GDPR articles

The complainant requested information from the Ministry of Justice (MOJ) relating to its contract with Interserve for HMP Berwyn. The Commissioner’s decision is that the MOJ has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The…

The complainant requested a copy of a data retention policy and a unpopulated copy of a spreadsheet. The Commissioner’s decision is that the London Borough of Enfield (“the London Borough”) failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner requires the London Borough…

The complainant has requested copies of information exchanged in correspondence between the Nursing and Midwifery Council (NMC) and two nursing homes about which he had submitted a complaint. The NMC stated that the information, if held, would engage either section 40 or 42 of the FOIA. The Commissioner’s decision is that the NMC has incorrectly…

The complainant requested information held by Warwick District Council (the council) relating to planning enforcement action taken in respect of a particular property. The council withheld the information requested in its entirety under regulation 13 of the EIR. The Commissioner’s decision is that the council correctly withheld personal information under regulation 13(1) but as it…

The complainant has requested from Stratford-on-Avon District Council a copy of an email together with attachments sent to it by a private individual in relation to a potential planning control matter. Stratford-on-Avon District Council withheld the requested information in its entirety under regulations 12(3), 12(5)(b) 12(5)(f) and 13(1) of the EIR. The Commissioner’s decision is…

The complainant has requested information relating to a planning application.  Hertsmere Borough Council confirmed that some of the information was not held and withheld other information under the exceptions for interests of the information provider (regulation 12(5)(f) and internal communications (regulation 12(4)(e)).  During the Commissioner’s investigation the council dropped its reliance on regulation 12(4)(e) but…

The complainant has requested various items of information in respect of the Welsh Government’s direct engagement with Horizon Nuclear Power Limited and Hitachi Limited commencing September 2014 to date and concerning the proposed Wylfa Newydd development. The Welsh Government refused the request by virtue of section 12 FOIA and regulation 12(4)(b) EIR. The Commissioner’s decision…

The complainant has requested information relating to the Senior Manager Review. The BBC refused to comply with the request under section 12 FOIA. The Commissioner’s decision is that the BBC was correct to apply section 12 FOIA and that it was not therefore obliged to comply with the request. The Commissioner also considers that the…

The complainant has made a request for information relating to contracts and change form. The Commissioner’s decision is that NHS England has failed to respond to the complainant’s request within 20 working days of receipt and has therefore breached section 10(1) of the FOIA. The Commissioner requires NHS England to provide the complainant with a…

The complainant has requested information with regards to a Tree Preservation Order (TPO) and his property. The council initially provided some information, but stated no information was held to part of the request. During the Commissioner’s investigation, the council located the remaining information to the request. The Commissioner’s decision is that the council breached regulation…

The complainant has submitted a request for information to East Riding of Yorkshire Council about the Council’s cooperation with Hull City Council under the Local Plan. The Commissioner has previously issued a decision notice in which she found that the Council had not responded to this request in accordance with the EIR, and required the…

The complainant has requested the University of Leicester (the university) to disclose the distribution of scores given to professors in the department of Neuroscience, Psychology and Behaviour (the department) during the review undertaken by the Senior Staff Pay Committee. The university refused to disclose the information citing section 40(2) of the FOIA. The Commissioner’s decision…

The complainant has requested a report into the performance of the Interim Executive Board (IEB) of a named school. The Department for Education (DfE) disclosed some information but refused to disclose the report in its entirety under the exemptions provided by section 36(2)(c) – otherwise prejudice the conduct of public affairs, and s40(2) – third…

The complainant requested from Cambridgeshire County Council (the Council) information regarding details of Blue Badge appeals. The Council refused the request under the exemptions provided by sections 40(2) (personal information) and section 41(1) (information provided in confidence) of the FOIA. The Commissioner’s decision is that the Council correctly withheld some of the requested information under…

The complainant has requested a copy of a signed transfer agreement for the transfer of ownership of a war memorial between Killamarsh Parish Council (“the Council”) and the Royal British Legion. The Commissioner’s decision is that the Council failed to respond to the request within 20 working days and has therefore breached section 1(1)(a), section…

The complainant has requested information with regards to the maintenance of a particular tree. City of Wolverhampton Council (the council) stated that no information was held and refused the request under regulation 12(4)(a) of the EIR – Information not held. The complainant is of the view that the council does hold records which would show…

The complainant has requested the names of employees in the post of Deputy Director for Disability Assessments and copies of any emails sent or received by this post holder which cite a named study. The Department for Work and Pensions (DWP) has provided the names of the post-holders and confirmed that it does not hold…

Summary wording for website: The complainant requested the number of surgeons, whose main residence is outside the EU, used by Oxford University Hospitals NHS Foundation Trust (the Trust) to perform operations at the Horton General Hospital over the financial year 2016/17, and up to 5 October 2017. The Trust confirmed that it held the requested…

The complainant has requested information relating to wide-scale health changes in North West London. He requested the supplementary assurances that were provided by North West London Collaboration of Clinical Commissioning Groups (NWL CCGs) in response to a letter ‘Shaping a Healthier Future; Next Steps’ that was sent to them by NHS England, dated 7 November…

The complainant has requested information regarding the procurement of a developer to rejuvenate Lambeth Council’s Town Hall. It relied on regulation 12(5)(e) to withhold some requested information. The Commissioner’s decision is that Lambeth Council has not persuaded her that regulation 12(5)(e) allowed it to withhold requested information. Powered by WPeMatico

The complainant has requested from South Gloucestershire Council various information in connection with himself, Whale Wharf, his various companies and a number of planning applications. South Gloucestershire Council has disclosed some of the requested  information but withheld the rest under Sections 41 and 43(2) of the Freedom of Information Act 2000 (the FOIA) and Regulations…

The complainant has requested information relating to Consumer Dispute Resolution Limited (CDRL’s) application to Ofgem for provide Alternative Dispute Resolution (ADR) services for consumer complaints. The Commissioner’s decision is that Ofgem has correctly applied section 44(1)(a) of the FOIA to the withheld information. The Commissioner does not require Ofgem to take any steps as a…

The complainant has requested information relating to the serving of an Abatement Notice.  Adur and Worthing Councils initially handled the request under the FOIA, disclosing some information and withholding other information under exemptions.  Following the Commissioner’s involvement the public authority reconsidered the request under the EIR, disclosing further information and withholding other information under the…

The complainant has requested information associated with reconsideration hearings.  Transport for London (TfL) refused to comply with the request which it categorised as vexatious under section 14(1) of the FOIA.  TfL has subsequently confirmed that, notwithstanding its reliance on section 14(1), it considers the requested information is exempt from release under section 31(2)(c) (law enforcement)…

The complainant has requested statistics about “hate speech” from Staffordshire Police (“SP”). SP has advised that to comply with the request would exceed the cost limit at section 12(1) of the FOIA. The Commissioner’s decision is that section 12(1) is properly cited and that appropriate section 16(1) advice and assistance has been provided. No steps…

The complainant requested information from NHS Nene Clinical Commissioning Group (“the CCG”) about names and job/role title of all the CCG staff. As a response has been issued, the Commissioner does not require the CCG to take any further steps. Powered by WPeMatico

The complainant submitted a request to the Department for International Development (DFID) for information about work commissioned by the then Secretary of State, Priti Patel, about a humanitarian and development partnership between Israel and the UK. DFID confirmed that it held information falling within the scope of the request but sought to withhold it on…

The complainant has requested information in relation to the number of complaints made by members of the House of Commons staff about the behaviour of the Speaker of the House of Commons, John Bercow, within a specified period. Relying on sections 40(5B)(a)(i) and 41(2) FOIA, the public authority neither confirmed nor denied holding the requested…

The complainant requested information from NHS England about travel expenses incurred in the financial year 2017/2018 including how many trips were paid for, total cost of trips, most expensive trip, specifically what class of travel and destinations/departure points. The Commissioner’s decision is that NHS England has breached section 10 (1) of the FOIA in that…

The complainant has requested reports related to a planning application related to Highthorn Surface Mine. The Ministry of Housing, Communities and Local Government (“MHCLG”). MHCLG disclosed some information but withheld the remainder citing regulation 12(3) (by virtue of regulation 13) and regulation 12(4)(e) as its basis for doing so. It upheld this at internal review.…

The complainant has requested information relating to an investment by Trinity College into a redevelopment project by Quantum Group. The complainant asked for updates to the College by the Quantum Group and minutes of investment meetings. The College disclosed some information but made redactions on the basis of section 41, 43 and 36 of the…

The complainant has requested information from Royal Museums Greenwich (“the Museum”), an organisation which comprises the National Maritime Museum, the Cutty Sark, the Royal Observatory and The Queen’s House, about individuals who have been banned from the Museum’s membership scheme and banned from its grounds and premises. The Commissioner’s decision is that the Museum correctly…

The complainant has requested the emails received by a named inbox which relate to whistleblowing. The Department for Work and Pensions (DWP) is relying on the exemption at section 36(2)(c) to withhold the information. The Commissioner’s decision is that DWP is entitled to rely on section 36(2)(c) to withhold the requested information and that, in…

The complainant has submitted a number of requests for information to Lancaster City Council, which relate to the Council’s compulsory purchase of land at Luneside East, Lancaster. The Council has provided the complainant with some information which is relevant to some parts of his requests, however, it now relies on section 14(1) of the FOIA…

The complainant has requested information about the sale of Blackpool Airport and adjacent land.  The Council considered the request under the EIR, answering one question but refusing the remainder under various regulations.  Upon completion of the review, the Council released some information.  By the end of the Commissioner’s investigation the Council was still relying on…

The complainant has requested information on the steps involved with the process of validation to assess the strength and credibility of any nomination for honours or awards. The Cabinet Office disclosed some of the information held within the scope of the request and withheld the remainder relying on the exemptions at sections 37(1)(b) and 31(1)(g)…

The complainant has requested information relating to the closure of ‘Woodlands Academy’. The Commissioner’s decision is that Department for Education (DfE) correctly applied sections 36(2), 43(2) and 40(2) at the time of the request. As the DfE disclosed all the requested information aside from third party personal data, at a later date the Commissioner does…

The complainant submitted two requests to Leeds City Council (the Council) seeking information copies of emails sent to, or received by, the Council’s Chief Executive and the Leader of the Council about the issue of devolution in Yorkshire. The Council initially disclosed some information to the complainant but sought to further information on the basis…

The complainant requested information about broadband availability for specific postcodes. The Welsh Government disclosed the information requested, however, the Complainant considered more was held. During the course of the Commissioner’s investigation the Welsh Government disclosed some additional information. The Commissioner’s decision is that, on the balance of probabilities, the Welsh Government does not hold any…

The complainant requested information from Rotherham Metropolitan Borough Council (“the Council”) relating to briefing notes prepared for liaisons or quarterly meetings with local MPs. The Council withheld the information under section 36(2) of the FOIA because it considered that disclosure would prejudice the effective conduct of public affairs. The Commissioner’s decision is that the exemption…

The complainant submitted a request to the Foreign and Commonwealth Office (FCO) for information related to the Secretary of State’s decision not to block Bermuda’s Domestic Partnership Bill. The FCO withheld the information falling within the scope of the request on the basis of sections 27(1)(a) and 27(2) (international relations); 35(1)(a) (formulation and development of…

In a two part request, the complainant has requested information about loans and interest rates associated with the Mersey Tunnels.  Merseytravel has confirmed that it does not hold information related to part 1 of the request and has released some information related to part 2.  The complainant disputes that Merseytravel has released to him all…

The complainant requested information relating to an alleged incident involving a named individual. Kent Police provided links to some relevant information. It refused to confirm or deny holding the information requested at parts 1, 2 and 6 of the request, citing sections 30(3) (investigations and proceedings), 40(5) (personal information) and 24(2) (national security). The Commissioner’s…

The complainant has requested copies of various documents relating to administration and management. The Commissioner’s decision is that Borden Grammar School was entitled to rely on Section 14 of the FOIA (Vexatious) to refuse the request. However, it failed to issue an adequate refusal notice and has thus breached Section 17 of the FOIA. The…

The complainant has requested information in relation to abuse of process. Northumbria Police explained that it did not hold the requested information. The Commissioner’s decision is that Northumbria Police was correct to state that it does not hold the requested information. However, the Commissioner considers that Northumbria Police has breached section 10(1) (Time for compliance)…

The complainant requested a copy of all the responses received in relation to the Government’s consultation exercise on possible options for reporting and acting on child abuse and neglect. The Home Office withheld the requested information, citing section 35(1)(a) (the formulation or development of government policy) of FOIA. The Commissioner’s decision is that section 35(1)(a)…

The complainant has requested information about mobile phone extraction from Hampshire Constabulary (“HC”). HC advised her that it considered the request to be vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that the request is not vexatious and she requires HC to either disclose the requested information or issue a fresh response,…

The complainant has requested information about mobile phone extraction from Thames Valley Police (“TVP”). TVP advised her that it considered the request to be vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that the request is not vexatious and she requires TVP to either disclose the requested information or issue a fresh…

The complainant has requested from Breckland Council information in relation to a planning application consisting of all and any correspondence between the applicant and the Council. The Council responded to the complainant stating that it did not hold information within the scope of the request. The Commissioner’s decision is that the Council has breached Regulation…

The complainant has requested information from the Youth Justice Agency (“YJA”) regarding a contract for the provision of communication services and also regarding active grievances within JJC (Juvenile Justice Centres).  The YJA disclosed some information to the complainant in relation to the contract, however it withheld some information, citing section 43(2) of the FOIA as…

The complainant has requested information considered at a council meeting regarding the disposal of a piece of council-owned land for development. Solihull Metropolitan Borough Council (SMBC) disclosed most of the information falling within scope of the request, apart from a small amount of financial information, which it said was exempt from disclosure under regulation 12(5)(e)…

The complainant requested from Middlesbrough Council information consisting of emails sent to and from a specific Council officer in relation to Middlesbrough Bus Station. The Council disclosed some information and decided to withhold the remainder. The complainant, however, is unhappy that the Council did not provide the information within the time period stipulated in Regulation…

The complainant has requested copies of specific emails sent in 2012. The Department for Work and Pensions (DWP) is relying on section 12(2) of the Act to refuse to comply with the request. The Commissioner’s decision is that DWP is entitled to refuse to comply with the request, and the duty to confirm or deny…

The complainant has requested information relating to the organisational structure of the Parliamentary and Health Service Ombudsman (PHSO) between April 2017 and August 2017.  The Commissioner’s decision is that, on the balance of probabilities, the PHSO does hold information falling within the scope of the request. The Commissioner requires the PHSO to disclose all charts…

The complainant has requested from Norfolk County Council (the Council) information regarding incomplete CIPP streets under the current Street Lighting Private Finance Initiative (PFI) Contract. The Commissioner’s decision is that the information relates to material still in the course of completion. The regulation 12(4)(d) exception is engaged and the public interest favours withholding the information.…

The complainant has requested information from the DVA relating to Approved Driving Instructors having been removed from the register of Approved Driving Instructors for criminal convictions.  The DVA disclosed some of the requested information to the complainant, however it refused to disclose the remainder, citing section 40(2) of the FOIA as a basis for non-disclosure. …

The complainant has requested information from North West Ambulance Service NHS Trust (‘NWAS’) on particular payments, NWAS’s policy on gifts and particular dates and times.  NWAS said it did not hold some information, confirmed that it had made one payment and confirmed that it had previously provided the complainant with its policy on gifts. The…

The complainant requested various items of information in respect of the routing of the T3 TrawsCymru bus service in Wales. The Welsh Government initially provided some limited information, withheld a small amount under section 40(2) and did not respond to all items of the request as it considered some were not valid requests for information…

The complainant has requested from Bassetlaw District Council information regarding the intention of British Telecom (BT) to remove a number of payphone booths from villages within the Bassetlaw area. The Council provided the complainant with copies of two letters sent to the Council by BT. However, the complainant was of the opinion that the Council…

The complainant has submitted two requests for recorded information from Wigan Metropolitan Borough Council. The information the complainant seeks relates to a police investigation of a complaint about a dummy CCTV camera at a specified address. Having first refused the complainant’s requests in reliance on section 14(1) of the FOIA, on review, the Council determined…

The complainant requested information from Kirby Muxloe Parish Council in relation to a councillors’ audit report. The Commissioner’s decision is that the Council has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the…

Summary wording for website: The complainant has requested information about the Safeguarding Investigation Unit. The Commissioner’s decision is that Sussex Police has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires Sussex Police to…

The complainant has requested information relating to the proportion of the budget for the Financial Conduct Authority’s (FCA) Payment Protection Insurance (PPI) awareness advertising campaign that went towards paying for the right to use a named celebrity’s image in that campaign. The FCA applied sections 40(2) (third party personal data) and 43(2) (commercial interests) of…

The complainant has requested information about research projects funded by named organisations in the Department of Aerospace Engineering (AERO) at the University of Bristol (the university) from1 January 2015 to the date of his request on 6 November 2017. The Commissioner’s decision is that the university is entitled to rely on section 12(1). However, she…

The complainant has requested information regarding the Department for Work and Pensions’ expenditure defending its employees in legal actions. DWP initially informed the complainant that it did not hold the requested information, however, it subsequently amended its position and relied on section 12 of the Act as identifying and collating the information would exceed the…

The complainant submitted a request to the Foreign and Commonwealth Office (FCO) seeking communications between the FCO in London and the British embassy in Washington concerning General Michael Flynn. The FCO provided the complainant with some information falling within the scope of his request but sought to withhold further information on the basis of sections…

The complainant has requested some information from Cambridgeshire County Council (“the Council”) regarding the number of outstanding invoices from different local and non-local suppliers. The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner requires the…

The complainant has requested various items of legal advice provided to the Vale of Glamorgan’s Planning Department in respect of a dangerous structure at the border of his garden. The Vale of Glamorgan Council refused the request in reliance on regulation 12(5)(b) of the EIR. The Commissioner’s decision is that the Vale of Glamorgan Council…

The complainant requested information about a specific planning enforcement case. The Council withheld the information requested under regulation 12(5)(b) of the EIR. During the course of the Commissioner’s investigation, as a result of the passage of time, the Council disclosed the information it originally withheld. The Commissioner’s decision is that the Council breached regulation 5(2)…

The complainant requested information regarding planning compliance with National Grid defined safety protocols. Carmarthenshire County Council (‘the Council’) provided some information and applied regulation 6 of the EIR to one part of the request. During the course of the Commissioner’s investigation the Council disclosed some additional information relating to the request. The Commissioner’s decision is…

The complainant requested information from Brighton and Hove City Council (“the Council”) relating to the development of a site at the former St Aubyn’s School, Rottingdean. The Council provided some of the information that was requested to the complainant, but withheld some viability reports and associated information under the exceptions at regulation 12(4)(d) – information…

The complainant has requested information from Westminster City Council in relation to the redevelopment proposal for Church Street Estate.  The two requests were processed under two separate reference numbers.  In respect of the first request Westminster City Council responded by providing the complainant with five documents and they refused the second request under section 14(2)(repeat…

The complainant has requested information relating to due diligence correspondence in respect of the Palestine Expo 2017: Generation Palestine event at the Queen Elizabeth II Conference Centre. The public authority refused to provide this citing section 36 (prejudice to the effective conduct of public affairs) and section 43 (prejudice to commercial interests) as its basis…

The complainant requested information about the re-positioning of a particular communications cabinet. The Council provided some information and stated other information was not held. The Council disclosed additional information at the time of the internal review and during the Commissioner’s investigation The Commissioner’s decision is that, on the balance of probabilities, the Council does not…

The complainant requested copies of specific emails and meeting notes. The Welsh Government provided some information and withheld other information under sections 35(1)(c), 40(2) and 42 of the FOIA. The Commissioner’s decision is that the Welsh Government has correctly applied section 35(1)(c) to the withheld information. She does not require any steps to be taken.…

The complainant has requested the materials provided to the Independent Parliamentary Standards Authority (IPSA) by the European Research Group (ERG) in relation to the 2015-2016 Assurance Review of Pooled Services (updated in June 2017) undertaken by IPSA. IPSA originally withheld the information under section 43(2) – prejudice to commercial interests. However during the internal review…

The complainant has requested information with regards to a complaint he had made. Oxfordshire County Council (the council) provided the information it held, but redacted the names of two council employees, due their names being third party personal data. The council initially relied on regulation 13 of the EIR to refuse the request, then later…

The complainant requested information held by Woking Borough Council (the council) that relates to the redevelopment of Victoria Square. The council refused to provide some information, citing the exception for commercial confidentiality (regulation 12(5)(e)) under the EIR. The Commissioner’s decision is that regulation 12(5)(e) has been correctly applied to only some of the information but…

The complainant has requested a number of reports submitted to Ofgem by Drax Power Limited (Drax), including annual Sustainability Audit Reports. Ofgem provided some of the requested information including redacted versions of three Annual Sustainability Audit Reports. The majority of the information redacted from these reports was withheld under the exception provided by regulation 12(5)(c)…

The complainant has requested information relating to Air Accidents Investigation Branch (AAIB) staff surveys. The Commissioner’s decision is that the exemption at section 36(2)(c) is not engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information. The public authority must take these steps…

The complainant requested copies of documents created as a result of a previous information request. The Commissioner’s decision is that the Foreign & Commonwealth Office has failed to complete its deliberations on the balance of the public interest within a reasonable time period and has therefore breached Section 17(3) of the FOIA. The Commissioner requires…

The complainants have requested information on the design, siting, access arrangements and management of a traveller site in their local area. The council disclosed information but the complainants argued that further information was held by the council. During the course of the Commissioner’s investigation further information was disclosed to the complainants (subject to redactions under…

The complainant requested information about a particular incident that occurred in Area 9 on the M40, which Highways England’s contractor, Kier Highways, attended. The Commissioner’s decision is that Highways England has correctly applied section 14(1) of the FOIA. However, Highways England breached section 10(1) by providing its refusal notice outside of the time for compliance.…

The complainant requested information about severance agreements. The Commissioner’s decision is that Birmingham City Council failed to issue its response within 20 working days and therefore breached Section 10 of the FOIA. As the information has now been provided, the Commissioner does not require the Council to take any further steps. Powered by WPeMatico

The complainant has requested information from the Royal Borough of Kensington and Chelsea (the Royal Borough). The Royal Borough has failed to respond to the request; therefore the Commissioner’s decision is that the Royal Borough has failed to comply with section 5(2) of the EIR. The Commissioner requires the Royal Borough to Issue a substantive…

The complainant requested from Essex County Council (the Council) information relating to highways work carried out at Brook Street, Colchester during 2016.The Commissioner’s decision is that the exception at regulation 12(4)(e) (internal communications) is engaged in this case. However, the balance of the public interest favours disclosure of the information. The Commissioner requires the Council…

The complainant has requested information relating to the decision not to extend a petroleum exploration licence granted to Xcite Energy Resources for Bentley Field and to subsequently grant a 4 year licence extension for the same field to Whalsay Energy Limited a company owned by the holders of the bonds in Xcite Energy Resources. The…

The complainant submitted a request to the Cabinet Office for a report generated as a result of a lessons learned exercise into the ‘Exemplar Programme’, a project concerning the transformation of digital services. The Cabinet Office located a PowerPoint presentation as falling within the scope of this request and initially withheld it on the basis…

The complainant requested information from South Northamptonshire Council (the Council) relating to planning application for a wind turbine and the court proceedings which resulted from that application. The Council provided some information within the scope of the request but refused to provide the remainder citing regulations 12(4)(e) (internal communications) and 12(5)(b) (the course of justice)…

The complainant has requested information on a review into the funding of Islamist extremism in the UK. The Commissioner’s decision is that the Cabinet Office has appropriately relied on section 23 FOIA (Information supplied by, or relating to, bodies dealing with security matters) to withhold the requested information. She however finds the public authority in…

The complainant has requested information relating to the so-called “Chennai Six”. The Foreign and Commonwealth Office (“FCO”) refused to provide it citing provisions of section 27 (prejudice to international relations) and section 40 (unfair disclosure of personal data) as its basis for doing to. It upheld this at internal review. The Commissioner’s decision is that…

The complainant has requested copies of project assurance review reports for 3 major government projects, namely, Tax-Free Childcare, Columbus (IT delivery project) and, Customs Declaration Service. The public authority withheld the requested information relying on the exemptions at section 36(2)(b) and section 36(2)(c) FOIA. The Commissioner concluded that public authority was entitled to rely on…

The complainant has requested from Hampshire County Council information consisting of emails, minutes, internal memos, reports and maps which make reference to “Ranvilles Lane” . The Council considered that responding to the request would place a substantial and unreasonable burden on its resources and therefore refused the request as manifestly unreasonable, citing Regulation 12(4)(b) of…

The complainant requested from Liverpool City Council (the Council) information regarding the proposed closure of Dale Street and Old Haymarket car parks. The Commissioner’s decision is that the Council has correctly cited section 43(2) (commercial interests) of the FOIA as the balance of the public interest favours maintaining the exemption. Therefore, the Commissioner does not…

The complainant has requested information on the file PREM 19/2368 NIGERIA regarding the attempted abduction of former Minister Umani Dikko. The Commissioner’s decision is that the Cabinet Office has appropriately withheld some of the requested information in reliance of section 23(1) and 27(1)(a)(c) & (d) FOIA. The Commissioner does not require the public authority to…

The complainant has requested information regarding the disclosure of an unredacted diplomatic cable. The Commissioner’s decision is that the Department for International Trade (‘DIT’) appropriately relied on section 36(2) – Prejudice to effective conduct of public affairs – to withhold the information in the scope of the request. The Commissioner does not require the public…

the Prime Minister’s visit to the US in January 2017 shortly following the inauguration of President Trump. Relying on sections 27(4) and 36(3) FOIA, the public authority neither confirmed nor denied holding the requested information. The Commissioner concluded that the public authority was not entitled to rely on sections 27(4) and 36(3) FOIA. The Commissioner…

The complainant submitted a request to the Foreign and Commonwealth Office (FCO) seeking communications between  the FCO  in London and the British embassy in Washington which contained the keywords ‘Twitter’, ‘tweets’, or ‘Britain First’ and were sent between 29th November 2017 and 13th December 2017. The FCO provided the complainant with some information falling within…

The complainant made a freedom of information request to NHS England for the minutes of a meeting concerning his deceased partner’s treatment and other related matters. He received no response. When contacted by the Commissioner to ask why there had been no response, the public authority initially informed her that it had not received the…

The complainant has requested information about the decision by Lancashire County Council to withhold reimbursement payments to a bus company. The Council responded that all held information had been previously disclosed in 2012, and that some outstanding information was withheld under section 41. The Commissioner’s decision is that the Council has failed to fully consider…

The complainant has requested a copy of an information notice. The ICO provided the complainant with a redacted copy of the information he had requested. The redactions were made under section 31(1)(g) with subsection (2)(a) and (c) and 40(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the ICO has…

The complainant has requested information about any complaints made against a named officer employed by Hampshire County Council. The Council refused to comply with the request, and stated that it relied upon section 40(2) to do so. The Commissioner’s decision is that the exemption provided by section 40(5)(b)(i) is engaged, as the confirmation or denial…

The complainant has requested information held by the Cabinet Office relating to the Care Quality Commission between specified dates. The Cabinet Office originally refused the request under section 12 (cost limit), but during the course of the Commissioner’s investigation sought to rely on section 14 (vexatious request) instead. The Cabinet Office claimed that section 14…

The complainant has requested information relating to the background checks undertaken for the former Chief Executive of the Education Fellowship Trust and correspondence and communication between the DfE, the Education Skills Funding Agency (ESFA) and the regional commissioners between January and the end of March 2017 with regard to any discussions or proposals that deal…

The complainant has requested information regarding the redevelopment of Basingstoke Leisure Park. Basingstoke and Deane Borough Council withheld information on the basis of regulation 12(5)(e) – commercial confidentiality and regulation 12(4)(b) – manifestly unreasonable on the grounds of cost. The Commissioner’s decision is that Basingstoke and Deane Borough Council has correctly applied regulation 12(5)(e), 12(4)(b),…

The complainant requested information from East Lindsey District Council (the Council) regarding rents charged for the Council’s kiosks/retail units at Grand Parade Entrance to Tower Gardens, Skegness. The Commissioner’s decision is that the Council has correctly engaged section 43(2) (commercial interests) as the balance of the public interest favours maintaining the exemption. Therefore, the Commissioner…

The complainant has requested information concerning ambulance journeys taken by the complainant and her mother and a particular report concerning the complainant’s mother.  West Midlands Ambulance Service NHS Foundation Trust (‘WMAS’) withheld the requested information under section 40(2) of the FOIA as it considered it to be the personal data of third persons. The Commissioner’s…

The complainant has requested a copy of the process which the Parish Council uses to conduct internal reviews of information requests. The Commissioner’s decision is that Potto Parish Council’s response did not amount to discharging its duty under Section 1 of the FOIA and it therefore breached Section 1 of the FOIA. As the Commissioner…

The complainant has requested information from the Cabinet Office regarding the Iraq Inquiry. The Cabinet Office stated that it does not hold any further information to that previously provided to the complainant. In addition it subsequently relied on section 21 (information reasonably accessible to the applicant) since it had provided the complainant with the relevant…

The complainant has requested pre-planning application information relating to a specific planning application. The Commissioner’s decision is that the London Borough of Croydon (“the London Borough”) has now disclosed all the information within the scope of the request. However she also finds that the London Borough failed to issue an adequate refusal notice and therefore…

The complainant requested information from Waverley Borough Council (“the Council”) relating to the Waverley Borough Council Local Plan. Specifically, he wished to be provided with correspondence between the Planning Inspectorate and the Council between particular dates. The Council disclosed some of the correspondence during the course of the Commissioner’s investigation. The Commissioner’s decision is that…

The complainant requested information about reviews and assessments carried out on systems within South Wales Police’s Data Protection Department.  Following clarification of the request South Wales Police stated that it did not hold any information. The Commissioner’s decision is that, on the balance of probabilities, South Wales Police does not hold any recorded information relevant…

The complainant has requested information in relation to a property transaction between the public authority and Elim Pentecostal Church. The public authority revealed that it had published most of the information in scope save a small amount of financial information in connection to the value of the properties. It considered this information exempt on the…

The complainant has requested information about application for readerships at Edge Hill University over the last six years. The University disclosed some information to the complainant but considered it could not comply with the remaining parts of the request – information on research funding, research-based articles and supervision – without exceeding the appropriate cost limit…

The complainant has requested information relating to a review of waiting list times at the Trust. The Commissioner’s decision is that North Lincolnshire and Goole NHS Trust (the Trust) has correctly applied section 36(2)(c) – prejudice to the effective conduct of public affairs, but that the public interest favours disclosure. She further finds that section…

The complainant has requested information relating to the questions set for the driving theory test. The Commissioner’s decision is that Driving and Vehicle Standards Agency (DVSA) has correctly cited section 14(1) of the FOIA in response to the request. The Commissioner does not require the public authority to take any steps as a result of…

The complainant has requested information relating to inspections and assessments of veterinary premises. The Commissioner’s decision is that Veterinary Medicines Directorate (VMD) has not applied section 31 correctly. The Commissioner requires VMD to provide the complainant with a copy of the inspection report for the closed practice. VMD must take these steps within 35 calendar…

The complainant has requested a copy of legal advice which the council holds relating to Warwick Racecourse. The council provided a redacted copy of the advice to the complainant however the majority of the advice was redacted on the basis that the exception in Regulation 12(5)(b) applied. The Commissioner’s decision is that the council was…

The complainant has requested from Newcastle City Council information in relation to penalty charge notices (PCNs) issued for vehicles in John Dobson Street. The Council provided the complainant with some information. For the remainder the Council applied section 12(1) of the FOIA on the basis that it had estimated that responding to the request would…

The complainant has requested patient level data associated with the PACE trial. The position of King’s College London (KCL) is that it does not hold the requested information. The Commissioner’s decision is as follows: Under section 1(1)(a) of the FOIA KCL cannot be said to hold the information the complainant has requested. The Commissioner does…

The complainant has requested information transferred to the Public Records Office of Northern Ireland (PRONI), part of the Department for Communities. The Commissioner’s decision is that the FOIA does not provide for a public authority to deal with requests for transferred public records in the absence of the appropriate Northern Ireland Minister. This means that…

The complainant has requested all information Ofsted holds in relation to a particular school in Surrey between specified dates. The complainant asked for this to include (but not be limited by) all emails sent or received, all complaints and all child safety issues raised. Initially Ofsted refused to confirm or deny whether it holds the…

The complainant has requested the patient access schemes/ commercial access agreements for two specified drugs. NHS England withheld the requested information under section 43(2) FOIA. The Commissioner considers that NHS England has correctly applied section 43(2) FOIA to the withheld information. The Commissioner requires no steps to be taken. Powered by WPeMatico

The complainant has requested information transferred to the Public Records Office of Northern Ireland (PRONI), part of the Department for Communities. The Commissioner’s decision is that the FOIA does not provide for a public authority to deal with requests for transferred public records in the absence of the appropriate Northern Ireland Minister. This means that…

The complainant has requested information transferred to the Public Records Office of Northern Ireland (PRONI), part of the Department for Communities. The Commissioner’s decision is that the FOIA does not provide for a public authority to deal with requests for transferred public records in the absence of the appropriate Northern Ireland Minister. This means that…

The complainant has requested the name and job title of the most senior member of staff present at the meeting where the decision was made to appoint a temporary operator at the St Leonards on Sea Post Office. The Commissioner’s decision is that Post Office Limited (Post Office) has incorrectly applied section 40(2) of the…

The complainant has requested all information held by the DVLA on a specific named individual. The DVLA refused to confirm or deny if information was held by virtue of section 41(2) of the FOIA. The Commissioner’s decision is that the DVLA has correctly applied the exclusion from the duty to confirm or deny if information…

The complainant requested information relating to the proposed development of a Garden Community. Tendring District Council (the Council) provided some information but withheld the remainder citing regulations 12(5)(b) (the course of justice), 12(5)(e) (the confidentiality of commercial information), 12(4)(d) (unfinished documents) and 13 (personal information) of the EIR. The Commissioner has investigated its application of…

The complainant requested information about a pay review. The BBC disclosed some information and withheld some information under sections 36(2)(b)(i) and (ii) and 36(2)(c) – prejudice to the conduct of public affairs and section 40 – personal data. The Commissioner is satisfied that sections 36(2)(c) and 40 are engaged in respect of all the information…

The complainant requested information about the number of times a specific councillor had objected to particular types of planning applications in a specific manner during a specified time period. The Commissioner’s decision is that the Royal Borough of Kingston upon Thames failed to respond to the request within 20 working days and has therefore breached…

The complainant has requested information relating to various council job roles relating to refuse collection within the council. The council refused the information on the basis that section 36(2) of the Act applied. The Commissioner’s decision is that the council was not correct to withhold the information under section the exemption in section 36(2)(c). The…

The complainant has requested information relating to ‘person under train’ incidents. The Commissioner’s decision is that Transport for London (TfL) was incorrect to cite section 38 to withhold the requested information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information. The public authority…

The complainant has requested information from the London Borough of Barnet Council (the council) about alterations to a particular box junction. The council has disclosed some of the requested information and has stated that it holds no further information falling within the scope of the request. The Commissioner’s decision is that not all of the…

The complainant has requested information relating to pest control activity at a particular property. The Commissioner’s decision is that the London Borough of Tower Hamlets (“LBTH”) is entitled to refuse to confirm or deny whether it holds that information and can rely on regulation 13 (unfair disclosure of personal data) of the EIR as its…

The complainant’s request concerns the ‘Streets Ahead’ contract Sheffield City Council (‘the Council’) has with Amey.  He has requested unredacted versions of all those schedules that had not been published at the time of his request, and for the release of the information that the Council had redacted from those schedules it had published at…

The complainant made a request to Salford City Council (the Council) for information relating Stama Development (Salford) Limited and the development of the land at Crescent Police Station, Salford. The Council refused to comply with the request under regulation 12(4)(b) EIR as it considers the request to be manifestly unreasonable and in the alternative it considers…

The complainant has requested information from the Electoral Office for Northern Ireland (“EONI”) regarding the Electoral Authorities Act 1989.  The EONI stated that it does not hold any recorded information within the scope of the complainant’s request. The Commissioner’s decision is that on the balance of probabilities, the EONI does not hold any additional information…

The complainant has requested information relating to a viability report and associated documents for a site in Hastings. The council refused the request on the basis that Regulation 12(5)(e) of the EIR applies (commercial confidentiality). The Commissioner’s decision is that the council was correct to apply the exception to some of the information, however it…

The complainant has requested information about the siting of telecommunications equipment on Forsythia House. Following the Commissioner’s involvement Lewisham Borough Council (‘the Council’) released some information and its position, which the complainant disputes, is that it holds no further relevant information. The Commissioner’s decision is that, on the balance of probabilities, it is likely that…

The complainant requested information relating to a company analysis of responses to a consultation on the Gender Identity Services. NHS England (NHSE) cited section 22 (intended for future publication) of FOIA to refuse the request. The Commissioner’s decision is that NHSE correctly applied section 22(1) of the FOIA in its response to the request. The…

The complainant asked the public authority to confirm whether there were any agreements to support any rebel group prior to the overthrow of the Charles Taylor led Liberian government and for a copy of any document setting out the terms of such support. Relying on sections 27(4), 23(5) and 24(2) FOIA, the public authority neither…

The complainant has requested information with regards to an Inn and its directors, one of whom is the complainant. Minting and Gautby Parish Council (the council) provided information to the complainant, however the complainant considered more was held. The Commissioner’s decision is that the council has provided the information it holds within the scope of…

The complainant requested details of who recommended five individuals for honours. The Cabinet Office said that it only held information relating to one individual, and refused to disclose that information under section 37(1)(b) (the conferring by the Crown of an honour or dignity). The Commissioner’s decision is that the Cabinet Office does not hold information…

The complainant has requested various information regarding “compliance interviews” from the Department for Work and Pensions. It relied on section 12 (costs) to withhold requested information, the Commissioner’s decision is that it was correct to do so. Powered by WPeMatico

The complainant has requested information about Employment and Support Allowance First Tier Tribunal appeals. The DWP relied on sections 22 (future publication) and 12 (costs) not to provide the requested information. The Commissioner’s decision is that DWP reliance on the said sections was correct. Powered by WPeMatico

The complainant has requested information from Lewisham Council about housing benefit claims. Lewisham Council disclosed some information within the scope of the request and for the remainder has relied on section 12 FOIA – costs of compliance exceeds the appropriate limit. The Commissioner’s decision is that Lewisham Council is entitled to rely on section 12in…

The complainant has requested information with regards to the Bianca Statue outside the Theatre Royal, Plymouth. Plymouth City Council (the council) provided the information it held. The Complainant considered that the council had not provided everything requested. The Commissioner’s decision is that the council has provided all the information it holds relevant to the request.…

The complainant has requested information regarding Jobcentre managers visiting 10 Downing Street. The Department for Work and Pensions (DWP) initially informed the complainant that it did not hold the information, however, it subsequently relied on section 12 of the Act as collating the information would exceed the appropriate limit. The Commissioner’s decision is that DWP…

The complainant has requested information relating to the development of a draft Neighbourhood District Plan (NDP) by Steyning, Wiston, Ashurst and Bramber Parish Councils (SWAB), a cluster of four parish councils which worked together to produce the plan. The cluster eventually broke up with the NDP partially completed. The complainant asked the council for information…

The complainant requested details of an audit reported to the Public Sector Network. The Commissioner’s decision is that Wellingborough Borough Council (“the Council”) failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act. As a response has now been provided the Commissioner does…

The complainant has requested a copy of assessments that the Cabinet Office has created of UK journalists. The Commissioner’s decision is that the Cabinet Office does not hold the requested information. The Commissioner does not require the Cabinet Office to take any further steps. Powered by WPeMatico

The complainant has requested information relating to the council’s agreement with Urbaser Balfour Beatty, (UBB) to develop and run an Energy from Waste plant (an EfW) in Gloucestershire. The council disclosed the majority of the requested information, however, it applied Regulation 12(5)(e) to sections of a report “value for money and affordability analysis” written by Ernst…

The complainant has requested information from Horsham District Council (HDC) relating to the production of a Neighbourhood Development Plan by a cluster of public authorities (SWAB). HDC disclosed dome information but said that it does not hold any further relevant information. The complainant disagrees and considers that more information must be held. The Commissioner’s decision…

The complainant has requested information regarding the socioeconomic and educational backgrounds of applicants to the Government’s Fast Track scheme. The Commissioner’s decision is that the Cabinet Office was entitled to redact part of the disclosed information under section 40(2) and is entitled to withhold some of the information under section 23 and 24 in the…

The complainant has requested information relating to a disciplinary hearing he believes took place following a complaint he made to the Council. The Council refused to provide the information citing the exemptions provided by section 40(2) – third party personal data and section 41 – information provided in confidence, as its basis for doing so.…

The complainant has requested recorded information which relates to the Panshanger Gold Course at Old Herns Lane, Welwyn Garden City. The information the complainant seeks concerns health and safety assessments made at the golf course, together with detailed information about the maintenance of the golf course. The Council has provided the complainant with some information…

The complainant requested information relating to female prisoners under the supervision of a specified member of staff at HMP Bronzefield. The Ministry of Justice (MoJ) requested the request on the basis that it was vexatious and cited section 14(1) of the FOIA. The Commissioner’s decision is that the MoJ correctly applied section 14(1) of the…

The complainant has requested information relating to Oxitec UK Limited.  Oxfordshire County Council refused the request, citing the exception for the course of justice (regulation 12(5)(b)) and commercial confidentiality (regulation 12(5)(e)).  The Commissioner’s decision is that Oxfordshire County Council failed to provide some of the requested information in time and breached regulation 5(2), and that…

The complainant has requested information relating to public registers of lists held by Folkestone Harbour Company (FHC). The Commissioner’s decision is that FHC does not hold the requested information. The Commissioner does not require the public authority to take any steps as a result of this decision notice. Powered by WPeMatico

The complainant has requested from the Conservators of Therfield Heath and Greens (‘the Conservators’) its full accounts or all information relating to its income and expenditure. The Commissioner has previously established that the Conservators are a public authority for the purposes of the EIR. Her decision in this case is that, if it were held,…

The complainant has requested information in relation to risk assessments conducted by different bus operators under the jurisdiction of Transport for London (TfL) for a specified period of time. TfL provided some information to the complainant, but stated that the remainder was not held. The Commissioner’s view is that the complainant’s request was not clear,…

The complainant has requested information about Winter Fuel Payments to recipients in France. The Commissioner’s decision is that the Department for Work and Pensions correctly relied on section 12 (cost limit) to refuse the request. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation. Powered by…

The complainant has requested internal communications relating to the council’s handling of his previous information requests. The council refused the request, withholding the information under the exceptions for disclosure of personal data, internal communications, and the adverse effect to the course of justice/the ability to conduct an inquiry of a criminal nature – regulations 13,…

The complainant has requested information relating to a number of transactions that took place in 2006 relating to the Compulsory Purchase Orders for the 2012 Olympics. The GLA disclosed the recorded information it holds and informed the complainant that it does not hold the remaining information. During the Commissioner’s investigation, further information was identified and…

The complainant made a freedom of information request to Redbridge London Borough Council (“the Council”) for details of its insurance premiums. The Council refused the request under the exemption in section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that the section 43(2) exemption is not engaged. Powered by WPeMatico

The complainant has requested information relating to the creation of a Food Hub near Norwich. Broadland District Council initial refused the request, citing the exemption for commercial interests – section 43(2) of the FOIA. Following the Commissioner’s involvement the public authority reconsidered the request under the EIR, disclosing some information and withholding other information under…

The complainant has alleged that the public authority has failed to respond to his information requests. The Council says it has provided all the relevant information it holds. The Commissioner’s decision is that the public authority does not hold any further information. The Commissioner does not require any steps to be taken. Powered by WPeMatico

The complainant has made two information requests in which he seeks various information about the handling of a planning complaint and associated information requests that he has made. Leeds City Council disclosed held information in response, but under the terms of the Data Protection Act 1998. The complainant subsequently contested that further information was held…

The complainant has requested information from the Department for Work and Pensions (“the DWP”) about which of its work experience schemes for people seeking employment were offered by a particular organisation. The Commissioner’s decision is that the DWP has correctly refused the request under section 12 of the FOIA as the time for compliance would…

The complainant requested information about various contracts that Kirby Muxloe Parish Council (“the Parish Council”) had entered into. The Commissioner’s decision is that the Parish Council failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act (“the FOIA”). The Commissioner requires the public…

The complainant requested information about trading licences issued for the Notting Hill Carnival. The Commissioner’s decision is that the Royal Borough of Kensington & Chelsea (“the Royal Borough”) failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act (“the FOIA”). The Commissioner requires…

The complainant has requested the number of complaints made against Frankie Boyle. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds…

The complainant requested information about a lease agreement with Holland Park School. The Commissioner’s decision is that the Royal Borough of Kensington & Chelsea failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act (“the FOIA”). The Commissioner requires the public authority to…

The complainant made a request for information on 17 January 2018. The Commissioner’s decision is that the London Borough of Hackney failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act (“the FOIA”). The Commissioner requires the public authority to take the following…

The complainant has requested information about the CCTV camera located in Manor Road. The London Borough of Richmond upon Thames (“LBRT”) provided an explanation about how the camera works. After internal review, it provided links to more information available online. The Commissioner’s decision is that LBRT does not hold any further information within the scope…

The complainant submitted a request to the Foreign and Commonwealth Office (FCO) for documents concerning the attempted bombing of an El Al flight that was to fly out from Heathrow Airport in April 1986. The FCO provided the complainant with some of the information but withheld the remainder on the basis of section 23(1) (security…

The complainant requested information relating to a named Judge, including the number of complaints made about him. The Ministry of Justice (MoJ) confirmed it held some information within the scope of the request but refused to provide it citing section 32(1) (court records) of the FOIA. It also refused to confirm or deny holding some…

The complainant has requested information from the Home Office about the number of flexible and permanent Border Force staff. The Commissioner’s decision is that the Home Office has breached section 10 (1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working…