Decision notices
Showing 26 to 50 of 22,092
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
NHS Greater Manchester Integrated Care
17 Jul 2024, Health
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.
FOI 31(1)(g): Complaint not 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
Brecon Beacons National Park Authority
17 Jul 2024, Local government
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.
EIR 5(3): Complaint not 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
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
Western Health and Social Care Trust
17 Jul 2024, Health
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.
FOI 40(2): Complaint not 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
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
Welsh Government
17 Jul 2024, Central government
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.
EIR 12(4)(a): Complaint not upheld
Stratford-on-Avon District Council
16 Jul 2024, Local government
The complainant has requested copies of correspondence from 2018, between a property management company and Stratford-on-Avon District Council (‘SADC’). SADC said that communications with its planning department were routinely deleted after four years, in line with its records management policy. Targeted searches provided additional confirmation that it did not hold the requested information. It refused the request under regulation 12(4)(a) (Information not held) of the EIR. The Commissioner’s decision is that, on the balance of probabilities, SADC does not hold the requested information.
EIR 12(4)(a): Complaint not upheld
Chief Constable of Warwickshire Police
16 Jul 2024, Police and criminal justice
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.
FOI 32: Complaint not upheld
Westminster City Council
16 Jul 2024, Local government
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.
EIR 5: Complaint not 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
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
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
Secretary of State for the Home Department (Home Office)
16 Jul 2024, Central government
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.
FOI 36: Complaint not 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
Cabinet Office
16 Jul 2024, Central government
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.
FOI 24: Complaint not upheld
Secretary of State for Defence (Ministry of Defence)
15 Jul 2024, Central government
The complainant submitted a request to the Ministry of Defence (MOD) seeking information about the numbers and locations of jobs supported by the Skynet program. The MOD explained that it did not hold the requested information. The Commissioner’s decision is that the MOD does not hold the requested information and nor is such information held by the third party contractor on the MOD’s behalf for the purposes of section 3(2)(b) of FOIA. The Commissioner does not require further steps.
FOI 3: Complaint not upheld FOI 1: Complaint not upheld
United Utilities PLC
15 Jul 2024, Private companies
The complainant has requested information about a) sewage treatment works using continuous monitoring devices, and b) water quality. United Utilities’ (UU) final position was that the information isn’t environmental information, but UU also withheld it under regulation 12(4)(b), 12(4)(e) and 12(5)(b) of the EIR. These exceptions concern manifestly unreasonable requests, internal communications, and the course of justice, respectively. During the course of the Commissioner’s investigation, UU advised that it intends to make available the information requested in part A of the request. The Commissioner’s decision is as follows: The requested information is environmental information under regulation 2(1) of the EIR. UU is entitled to refuse to disclose the information requested in part B of the request under regulation 12(4)(b). UU breached regulation 9(1) by failing to provide the complainant with any advice and assistance in respect of part B. It also breached regulations 5(2) and 14(2) as it didn’t make some information available or issue a regulation 12(4)(b) refusal within the statutory timeframe. The Commissioner requires UU to take the following steps to ensure compliance with the legislation: If it hasn’t already done so, disclose the information requested in part A of the request. With regard to part B of the request, consider whether there’s any advice and assistance UU can offer the complainant to help them submit a refined request, and communicate the outcome to the complainant.
EIR 12(4)(b): Complaint not upheld EIR 9(1): Complaint upheld EIR 5(2): Complaint upheld EIR 2: Complaint upheld EIR 14(2): Complaint upheld
Forestry Commission England
15 Jul 2024, Central government
The complainant has requested information relating to access agreement for licensed badger control activities. The Forestry Commission refused the request under regulation 12(5)(a) EIR – public safety. During the course of the Commissioner’s investigation it became apparent that the public authority was seeking to neither confirm nor deny if information was held under regulation 12(6). The Commissioner’s decision is that the public authority is not entitled to rely on regulation 12(6) to neither confirm nor deny holding the requested information with respect to regulation 12(5)(a). The Commissioner requires the public authority confirm or deny whether it holds information as described in parts 1 and 2 of the request and either disclose that information or issue a fresh refusal notice compliant with regulation 14 EIR.
EIR 12(5)(a): Complaint upheld
Governing Body of Courtauld Institute of Art
15 Jul 2024, Education
The Commissioner’s decision is that the Courtauld Institute of Art (‘the Institute’) correctly applied section 41(1) of FOIA to the requested guidance about handling FOIA requests about University & Colleges Employers Association (UCEA). This is because the information was provided to the Institute in confidence. However, the Institute didn’t comply with section 17(1) of FOIA as it didn’t provide the complainant with a refusal notice within the statutory time limit. It’s not necessary for the Institute to take any corrective steps.
FOI 17: Complaint upheld FOI 41(1): Complaint not upheld
National Archives
15 Jul 2024, Central government
The complainant has requested copies of historic murder investigation files. The above public authority relied on sections 31 (law enforcement), 38 (health and safety) and 40(2) of FOIA (third party personal information) to withhold the information. The Commissioner’s decision is that all three exemptions will be engaged and that, where applicable, the public interest favours maintaining the exemption. The public authority breached section 17(3) of FOIA by failing to complete its considerations on the balance of the public interest within a reasonable time period. The Commissioner does not require further steps to be taken.
FOI 17: Complaint upheld FOI 31: Complaint not upheld FOI 38: Complaint not upheld FOI 40(2): Complaint not upheld
Chief Constable of Thames Valley Police
15 Jul 2024, Police and criminal justice
The complainant requested information relating to the release of information in connection with civil proceedings. Thames Valley Police refused to comply with the request, citing section 14(1) (vexatious request) of FOIA. The Commissioner’s decision is that the request is vexatious under section 14(1) of FOIA. The Commissioner requires no steps to be taken as a result of this decision.
FOI 14: Complaint not upheld