPS), “a copy of the CPS written decision” relating to a specified investigation. CPS refused to confirm or deny holding information, citing section 30(3) of FOIA. The Commissioner’s decision is that CPS was correct to cite section 30(3) and neither confirm nor deny (NCND) holding information. The Commissioner doesn’t require any steps as a result of this decision notice.
FOI 30: Complaint not upheld
Ysgol Friars
27 Jun 2024, Education
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.
FOI 40: Complaint not upheld
Rhondda Cynon Taf County Borough Council
27 Jun 2024, Local government
In two separate requests, the complainant asked for various information in relation to health concerns posed by geese at Aberdare Park. Rhondda Cynon Taff County Borough Council (‘the Council’) provided a response to most items of the requests, and confirmed that it did not hold information in respect of two items of request one. The Commissioner’s decision is that the Council does not hold relevant information in respect of the water tests of the lake or risk assessments and method statements regarding public health concerns posed by the geese. However, the Council has failed to demonstrate that it has provided all relevant information in respect of some items of both requests. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. In respect of request one – reconsider its response to the operation and maintenance of the boats and either provide additional information or confirm that no additional information is held. In respect of request two – confirm whether it holds reports relating to the response from the Public Health Team in respect of the Hygiene rating of the cafeteria, and correspondence to and from Natural Resources Wales in relation to public health concerns regarding the geese, and either disclose the information or cite a valid exception. Revisit its response to the request in relation to the cleaning of the playground and the running and installation costs of the aeration system in the lake, and either provide additional information, cite a valid exception under the EIR or confirm that no additional information is held.
EIR 5(1): Complaint partly upheld EIR 12(4)(a): Complaint not upheld
ACAS (Advisory Conciliation and Arbitration Service)
27 Jun 2024, Central government
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.
FOI 43: Complaint not upheld
Derby City Council
27 Jun 2024, Local government
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.
EIR 11(4): Complaint upheld EIR 5(2): Complaint upheld EIR 12(5)(e): Complaint not upheld
National Archives
27 Jun 2024, Central government
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.
FOI 17: Complaint upheld FOI 36(2)(b): Complaint not upheld FOI 36(2)(c): Complaint not upheld
United Utilities PLC
27 Jun 2024, Private companies
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.
EIR 12(4)(b): Complaint upheld EIR 12(5)(b): Complaint upheld EIR 2(1): Complaint upheld
Secretary of State for the Home Department (Home Office)
27 Jun 2024, Central government
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.
FOI 35: Complaint not upheld FOI 17: Complaint upheld
NHS Lancashire and South Cumbria Integrated Care Board
27 Jun 2024, Other
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.
FOI 41: Complaint not upheld
British Broadcasting Corporation (BBC)
26 Jun 2024, Media
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.
FOI 3: Complaint not upheld
National Highways
26 Jun 2024, Other
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).
EIR 12(5)(d): Complaint upheld EIR 12(4)(d): Complaint upheld EIR 12(5)(e): Complaint upheld
Pension Protection Fund
26 Jun 2024, Health
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.
FOI 12: Complaint not upheld FOI 16: Complaint not upheld
United Utilities PLC
26 Jun 2024, Private companies
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.
EIR 5: Complaint upheld EIR 2(1): Complaint upheld
Northern Ireland Policing Board
26 Jun 2024, Police and criminal justice
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.
FOI 14: Complaint upheld
United Utilities PLC
26 Jun 2024, Private companies
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.
EIR 12(4)(b): Complaint upheld EIR 12(5)(b): Complaint upheld EIR 2(1): Complaint upheld
Chief Constable Commissioner for the Metropolis (Metropolitan Police…
26 Jun 2024, Police and criminal justice
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.
FOI 31: Complaint partly upheld FOI 38: Complaint partly upheld
Brighton and Hove City Council
26 Jun 2024, Local government
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.
FOI 12(1): Complaint upheld FOI 10(1): Complaint not upheld
Chief Constable of Thames Valley Police
26 Jun 2024, Police and criminal justice
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.
FOI 12(1): Complaint not upheld
Information Commissioner's Office
25 Jun 2024, Other
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.
FOI 44: Complaint not upheld
London Borough of Brent
25 Jun 2024, Local government
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.
FOI 31: Complaint not upheld
Staffordshire County Council
25 Jun 2024, Local government
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.
FOI 10: Complaint upheld FOI 1: Complaint partly upheld
Doncaster & Bassetlaw Teaching Hospital NHS Foundation Trust
25 Jun 2024, Health
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.
FOI 17: Complaint upheld FOI 41(1): Complaint not upheld
Secretary of State for the Home Department (Home Office)
25 Jun 2024, Central government
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 pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
FOI 17(3): Complaint upheld
Legal Services Board
25 Jun 2024, Police and criminal justice
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.
FOI 40: Complaint not upheld