FS50891120

The complainant requested information relating to the erection of a fence on the boundary between a holiday park and Ecclesbourne Glen. The council refused the request on the basis he had asked questions rather than made requests for recorded information. On review it directed the requestor to its planning portal, and responded directly to the…

FS50881473

The complainant has requested information about alleged criminal offences committed by councillors. Shropshire Council did not comply with the request and cited section 12(1) (cost of compliance exceeds appropriate cost limit) of the FOIA. The Commissioner’s decision is that although section 12 of the FOIA applies, Shropshire Council should have applied section 12(2) (‘neither confirm…

FER0884436

The complainant has requested the Department for Transport (DfT) to disclose copies of letters between Patrick McLoughlin, George Osborne, Chris Grayling and Philip Hammond relating to HS2 between 2016 and 2019. The DfT refused to disclose the requested information citing section 35(1)(a) and 35(1)(b) of the FOIA. During the Commissioner’s investigation the DfT confirmed that…

FS50902930

The complainant has requested various policies from Clarion Housing Group (“CHG”), citing both the FOIA and the EIR. The Commissioner’ decision is that the request would fall within the remit of the FOIA rather than the EIR. However, she also finds that CHG is not a public authority for the purposes of the FOIA and…

FS50889248

The complainant has requested information relating to loans for residential house purchases. The Financial Conduct Authority (FCA) disclosed the majority of the information but refused to provide the remaining requested information (the small numbers Powered by WPeMatico

FS50887368

The complainant has requested information about the field of forensics known as ‘hand identification’ from the National Police Chiefs’ Council (“NPCC”). The NPCC initially withheld all the information held citing sections 31(1)(a) and (b) (law enforcement) of the FOIA. During the Commissioner’s investigation it disclosed some information, decided that some information previously identified fell outside…

FS50841518

The complainant has requested information relating to a report on the safety case for the Chiltern Tunnel section of the High Speed 2 (HS2) railway. High Speed Two Limited (HS2 Ltd) has withheld the information under regulation 12(4)(d) (material still in the course of completion), regulation 12(5)(a) (public safety), and regulation 13(1) (personal data) of…

FS50891017

The complainant has requested information from Royal Holloway, University of London (the “university”) about its planning for a “no-deal” Brexit. The university refused to confirm or deny (“NCND”) whether it held the requested information under section 43(3) by virtue of section 43(2) – the exemption for commercial interests. The Commissioner’s decision is that the university…

80/2020 : 2 July 2020 – Opinions of the Advocate General in joined cases C-245/19,C-246/19

État du Grand-duché de Luxembourg (Droit de recours contre une demande d’information en matière fiscale) DFON According to Advocate General Kokott, the addressee, the taxpayer concerned and other concerned third parties must be able to obtain judicial review of an order to provide information made in the context of the cross-border exchange of information between…

79/2020 : 25 June 2020 – Opinion of the Advocate General in the case C-808/18

Commission v Hungary (Accueil des demandeurs de protection internationale) Area of Freedom, Security and Justice According to Advocate General Pikamäe, Hungary has failed to fulfil obligations arising from EU law in relation to a substantial part of its national legislation on asylum procedures and the return of illegally staying third-country nationals Powered by WPeMatico