Decision notices
Showing 1 to 25 of 10,883
Lancashire Teaching Hospitals NHS Foundation Trust
19 Jul 2024, Health
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.
FOI 17: Complaint upheld FOI 40(2): Complaint not upheld FOI 40(1): Complaint not upheld FOI 1(1)(a): Complaint upheld FOI 10(1): Complaint upheld
NHS England
19 Jul 2024, Health
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.
FOI 10: Complaint upheld
London Borough of Havering
19 Jul 2024, Local government
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.
EIR 5(2): Complaint upheld
Epsom and St Helier University Hospitals NHS Trust
19 Jul 2024, Health
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.
FOI 10: Complaint upheld
Health and Safety Executive
19 Jul 2024, Other
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.
EIR 11: Complaint upheld EIR 12(5)(b): Complaint not upheld
Department for Work and Pensions
19 Jul 2024, Central government
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.
FOI 35: Complaint upheld
Department for Work and Pensions
19 Jul 2024, Central government
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.
FOI 12: Complaint upheld
Morecambe Town Council
18 Jul 2024, Local government
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.
FOI 10(1): Complaint upheld
Metropolitan Borough of Wirral
18 Jul 2024, Local government
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.
FOI 10(1): Complaint upheld
Foreign, Commonwealth & Development Office
18 Jul 2024, Central government
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.
FOI 10: Complaint upheld
Equality and Human Rights Commission
18 Jul 2024, Other
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.
FOI 17: Complaint upheld FOI 31: Complaint not upheld
Somerset Council
18 Jul 2024, Local government
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.
EIR 5(1): Complaint not upheld EIR 5(2): Complaint upheld
Department for Transport
18 Jul 2024, Central government
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.
EIR 14: Complaint upheld EIR 12(4)(e): Complaint partly upheld
Royal Holloway University of London
17 Jul 2024, Education
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, 2 and 10 of the request.
FOI 43(2): Complaint upheld FOI 10: Complaint upheld FOI 40(2): Complaint partly upheld FOI 1: Complaint upheld
Chief Constable of Humberside Police
17 Jul 2024, Police and criminal justice
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.
FOI 10: Complaint upheld
Hughenden Parish Council
17 Jul 2024, Local government
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.
FOI 10(1): Complaint upheld
Metropolitan Borough of Wirral
17 Jul 2024, Local government
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.
FOI 10(1): Complaint upheld
Epsom and St Helier University Hospitals NHS Trust
17 Jul 2024, Health
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.
FOI 10(1): Complaint upheld
College of Policing
17 Jul 2024, Education
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.
FOI 10: Complaint upheld
Waverley Borough Council
17 Jul 2024, Local government
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 observations contained in ‘Other matters’ in issuing this fresh response.
FOI 1(1): Complaint upheld
Driver and Vehicle Licensing Agency
17 Jul 2024, Central government
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.
FOI 16: Complaint upheld FOI 1: Complaint not upheld FOI 12: Complaint not upheld
Ravensbourne University London
16 Jul 2024, Education
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.
FOI 10: Complaint upheld
London Borough of Hackney Council
16 Jul 2024, Local government
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.
FOI 10: Complaint upheld
Environment Agency
16 Jul 2024, Central government
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.
EIR 12(5)(e): Complaint not upheld EIR 14(2): Complaint upheld
Secretary of State for Defence (Ministry of Defence)
16 Jul 2024, Central government
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.
FOI 17: Complaint upheld FOI 26: Complaint not upheld FOI 40: Complaint not upheld FOI 27: Complaint not upheld FOI 24: Complaint not upheld