GDPR articles

The complainant requested information about police collar numbers. West Yorkshire Police (‘WYP’) provided some of the requested information but refused to provide the remainder, citing section 40(2) of the FOIA, the exemption for personal information. The Commissioner’s decision is that WYP was correct to rely on section 40(2) to withhold the remaining information for the…

The complainant requested a copy of a central database of outstanding prison repair or maintenance work. The Ministry of Justice (the ‘MOJ’) initially refused to provide any of the requested information citing section 31(1)(f), the exemption for law enforcement, specifically the maintenance and security of good order in prisons. Following an internal review, the MOJ…

The complainant requested from the University of Winchester (“the University”) information relating to the purchase of a plot of land on Lommedal, Milnthorpe Lane, Winchester. The University withheld the information and applied regulations 12(4)(e) (internal communications and 12(5)(e) (commercial confidentiality) of the EIR. The Commissioner’s decision is that the University correctly applied regulations 12(4)(e) and…

The complainant has requested expense information relating to Carrie Symonds. The Cabinet Office denied holding any information within the scope of the request and upheld this at internal review. The Commissioner’s decision is that the Cabinet Office does not hold any information within the scope of the request. No steps are required. Powered by WPeMatico

The complainant requested information from the BBC about how much it had spent in defending an equal pay claim brought by the journalist Samira Ahmed. The BBC withheld the information, citing the exemption at section 43(2) of the FOIA: prejudicial to commercial interests. Belatedly, it stated that it also considered that part of the requested…

The complainant requested information relating to a meeting between the council and the Yorkshire Local Council’s Association (the YLCA). The council provided a copy of a report, however, the complainant requested the attachments that were submitted along with the report. The council did not respond to this until 26 January 2021. The Commissioner’s decision is…

The complainant has requested information from Birmingham Metropolitan College (“the College”) on payments made to external management and training companies within a specified time period. The College stated it could not comply with the request without exceeding the appropriate cost limit under section 12 of the FOIA. The Commissioner’s decision is that the College correctly…

The complainant requested information from the NHS Commissioning Board (NHS England) about NHS England patient mental health guidelines issued during the Covid-19 pandemic and related information. By the date of this notice the NHS England had failed to provide a substantive response to this request. The Commissioner’s decision is that NHS England has breached section…

The complainant has requested information associated with the HS2 high speed rail project. High Speed 2 Ltd (‘HS2 Ltd’) released some information and has advised it does not hold other information the complainant has requested. The complainant is not satisfied with HS2 Ltd’s response to two parts of his request. The Commissioner’s decision is as…

The complainant has requested the Department for Transport (DfT) to disclose the details of any meetings between ministers and/or senior officials and Carnival UK between 1 January and 1 March 2019. The DfT disclosed some information but withheld the remainder citing sections 35(1)(a), 35(1)(d) and 40 of the FOIA. The Commissioner’s decision is that the…

The complainant requested information from the NHS Commissioning Board (NHS England) about the postponing and cancelling of operations by NHS England during the Covid-19 pandemic. By the date of this notice the NHS England had failed to provide a substantive response to this request. The Commissioner’s decision is that NHS England has breached section 10(1)…

The complainant has requested information about death rates. The position of Barking, Havering and Redbridge University Hospitals NHS Trust (‘the Trust’) is that it does not hold the requested information. The Commissioner’s decision is as follows: On the balance of probabilities, the Trust does not hold the information the complainant has requested and has complied…

The complainant has requested communications between the ICO and NHS Improvement about a FOI complaint the ICO considered under reference FS50800552. The ICO released some information and withheld some under section 40(2) of the FOIA (personal data) and section 44(1)(prohibitions on disclosure). The Commissioner’s decision is as follows: The ICO is entitled to withhold some…

The complainant has requested information from West Suffolk Council (“the Council”) regarding meeting minutes and emails between Councillors, Councillors and staff members and submissions from the public in relation to the West Suffolk Parking Review Group. The Commissioner’s decision is that the Council has correctly relied upon section 40(2) of the FOIA to withhold the…

The complainant submitted a request to the London Borough of Waltham Forest (the Council) which included a number of questions mainly focused on water collection arrangements. The Council provided the complainant with information in response to her request. The complainant questioned whether the Council had provided her with all of the information falling within the…

The complainant has requested the Department for Digital, Media and Sport (DCMS) to disclose information relating to the government’s announcement on 16th October 2019 to not commence Part 3 of the Digital Economy Act 2017 (DEA). DCMS refused to disclose the requested information citing section 35(1)(a) of the FOIA. The Commissioner’s decision is that DCMS…

The complainant requested the addresses of two “orphaned” onshore oil and gas wellbores. The Environment Agency relied on Regulation 13(1) of the EIR to withhold the information. The Commissioner’s decision is that Regulation 13(1) of the EIR is not engaged in respect of this information. The Commissioner requires the EA to take the following steps…

The complainant submitted a request to the London Borough of Waltham Forest (the Council) seeking information about previous FOI requests made to it about Ascham Homes. The Council responded to the request by directing the complainant to the What Do Know website and explained that it did not hold any further information about the previous…

The complainant requested from the NHS Commissioning Board (“NHS England”) information relating to the role of Chief Dental Officer and the committees or bodies that advise the Office of the Chief Dental Officer. By the date of this notice NHS England had not provided a substantive response to this request. The Commissioner’s decision is that…

The complainant requested planning information from the London Borough of Southwark. The London Borough of Southwark failed to respond within 20 working days, as specified in the EIR. The Commissioner requires the London Borough of Southwark to provide the complainant with a response to this request in accordance with its obligations under the EIR within…

The complainant has requested various information in respect of a review of a number of care plans relating to the City and County of Swansea Council’s Social Services department. The City and County of Swansea Council stated that it held no written information falling within the scope of the request. The complainant was not satisfied…

The complainant has requested information relating to the relocation of a farm in Nunthorpe.  Middlesbrough Council disclosed some information and withheld other information under the exceptions for commercial confidentiality (regulation 12(5)(e)) and personal data (regulation 13(1)). The Commissioner’s decision is that Middlesbrough Council has correctly withheld the information in part 4 of the request under…

The complainant has requested information regarding safety inspections in relation to a specific road.  Birmingham City Council disclosed some information and withheld other information under the exception for the course of justice – regulation 12(5)(b) of the EIR.  The Commissioner’s decision is that Birmingham City Council has correctly withheld the information in part 1 of…

The complainant requested from Cambridgeshire Constabulary (the Constabulary) information in relation to a particular case. The Constabulary refused to confirm or deny holding the information requested relying on section 40(5A) of FOIA, stating that if the requested information was held, it would be the complainant’s own personal data. The Commissioner’s decision is that the Constabulary…

The complainant made two requests for information from the London Borough of Southwark (the Council). The first request was for information regarding Council funding of third party groups and the second was for correspondence and impact assessments relating to Low Traffic Neighbourhood schemes. The Council had failed to provide a substantive response to either request…

The complainant has requested information from Highways England about one of its contractors: Kier Highways Ltd.  Highways England has categorised the request as a vexatious request under section 14(1) of the FOIA and has refused to comply with it. The Commissioner’s decision is as follows: The complainant’s request is a vexatious request under section 14(1)…

The complainant requested information on Covid-19 recovery rates. The British Broadcasting Corporation (“the BBC”) explained that 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 the FOIA. The…

The complainant has requested from the Department for Education (DfE) information about whether Dominic Cummings had had any complaints made about him whilst working as a special adviser for Michael Gove at the DfE. The DfE refused to confirm or deny whether there had been any complaints as to do so would in itself breach…

The complainant requested from Northumberland County Council (“the Council”) information for the specific constituencies relating to the Electoral Commission. The Council considered that it does not hold this information for the purposes of the FOIA. The Commissioner’s decision is that the requested information is not held by the Council for the purposes of the FOIA,…

The complainant has requested information from Avon and Somerset Metropolitan Police (“the Police”) regarding crime reference numbers/incident numbers made by a missing person, in the year leading up to them going missing. The Commissioner’s decision is that the Police are entitled to rely on section 40(5) to refuse to confirm or deny that it holds…

The complainant requested information from HM Treasury about the national debt. The Commissioner’s decision is that HM Treasury failed to respond to the request within 20 working days and therefore breached section 10 of the FOIA. No further steps are required. Powered by WPeMatico

The complainant requested information relating to support for children during Covid-19 and for information relating to the senior leadership at the School. The School failed to respond to this request within the statutory time for compliance. The Commissioner considers that the School has breached section 10(1) FOIA in the handling of this request. The Commissioner requires…

The complainant has requested information from the Council regarding registration of social workers. The Council refused to disclose some of the requested information, citing section 40(2) of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that the Council has correctly applied section 40(2) of the FOIA to the requested information. The Commissioner…

The complainant requested information regarding the funding of pathology services. St George’s University Hospitals NHS Foundation Trust initially withheld all relevant information, but partially withdrew its reliance on the exemption and disclosed some information during the internal review process. The Commissioner’s decision is that the Trust did not comply with its duties under section 1…

The complainant has requested various communications relating to a planning enforcement matter. Elmbridge Borough Council disclosed some information and withheld the reminder under the exceptions provided by regulations 12(4)(e) and 12(5)(b) of the Environmental Information Regulations 2004. The Commissioner’s decision is that the Council is entitled to withhold the information under regulations 12(4)(e) and 12(5)(b).…

The complainant has requested the agendas, minutes and other information associated with specific meetings on particular dates. West Midlands Ambulance Service NHS Trust (‘the Trust’) provided some information and its position is that it does not hold any further information falling within scope of the request. The complainant disputes this. The Commissioner’s decision is as…

The complainant has requested information relating to the formulation and publication of the Data Protection Impact Assessment for the process by which GPs share Covid-19 data. NHS Digital withheld some information and relied on section 22 of the FOIA to do so. It refused the remainder of the request and relied on section 12 of…

The complainant has requested information relating to the abandonment of the procurement of services. NHS England has failed to provide a response to the request in accordance with the FOIA. The Commissioner’s decision is that NHS England has failed to respond to the complainant’s request of 28 July 2020 within 20 working days of receipt…

The complainant has requested from Sheffield City Council (SCC) information, in general terms, about the medical qualifications of staff working in its Adult Social Care Commissioning Team (ASCCT). SCC refused to comply with the request on the grounds that it engaged sections 14(1) (Vexatious requests) and 14(2) (Repeated requests) of the FOIA. The Commissioner’s decision…

The complainant has requested information on the underlying calculations to determine the cost, reported as £1 trillion, to achieve net zero carbon emissions by 2050. The Commissioner’s decision is that HM Treasury (“HMT”) has appropriately applied the exception at regulation 12(4)(e) as the request involves the disclosure of internal communications. However, the Commissioner finds that…

The complainant requested information from the Department of Health and Social Care (“DHSC”) relating to correspondence between the Health Minister, Lord Bethel, and Portland Communications. By the date of this notice the Council had not provided a substantive response to this request. The Commissioner’s decision is that the DHSC has failed to respond to the…

The complainant has requested information about eIDAS – that is, electronic identification and trust services.  The Financial Conduct Authority (‘the FCA’) has said it does not hold the requested information. The Commissioner’s decision is as follows: On the balance of probabilities, the FCA does not hold the specific information requested and has complied with section…

The complainant has requested information about a grant awarded to a named rural centre.  The Rural Payments Agency (‘RPA’) has refused to disclose the information under regulation 12(3) of the EIR as it considers it to be the personal data of third persons. The Commissioner’s decision is as follows: The requested information is the personal…

The complainant has requested information relating to a planning application.  Lewes District and Eastbourne Borough Council disclosed some information and withheld other information under the exception for the course of justice – regulation 12(5)(b).  The Commissioner’s decision is that Lewes District and Eastbourne Borough Council failed to disclose information within the statutory time limit and…

The complainant requested information from the Cabinet Office about ministerial meetings.  The Cabinet Office has failed to respond to this request. The Commissioner requires the Cabinet Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Cabinet Office must take these steps within 35 calendar days…

The complainant requested from the Medicines and Healthcare Products Regulatory Agency (“MHRA”) information in relation to two specific devices. The MHRA refused to comply with the complainant’s request citing section 44(1) (prohibition on disclosure) of the FOIA as its basis for this refusal. The Commissioner’s decision is that the MHRA has correctly applied section 44(1)…

The complainant has requested from Lewisham and Greenwich NHS Trust (the Trust) contracts with car parking management services providers.                         The Commissioner’s decision is that on the balance of probabilities the requested information is not held. The Commissioner does not require any steps to be taken as a result of this decision. Powered by WPeMatico

The complainant requested information from the Cabinet Office about a consultation.  The Cabinet Office has failed to respond to this request. The Commissioner requires the Cabinet Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Cabinet Office must take these steps within 35 calendar days…

The complainant requested from Nottinghamshire County Council (“the Council”) information relating to the closure of a footpath at South Nottinghamshire Academy. The Council withheld some of the information under section 42 (legal professional privilege) of the FOIA and partly disclosed information, but redacted some of it under sections 40 (personal data) and 41 (information provided…

The complainant has requested from The Royal Marsden NHS Foundation Trust (the Trust) the margin achieved in relation to income from private patients from 2015 to 2019. The Trust provided some information but refused to provide the information concerning profit margins, citing section 43(2) FOIA – commercial interests. The Commissioner’s decision is that section 43(2)…

The complainant requested information about the background and length of employment of a member of staff. The Financial Ombudsman Service (“the FOS”) withheld the information under the exemption provided for personal data by section 40(2) of the FOIA. The Commissioner’s decision is that the FOS correctly applied section 40(2). The Commissioner does not require the…

The complainant, on behalf of the Pubs Advisory Service, has requested particular correspondence about stocking requirements from the Pubs Code Adjudicator (‘the PCA’). The PCA withheld the information it holds under sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) of the FOIA (prejudice to effective conduct of public affairs), section 31(1)(g) and 31(2)(c) (law enforcement) and section 43(2)(commercial…

The complainant requested noise monitoring data in relation to the construction of a road near their property. Lancashire County Council initially stated that it did not hold the data requested however it subsequently changed the response to cite regulation 12(4)(b) to withhold the information. The Commissioner’s decision is that Lancashire County Council is entitled to…

The complainant requested information from Royal Berkshire NHS Foundation Trust (“the Trust”) relating to the Trust’s expenditure on automation and new technologies in pathology services since the Carter Report. The Commissioner’s decision is that the Trust failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.…

The complainant made two requests for information about a particular property and relationship with a contractor. The London Borough of Hackney allocated reference numbers to both requests, but had failed to respond to either request at the date of this notice. The Commissioner’s decision is that the London Borough failed to respond to either request…

The complainant has requested information relating to specific properties. Dorset Council disclosed some information and confirmed that further information was not held. The Commissioner’s decision is that Dorset Council failed to disclose information within the statutory time limit and breached section 10(1) but that it disclosed all the relevant information it holds and complied with…

The complainant requested information from the NHS Commissioning Board (NHS England) about information relating to cases eligible for NHS Continuing Health Care. The Commissioner’s decision is that NHS England 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…

The complainant has requested names and other details of persons charged with murder via postal charge requisitions from the Metropolitan Police Service (the “MPS”). The MPS refused to provide the information citing the exemptions at sections 30(1) (Criminal investigations, 38(1) (Health and safety) and 40(2) (Personal information) of the FOIA. The Commissioner’s decision is that…

The complainant requested information from the London Borough of Ealing (the Council) about the registrants of domain names used by the Council. By the date of this notice the Council had not provided a substantive response to this request. The Commissioner’s decision is that the Council failed to respond to the request within 20 working…

The complainant requested information from the Foreign, Commonwealth and Development Office (FCDO) concerning contracts between the FCDO and Torchlight Group Ltd. A substantive response to the request had not been issued by the date of this notice. The Commissioner’s decision is that the FCDO has failed to complete its deliberations on the balance of the…

The complainant requested information from Norfolk and Norwich University Hospitals NHS Foundation Trust (the Trust) about the job description and person specification for the role of Information Governance Consultant. The Trust had failed to provide a substantive response to this request by the date of this notice. The Commissioner’s decision is that Norfolk and Norwich…

The complainant submitted a request to the Foreign, Commonwealth and Development Office (FCDO) seeking information it held about the her father who died in a car accident in Pakistan in 1964 whilst working at as the Second Secretary at the High Commission in Lahore. The FCDO explained that it did not hold any information falling…

The complainant requested various follow on questions to his previous request in respect of the Robin Holden report. Betsi Cadwaladr University Health Board refused to respond to the request on the basis that it does not have to respond to questions if it would mean creating new information or giving an opinion or judgement that…

The complainant submitted a request to the Ministry of Defence (MOD) seeking information about the use of Reaper and Typhoon aircraft in Operation Shader and for the number of sorties, and location of them, that RAF Reaper aircraft had flown outside of Operation Shader. The MOD provided the complainant with information regarding Reaper and Typhoon…

The complainant submitted a request to the Ministry of Defence (MOD) seeking information about the visits to the Royal Air Force Air Cadets Squadron Gibraltar by personnel from its parent Norfolk and Suffolk Wing. The MOD refused to comply with the request on the basis of section 12(1) of FOIA because the estimated cost of…

The complainant has requested all correspondence between Ealing Council and Clarion Housing from June 2018 onwards. The Council disclosed some information, and withheld some on the basis that it was exempt from disclosure under regulation 12(5)(b) of the Environmental Information Regulations. The Commissioner’s decision is that Council has correctly applied regulation 12(5)(b). The Commissioner does…

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The complainant has requested information about a particular company. The Financial Conduct Authority provided some information, stated that it held no information in respect of one part of the request, withheld some information and refused to confirm or deny whether any further information was held. At various points the FCA relied on sections 31, 43…

The complainant requested information regarding policies on climate change programming. The British Broadcasting Corporation 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 the FOIA. The Commissioner…

The complainant has requested information within the contract for the former CEO of South Tees Hospitals NHS Foundation Trust (“the Trust”). The Trust provided some information but withheld the former CEO’s annual leave entitlement, citing section 40(2) of the FOIA for doing so. The Commissioner’s decision is that the Trust is not entitled to rely…

The complainant requested information from London South Bank University (“the university”) about the Confucius Institute for Traditional Chinese Medicine, which operates at the university. The university provided the complainant with the majority of the relevant written agreements, but redacted some information relating to funding under section 43(2) of the FOIA – prejudicial to commercial interests.…

The complainant requested from West Berkshire Council (“the Council”) various information relating to planning application 18/02975/FUL. The Council disclosed some information, but also withheld some information under regulation 12(4)(e) of the EIR (internal communications) and regulation 12(5)(d) of the EIR (confidentiality of proceedings). The Commissioner’s decision is that, on the balance of probabilities, the Council…

The complainant has made a request for information relating to the official address for Norfolk and Norwich University Hospital. Despite the intervention of the Commissioner, Norfolk and Norwich University Hospitals NHS Foundation Trust (the Trust) has not provided a response to the request in accordance with the FOIA. The Commissioner’s decision is that the Trust…

The complainant has requested information about penalty charge notices for late payment of the Dartford crossing charge. Highways England’s response indicated that it did not hold some of the requested information. It has subsequently confirmed that its primary position is that complying with parts of the request would exceed the appropriate cost and time limit…

The complainant has requested information about surveillance he alleges the Department for Work and Pensions carried out on him. The DWP confirmed that it held relevant information, but relied on section 40(1) of the FOIA to withhold it because the information would be his own personal data. The Commissioner’s decision is that any information that…

The complainant has requested information from the Northern Ireland Prison Service (NIPS) regarding prisoners who have attempted to smuggle drugs into prisons. The NIPS refused to disclose the requested information, citing section 31 of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that the NIPS has incorrectly applied section 31 of the…

The complainant requested information in relation to photos of farmed salmon and salmon farms from the Animal and Plant Health Agency (APHA), an executive agency sponsored by the Department for Environment, Food and Rural Affairs, the Scottish Government and the Welsh Government. APHA confirmed that it does not hold any photographs taken during inspections and…

The complainant has made a request for information relating to the decision to exclude partners from antenatal ultrasound scans. Despite the intervention of the Commissioner, United Lincolnshire Hospitals NHS Trust (the Trust) has not provided a response to the request in accordance with the FOIA. The Commissioner’s decision is that the Trust has failed to…

The complainant has requested information relating to the closed extract listed as “PREM 19/81/1” held by The National Archives (TNA). The withheld information consists of six sentences. TNA withheld two sentences under section 27 and withheld the remaining four sentences under section 40(2) and section 41(1) of the FOIA. The Commissioner’s decision is that TNA…

The complainant has requested Manchester University NHS Foundation Trust (the trust) to disclose information relating to the gynaecological procedures/operations carried out by a particular consultant. Initially the trust advised that the requested information was not held and some was exempt under section 40 of the FOIA. At the internal review stage it maintained this position…

The complainant has requested information in relation to allegations made against the Chief Executive of the ‘Welcome to Yorkshire’ organisation. The Department for Digital, Culture, Media and Sport (DCMS) refused to disclose the requested information, citing section 14(1) of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that the DCMS has incorrectly…

The complainant has requested information about a mental health programme from the National Police Chiefs’ Council (NPCC). The NPCC  disclosed some information, withheld some, citing section 43(2)(Commercial interests) of the FOIA, and advised that some information was not held. During the Commissioner’s investigation, the NPCC disclosed some information and also located further information, which it…

The complainant requested information from the Home Office relating to the creation of a video posted on the Home Office’s official Twitter account. By the date of this notice, the Home Office had not issued a substantive response to this request. The Commissioner’s decision is that the Home Office has failed to complete its deliberations…

The complainant requested information about mortgage possession claims and related details broken down by specified criteria in a five-part request. The Ministry of Justice (the ‘MOJ’) ultimately refused to provide the information for parts 1-4 of the request by virtue of section 44(1)(a) (prohibitions on disclosure) and said it did not hold the information requested…

The complainant requested information relating to Injury on Duty appeals. The Policing Board failed to respond to the request until the Commissioner intervened. Accordingly the Commissioner’s decision is that the Policing Board has failed to comply with section 10(1) of FOIA. Since the Policing Board has now issued a response the Commissioner does not require…

The complainant has requested information about the ‘Operation Julie’ investigation from The National Archives (TNA). TNA considered the first five of the 22 files covered by the request. It considers that this information is the personal data of third persons and is exempt information under section 40(2) of the FOIA. The Commissioner’s decision is as…

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The complainant requested a variety of information relating to annual accounts. Tintagel Parish Council provided some information but also refused the request as vexatious. The Commissioner’s decision is that the Parish Council has not demonstrated that the request was vexatious and is thus not entitled to rely on section 14(1) of the FOIA to refuse…

The complainant has requested information relating to noise complaints made against a supermarket. The Commissioner’s decision is that the Wyre Council (“the Council”) has failed to respond to the request within 20 working days and has therefore breached Regulation 5(2) of the Environmental Information Regulations (“the EIR”). As a response has now been provided to…

The complainant has requested information about a risk assessment at a site for a particular event from South Kesteven District Council (SKDC). SKDC provided some information but withheld the actual risk assessment citing section 38(1)(Health and safety) of the FOIA. The Commissioner’s decision is that section 38(1) is not engaged. She requires SKDC to disclose…

The complainant requested from Corby Borough Council (“the Council”) information relating to its Covid-19 grants paid to local companies. The Council provided information to a part of the request and withheld the remaining information under sections 31(1)(a) (prevention or detection of crime) and 40(2) (third party personal data) of the FOIA. The Commissioner’s decision is…

The complainant requested from Bolton Council (“the Council”) information relating to investigations carried out by the Council and the Environmental Health Department, concerning noise complaints made by residents at a specific address. The Council withheld the information under regulations 12(5)(b) (course of justice), 12(5)(f) (interests of information provider) and 13 (personal data) of the EIR.…

The complainant submitted a three part request for information regarding the BBC’s “Own It” app. The BBC provided information in response to one part of the request. It refused to comply with the remaining parts of the request as it considered that the requested information was covered by the derogation and was therefore outside the…

The complainant has requested from the Financial Conduct Authority (‘the FCA’) 1) particular policy documents and 2) correspondence received from Leighton Buzzard Narrow Gauge Society Limited. The FCA advised it does not hold information within the scope of part 1 of the request and that the information it holds that is relevant to part 2…

The complainant has requested information from the Driver and Vehicle Licensing Agency (DVLA) about sanction points accrued by private parking operators. DVLA’s position is that it does not hold the information the complainant has requested, which the complainant disputes. The Commissioner’s decision is as follows: On the balance of probabilities DVLA does not hold the…

The complainant requested a copy of two letters, plus any other information held by Hastings Borough Council (the council) which had been recorded under a specified reference number. The council refused the request under regulation 12(5)(b) of the EIR. During the Commissioner’s investigation, the council withdrew its reliance on regulation 12(5)(b), now stating that it…

The complainant submitted a request to the London Borough of Waltham Forest (the Council) seeking information about how it processed FOI requests. The Council responded to most parts of the request, however it failed to address one part of it. The complainant contacted the Commissioner to complain about the Council’s failure to address this part…

The complainant requested any evidence or data held by the Department of Health (DoH) to support public statements made by the Minister of Health in relation to potential mortality rates and the Covid19 pandemic. The Commissioner’s decision is that the DoH failed to respond to the request within 20 working days and has therefore breached…

The complainant has requested copies of correspondence sent by either Zara Tindall MBE, or her brother Peter Phillips, to the Secretary of State in respect of a particular individual and his business activities. Department for Digital, Culture, Media & Sport (DCMS) refused to confirm or deny holding any relevant information, as they considered that doing…

The complainant requested information relating to the 2005 volume of the MISC 13 series of Cabinet committee records. The Commissioner concluded that on the balance of probabilities, the public authority does not hold any information within the scope of the request. Powered by WPeMatico

The complainant has requested information from The National Archives (TNA) held in two closed files. TNA withheld the requested information citing section 37(1)(a) which relates to communication with or on behalf of the sovereign for the content of both files. Additionally TNA cited sections 40(2) and section 41 for one of the files. The Commissioner’s…

The complainant has requested information about an alleged incident from the Metropolitan Police Service (the “MPS”). The MPS would neither confirm nor deny (NCND) whether it held any information, citing the exemptions at sections 40(5B)(a)(i) (personal information), section 30(3) (investigations and proceedings) and section 31(3) (law enforcement) of the FOIA. The Commissioner’s decision is that…

In a series of requests, the complainant has requested information about a Secondary Transfer Test.  The position of The Buckinghamshire Grammar Schools (‘TBGS’) is that it does not hold information relevant to some parts of the requests and that other parts are exempt from disclosure under section 41(1) (information provided in confidence) and/or section 43(2)…

The complainant has requested various pieces of information from the council relating to particular properties, to which the council responded that the information was not held for some aspects and that they could neither confirm nor deny other items. The Commissioner’s decision is that Huntingdonshire District Council does not hold any information in scope of…

The complainant has requested information about an alleged incident from the Metropolitan Police Service (the “MPS”). The MPS would neither confirm nor deny (NCND) whether it held any information, citing the exemptions at sections 40(5B)(a)(i) (personal information), section 30(3) (investigations and proceedings) and section 31(3) (law enforcement) of the FOIA. The Commissioner’s decision is that…

The complainant has requested information about a traffic calming consultation from Stockton-on-Tees Borough Council (the Council). The Council provided some information but refused to provide actual addresses of those consulted, citing section 40(2) (Personal information) of the FOIA.  The Commissioner’s decision is that section 40(2) is properly engaged. No steps are required. Powered by WPeMatico

The complainant has requested information about the costs involved in a particular prosecution. The Crown Prosecution Service refused to confirm or deny holding the information as any information it held would be the complainant’s own personal data. The Commissioner’s decision is that the CPS has failed to demonstrate that any relevant information it held would…

The complainant requested information regarding Covid-19 testing in the Walthamstow area. The Commissioner’s decision is that the Department of Health and Social Care failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner’s decision is that the Department of Health and Social Care breached…

Through two, multi part requests the complainant has requested a variety of information from St Ralph Sherwin Catholic Multi Academy Trust (‘the Trust’).  The Trust has categorised the requests as vexatious under section 14(1) of the FOIA and has refused to comply with them. The Commissioner’s decision is as follows: The complainant’s requests of 2…

The complainant requested information relating to a particular planning application. South Northamptonshire Council (the Council), provided some information within the scope of the request but denied holding further information. The complainant considered that the Council held further relevant information. The Commissioner’s decision is that, on the balance of probabilities, the Council is correct when it…

The complainant has requested the qualification and area of psychiatry expertise of an individual. The individual in question was employed by the General Medical Council (the GMC) to investigate a doctor responsible for the care of a close relative of the complainant, who died in hospital. The GMC has refused to confirm or deny that…

The complainant has requested information about a waste disposal contract. The Council disclosed some information, but withheld the remainder citing the following exceptions of the EIR: 12(5)e – confidentiality of industrial or commercial information; 12(4)d – material in the course of completion/unfinished documents; and 13(2) – third party personal data. The Commissioner’s decision is that…

The complainant requested from Plymouth City Council (“the Council”) information regarding the Gormley sculpture. The Council withheld the requested information under section 43(2) (commercial interests) and subsequently applied section 40(2) (third party personal data) of the FOIA to the request. The Commissioner’s decision is that the Council correctly applied section 43(2) of the FOIA. Therefore,…

The complainant has requested details of the data fields on the National Ballistics Intelligence Service (“NABIS”) database from the National Police Chiefs’ Council (“NPCC”). The NPCC refused to provide the requested information citing 31(1)(a)(b) (law enforcement) and 24(1) (national security) of the FOIA. It subsequently revised this and cited section 12(1) (cost of compliance) to…

The complainant requested information from the Cabinet Office about the Covid-19 press conferences. The Cabinet Office has failed to respond to this request. The Commissioner requires the Cabinet Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Cabinet Office must take these steps within 35…

The complainant has requested copies of any emails which relate to an incident which occurred at Seacombe Birthing Centre in 2018. The council provided some information however it withheld other information on the basis that section 40(2), and section 36 of the Act applied. The Commissioner’s decision is that the council was correct to withhold…

The complainant requested copies of correspondence and meeting notes from the London Borough of Hackney (the Council) since 1 March 2020 regarding an installation on Regents Canal. The Council had failed to provide a substantive response by the date of this notice. The Commissioner’s decision is that the Council failed to respond to the request…

The complainant has requested information about a business relationship with another education network. Ormiston Academies Trust refused to comply with the request but did not cite an exemption from the FOIA which would have permitted it to do so. The Commissioner’s decision is that the Trust has failed to issue an adequate refusal notice in…

The complainant requested information relating to FOIA requests and SARs Subject Access Requests) from West Yorkshire Police (‘WYP’). Ultimately, the complainant disputed the accuracy of the information provided in response to part two of his request. The Commissioner has addressed this through consideration of whether WYP has provided the information it holds in accordance with…

The complainant has requested information about complaints and staff qualifications. St Augustine’s School (‘the School’) disclosed information relevant to one part of the request. It relied on section 12(1) of the FOIA (cost exceeds the appropriate limit) to refuse to comply with two parts and withheld information requested in the remaining five parts of the…

The complainant submitted seven information requests to the Health and Safety Executive (“the HSE”) for various information relating to a Gas Safe Register investigation into a property and related correspondence. The Commissioner’s decision is that the HSE has failed to respond to the request within 20 working days and has therefore breached section 10 of…

The complainant requested from Maidstone Borough Council (“the Council”) information relating to the proposed garden community development at Lenham Heath. The Council stated that it did not hold information to some parts of the request. It also refused to disclose information under regulations 12(4)(b) and 12(5)(e) of the EIR to the remaining parts of the…

The complainant has requested a copy of a report of local housing needs. The Commissioner’s decision is that Great Waldingfield Parish Council incorrectly withheld the sections named “Executive Summary and Key Findings” and “Next Steps of the report on the basis of regulations 12(5)(e) and 12(5)(f); however it correctly engaged regulation 12(5)(e) to withhold the…

The complainant requested information from the Cabinet Office about specified contracts and correspondence. The Cabinet Office has failed to complete its public interest test considerations within a reasonable time in accordance with its obligations under the FOIA. The Cabinet Office must provide a substantive response to the request within 35 calendar days of the date…

The complainant requested pensions related information from Staffordshire Fire and Rescue Service (‘SFRS’). SFRS advised the complainant that it did not hold the requested information. The Commissioner’s decision is that, on the civil standard of the balance of probabilities, SFRS does not hold the information. The Commissioner does not require any steps to be taken…

The complainant requested information about the use of the Hare PCL:SV test. Devon Partnership NHS Trust (“the Trust”) initially refused to accept the request as being valid before later refusing the request as vexatious. The Commissioner’s decision is that the Trust has failed to demonstrate that the request was vexatious and is therefore not entitled…

The complainant has requested from Nottingham City Council (“the Council”) information in relation to an investigation report. The Commissioner’s decision is that the Council was entitled to withhold the information under section 40(1) of the FOIA. However, in providing a response outside of statutory time periods, it breached section 10(1). The Commissioner does not require…

The complainant requested a SEND inspection report. The Council stated that it did not hold the requested information, albeit that it did not respond within the statutory time for compliance. The Commissioner’s decision is that the Council does not hold the requested information. However the Commissioner finds that the Council failed to respond to the…

The complainant requested information from Bristol City Council (the Council) about the Council’s policies and procedures regarding the use of risk alerts on case files of Adult Care service users. The Council had failed to provide a substantive response by the date of this notice. The Commissioner’s decision is that Bristol City Council (the Council)…

In two, multi-part, requests the complainant has requested from the Selby Area Internal Drainage Board (‘the Board’) specific Board minutes recording decisions associated with its historical treatment of piece workers, and related matters. The Board’s position was that it did not hold any relevant information, which the complainant disputed. The Commissioner’s decision is as follows:…

In two, multi-part, requests the complainant has requested from the Selby Area Internal Drainage Board (‘the Board’) specific Board minutes recording decisions associated with its historical treatment of piece workers, and related matters. The Board’s position was that it did not hold any relevant information, which the complainant disputed. The Commissioner’s decision is as follows:…

The complainant requested information relating to the introduction of a new computer system. Greater Manchester Police (‘GMP’) initially refused the request on cost grounds, citing section 12(1) of the FOIA. During the course of the Commissioner’s investigation, GMP withdrew its reliance on section 12(1) and disclosed some of the previously withheld information to the complainant.…

The complainant requested information relating to the yearly amounts Kent Police has paid informants and the upper limit payable. Kent Police confirmed it held information within the scope of part (1) of the request for the yearly amounts paid but refused to provide it, citing sections 30(1) and (2) (investigations and proceedings) of the FOIA.…

The complainant requested information from the London Borough of Hackney (“the Council”) relating to the Council’s procurement of architectural services for specific lots within a framework. By the date of this notice the Council had not provided a substantive response to this request. The Commissioner’s decision is that the Council has failed to respond to…

The complainant requested information from Epsom and St Helier University Hospitals NHS Trust (the Trust) about the decision by the Trust to conduct a recent post-operation survey. The Trust had failed to provide a substantive response by the date of this notice. The Commissioner’s decision is that Epsom and St Helier University Hospitals NHS Trust…

The complainant requested information relating to Northamptonshire Police’s handling of interviews under caution. Northamptonshire Police asked for confirmation of the requester’s identity which they declined to give. Northamptonshire Police refused to deal with the request, citing section 8(1)(b) (request for information) of the FOIA. The Commissioner’s decision is that, in the circumstances of this case,…

The complainant has requested a specific briefing note, minutes of a meeting and any information relating to a previous FOI request referred to the ICO and which was the subject of an appeal to the First Tier Tribunal. The Council originally applied section 14 FOIA as it considered the request to be vexatious but subsequently…

The complainant requested information from the Home Office about trafficking victims. The Home Office has failed to respond to this request. The Commissioner requires the Home Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Home Office must take these steps within 35 calendar days…

The complainant has requested speed data from a SID (Speed Indicator Device). Hertfordshire County Council (the council) responded that it does not hold the information. The Commissioner’s decision is that the council does hold the requested information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue…

The complainant has requested the address or addresses of the retailer(s) from which two specific lottery tickets were purchased. The position of the Gambling Commission (‘the Commission’) is that it does not hold the requested information. The Commissioner’s decision is as follows: On the balance of probabilities, the Commission does not hold the information the…

The complainant has requested from East London NHS Foundation Trust (the “Trust”) information about aspects of its mental health treatment services. The Trust refused to provide the requested information, citing section 12(1) of the FOIA – that the cost of complying would exceed the appropriate limit for compliance. The Commissioner’s decision is that the Trust…

The complainant requested information from the London Borough of Croydon about conflict of interest procedures. The London Borough of Croydon has failed to respond to this request. The Commissioner requires the London Borough of Croydon to provide the complainant with a response to this request in accordance with its obligations under FOIA. The London Borough…

The complainant requested information from the Cabinet Office about a contract. The Cabinet Office has failed to respond to this request. The Commissioner requires the Cabinet Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Cabinet Office must take these steps within 35 calendar days…

The complainant requested from the NHS Commissioning Board (NHS England) information regarding the orthodontic procurement process run by NHS England. The Commissioner’s decision is that NHS England has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires NHS England to take the…

The complainant requested information from the Cabinet Office about services provided by a private company. The Cabinet Office has failed to respond to this request. The Commissioner requires the Cabinet Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Cabinet Office must take these steps…

The complainant requested information about public toilets. The Commissioner’s decision is that, on the basis of the available evidence, Olney Town Council (“the Council”) has failed to issue a response to the request, that complies with the FOIA, within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the…

The complainant requested from the Department of Health and Social Care (“DHSC”) information relating to “Exercise Cygnus”. By the date of this notice, the DHSC had not issued a substantive response to this request. The Commissioner’s decision is that the DHSC has failed to complete its deliberations on the balance of the public interest within…

The complainant requested from West Berkshire Council (the Council) information in relation to a local football ground. The Council refused to comply with the request under regulation 12(4)(b) of the EIR (manifestly unreasonable request). The Commissioner’s decision is that the Council correctly applied regulation 12(4)(b) of the EIR. The Commissioner does not require the Council…

The complainant has requested information regarding whether disciplinary action was taken against a specified employee. The Commissioner’s decision is that the Department for Work and Pensions (DWP) is entitled to rely on section 40(2) to withhold this information. The Commissioner does not require DWP to take any steps regarding this request. Powered by WPeMatico

The complainant made a number of requests to the City of York Council (“the Council”) for information regarding the creation of a road. The Council did not respond to the complainant’s first request and refused the third request under regulation 12(4)(b) of the EIR (manifestly unreasonable). The Commissioner’s decision is that the Council has failed…

The complainant has requested information relating to vehicle registration numbers (VRN’s) and the DVLA’s position on whether these constitute personal data. Initially the DVLA refused to treat the requests as valid requests for information under the FOIA. This was later rectified and the DVLA issued a revised response, which complied with its obligations under the…

The complainant requested information about the appointment of election monitors. The British-Russia Centre and East-West Centre stated that it did not hold the requested information but argued that it was no longer a public authority for the purposes of the FOIA. The Commissioner’s decision is that, whilst the Centre is indisputably listed in schedule 1…

The complainant submitted two requests to HM Revenue and Customs (HMRC) both of which sought details of allegations and investigations into HMRC staff who were alleged to have committed a number of specified offences when applying for jobs. HMRC refused the first request on the basis of section 12(1) (appropriate cost limit) and argued that…

The complainant has requested details from Tamworth Borough Council (“the Council”) regarding the details of meetings and people who conducted a previous internal review. The Council stated that it did not hold all of the information within the scope of the complainant’s request but it provided some of the information that it did hold.  It…

The complainant has requested a range of information from the Academies Trust (“the Trust”) relating to budget planning, costs saving, staffing and other subjects. The Trust responded to several parts of the request but withheld information from a financial recovery plan on the basis of section 36 and 43 of the FOIA. The complainant also…

The complainant has requested Highways England (HE) to disclose information in relation to the A5036 Port of Liverpool Access Scheme. It disclosed some information but refused to disclose the remainder citing regulations 12(5)(e), 12(5)(f) and 13 of the EIR. The complainant raised no concerns in respect of regulation 13, so the Commissioner’s investigation has focussed…

The complainant has requested information relating to a Leasehold Interest at Units 5-8 Mochdre Commerce Park. Conwy County Borough Council disclosed some information and withheld other information under the exemption for personal data – section 40(2) of the FOIA. The Commissioner’s decision is that Conwy County Borough Council correctly withheld information under section 40(2) but…

The complainant requested information from the Home office about submissions as set out in paragraph 353 of the Immigration Rules, which they received and processed in the years 2017/18 to 2019/20. The Home Office had failed to provide a substantive response to this request by the date of this notice. The Commissioner’s decision is that…

The complainant has requested information held on large raised reservoirs across various datasets by the Environment Agency. The Environment Agency withheld information from two of the datasets on the basis of regulation 12(5)(a) of the EIR. The Commissioner’s decision is that the EA has correctly applied the exception and the balance of the public interest…

The complainant made a request to the Environment Agency under the Re-use of Public Sector information Regulations 2015 (RPSI) to reuse information in a particular dataset (AfA134) relating to large raised reservoirs. The EA made the dataset available under a Conditional Licence with restrictions. The Commissioner’s decision is that the EA breached regulation 12(2) by…

The complainant requested information from the Parliamentary and Health Service Ombudsman (PHSO) which it has not previously released about details of complaints that the PHSO had received about other government departments and public bodies in 2018/19. The Commissioner’s decision is that the PHSO failed to respond to the request within 20 working days and has…

The complainants requested various expenditure information. Birmingham Children’s Trust had not issued a substantive response at the date of this notice. The Commissioner’s decision is that the Trust failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Trust to take the…

The complainant has requested the Department of Health and Social Care (DHSC) to disclose information relating to concerns he raised five years ago about a named individual. The DHSC refused to comply with the request citing section 12(2) of the FOIA. The Commissioner’s decision is that the DHSC is entitled to refuse to comply with…

The complainant requested from Mendip District Council (“the Council”) information regarding the Council’s current Strategic Risk Register. The Council withheld the information under sections 44(1) (prohibitions on disclosure), 43 (commercial interests), 36(2)(b)(ii) and 36(2)(c) (prejudice to effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that the Council correctly withheld the information…

In 2018 the complainant submitted a request to the Royal Free London NHS Foundation Trust (‘the Trust’) for information associated with the creation of a subsidiary property service company. The request covered attachments to email correspondence but the Trust did not consider the attachments in its response. The Trust has now considered the request for…

The complainant requested information relating to parking restrictions in Linslade. The Commissioner’s decision is that Central Bedfordshire Council (“the Council”) failed to respond to the request within 20 working days and therefore breached section 10 of the FOIA. As the Council has now provided a response to the complainant, the Commissioner does not require the…

The complainant requested from the City of York Council (“the Council”) information relating to the Council’s compliance with section 65 of the 1992 Local Government Act. By the date of this notice the Council had not issued a substantive response to the complainant’s request. The Commissioner’s decision is that the Council has failed to respond…

The complainant has requested the minutes of a particular meeting from London North Eastern Railway (‘LNER’). At the date of this notice, LNER has not provided a response to the request. The Commissioner’s decision is as follows: LNER has breached section 10(1) of the FOIA as it has not provided a response to the request…

The complainant has requested the number of a particular type of complaint about content on the BBC’s BBC News website, across a number of years. The BBC refused to comply with the request as it considered that the requested information was held for the purposes of journalism, art or literature and was therefore outside the…

The complainant has requested information from the MOJ regarding small claims cases against the ticket company Viagogo. The MOJ has refused to confirm or deny that it holds the requested information, citing section 32(3) of the FOIA as a basis for non-confirmation or denial. The Commissioner’s decision is that the MOJ has correctly applied section…

The complainant has requested from West London NHS Trust (the “Trust”) information about aspects of its mental health treatment services. The Trust refused to provide the requested information, citing section 12(1) of the FOIA – that the cost of complying would exceed the appropriate limit for compliance. The Commissioner’s decision is that the Trust has…

The complainant has made a 110 part request for information relating to electroconvulsive therapy, serious incidents, restraints, seclusion and medication errors. The Trust refused to comply with the requests as it said it would exceed the cost limit under section 12 FOIA to do so.  The Commissioner’s decision is that the Trust was correct to…

The complainant has made a 110 part request for information relating to electroconvulsive therapy, serious incidents, restraints, seclusion and medication errors. The Trust refused to comply with the requests as it said it would exceed the cost limit under section 12 FOIA to do so. The Commissioner’s decision is that the Trust was correct to…

The complainant has made a 110 part request for information relating to electroconvulsive therapy, serious incidents, restraints, seclusion and medication errors. The Trust refused to comply with the requests as it said it would exceed the cost limit under section 12 FOIA to do so. The Commissioner’s decision is that the Trust was correct to…

The complainant requested information from the Cabinet Office about Brexit. The Cabinet Office has failed to respond to this request. The Commissioner requires the Cabinet Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Cabinet Office must take these steps within 35 calendar days of…

The complainant requested information from the Cabinet Office about Brexit. The Cabinet Office has failed to respond to this request. The Commissioner requires the Cabinet Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Cabinet Office must take these steps within 35 calendar days of…

The complainant requested information about a death in police custody. The Independent Office for Police Conduct (‘the IOPC’) refused to comply with the request on the grounds that it was vexatious within the meaning of section 14(1) of the FOIA. The Commissioner’s decision is that the IOPC was entitled to rely on section 14(1) of…

The complainant has requested information about s106 contributions in respect of the development of a new Aldi Store in Malmesbury. Wiltshire County Council disclosed some information and withheld other information under the exceptions for the confidentiality of proceedings (regulation 12(5)(d)) and commercial confidentiality (regulation 12(5)(e)). During the course of the Commissioner’s investigation the public authority…

The complainant has requested from West Lancashire Borough Council (“the Council”), copies of all correspondence relating to advice given regarding the development brief for land between specific areas. The Commissioner’s decision is that the Council was entitled to withhold the requested information under regulation 13 of the EIR. The Commissioner does not require the Council…

The complainant has requested information relating to allegations made against Derek McCulloch deceased. The BBC confirmed that it did not hold the requested information under section 1(1)(a) FOIA. The Commissioner considers that on the balance of probabilities, there is no recorded information held by the BBC under section 1(1)(a) FOIA falling within the scope of…

The complainant has requested information from the University of Hull (‘the University’) about applicants to its undergraduate Medicine course. At the date of this notice, the University has not provided a response to the request. The Commissioner’s decision is as follows: The University has breached section 10(1) of the FOIA as it has not provided…

The complainant requested information relating to planning enforcement site visits at a particular address. Milton Keynes Council (the Council) disclosed some information within the scope of the request. It redacted some information but did not specify whether it was out of scope, or whether any exceptions applied. During the course of the Commissioner’s investigation the…

The complainant has requested the Unique Reference Number (URN) of a particular care home. The Office for Standards in Education, Children’s Services and Skills refused to provide the information as it considered that the particular information requested fell outside the scope of the FOIA. The Commissioner’s decision is that the requested information is held by…

The complainant requested from Chelmsford City Council information consisting of planning documentation associated with the approved class for a specific property. The Council stated that all relevant documents requested were accessible in its planning portal, except legal advice that the Council sought and received in relation to this property. The Council cited the exemption provided…

The complainant has made a request for information relating to the data anonymisation method used for providing data to Palantir and Faculty AI. Despite the intervention of the Commissioner, the NHS Commissioning Board (NHS England) has not provided a response to the request in accordance with the FOIA. The Commissioner’s decision is that NHS England…

The complainant requested discretionary assessment criteria used by the Department for Infrastructure in respect of applications for Blue Badges. The Department refused the request in reliance on the exception at regulation 12(4)(e) of the EIR. The Commissioner’s decision is that the exception is engaged and that the public interest in maintaining that exception outweighs the…

The complainant requested information about the costs incurred by the Crown Prosecution Service in relation to a specified set of proceedings. The Crown Prosecution Service neither confirmed nor denied whether it held the requested information, citing the exemption at section 40(5) FOIA (personal information). The Commissioner decided that all the information that had been requested…

The complainant has requested information about its clinical advisors from the Parliamentary and Health Service Ombudsman (‘PHSO’). PHSO has categorised the request as vexatious under section 14(1) of the FOIA and has refused to comply with it. The Commissioner’s decision is as follows: The complainant’s request is a vexatious request under section 14(1) of the…

The complainant has requested information regarding a proposed flood wall. The Commissioner’s decision is that Wirral Metropolitan Borough Council has correctly relied upon regulation 12(5)(e) to withhold the requested information. However it failed to issue an adequate refusal notice within the statutory time periods and therefore breached regulation 14. The Commissioner does not require any…

The complainant requested information from the Cabinet Office about specified records. The Cabinet Office has failed to respond to this request. The Commissioner requires the Cabinet Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Cabinet Office must take these steps within 35 calendar days…

The complainant has requested information regarding parking policies configured into a council system. The Commissioner’s decision is that, on the balance of probabilities, North Tyneside Council is not withholding any information in scope of the request. The Commissioner does not require any steps. Powered by WPeMatico

The complainant requested information from the MoD about electronic radiosondes.  The MoD has failed to complete its public interest test considerations within a reasonable time in accordance with its obligations under the FOIA. The MoD must provide a substantive response to the request within 35 calendar days of the date of this decision notice. Powered…

The complainant has requested information, such as meeting notes and correspondence relating to the Tonnage Tax Working Group. During the course of the Commissioner’s investigation the Department for Transport (DfT) disclosed some of the information to the complainant but continued to withhold the correspondence between various parties on the development of the UK Tonnage Tax…

The complainant has requested from Keele University (the “university”) the correspondence between Professor Clifford Stott and the Independent Police Complaints Council (“IPCC”) in Hong Kong during a period of four months in 2019.  The university refused to provide the requested information, citing sections 36, 41 and 22(A). During the Commissioner’s investigation the university disclosed some…

The complainant requested information relating to policy development regarding access to the electoral register from the Cabinet Office. Initially, it had relied on section 12 (costs exceed appropriate limit) but following the intervention of the Commissioner it revised its position and made a partial disclosure. However, it relied on provisions of section 35 (formulation/development of…

The complainant has requested information relating to complaints about a named doctor and deaths statistics on a ward the named doctor was associated with. The Trust refused to confirm or deny whether some of the requested information was held, it withheld some of the requested information under section 40(2) FOIA and confirmed that it did…

The complainant has requested information relating to which ward a particular consultant transferred from before working on another specified ward. The Trust initially refused to confirm or deny whether the requested information was held under section 40(5) FOIA. Subsequently, during the Commissioner’s investigation it confirmed that it did not hold the requested information under section…

The complainant requested information concerning any responses to the findings of Exercise Cygnus, including correspondence between The NHS Commissioning Board (NHS England) and the Department of Health and Social Care relating to Exercise Cygnus between October 2016 and 24 May 2020. The Commissioner’s decision is that NHS England failed to respond to the request within…

The complainant has requested information about council tax calculations.  The Council responded, refusing to supply the information under the following sections of the FOIA: section 21 – information accessible by other means; section 22 – information intended for future publication; and section 14 – vexatious.  The complainant was not satisfied that the Council was entitled…

The complainant requested information about the student records of Taiwanese President Tsai Ing-wen. The Board of Trustees of the University of London relied on section 40(2) of the FOIA to withhold the requested information. The Commissioner’s decision is that the requested information is President Tsai’s personal data and that disclosing it otherwise than under the…

The complainant requested information relating to the BBC’s broadcast time for political parties. The BBC responded that the requested information was covered by the derogation and hence excluded from the FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of journalism, art or literature and so was not…

The complainant has requested information relating to a payment made to a company and the information associated with that work. The council provided some information however it refused to provide other information on the basis that the exception in Regulation 12(4)(d) applies. On review it upheld its decision. The Commissioner’s decision is that council was…

The complainant requested information about a tendering process from Harlow Council (“the Council”). The Council provided some information outside the FOIA, which has not been considered in this notice. It provided other information under the FOIA, but made redactions under section 40(2) of the FOIA – third party personal data, section 41(1) of the FOIA…

The complainant has requested from Elmbridge Borough Council information in relation to legal advice that the Council received from external counsel. The Council confirmed that it held the information requested, however, it decided to withhold it citing regulation 12(5)(b) of the EIR. The Council stated that the withheld information was covered by Legal Professional Privilege…

The complainant requested information from the Department of Health and Social Care (“DHSC”) regarding alleged attempts to introduce measures under the emergency powers of the Coronavirus Bill, concerning abortions at home. The DHSC responded and refused to comply with the request as it did not consider it as a valid FOI request. The Commissioner’s decision…

The complainant has requested information about Ofcom’s assessment of a complaint about the BBC that he had submitted to it. Ofcom’s position is that it does not hold the information the complainant is seeking. The Commissioner’s decision is as follows: On the balance of probabilities Ofcom does not hold the requested information and has complied…

The complainant requested information about correspondence between the Department for Digital, Culture, Media & Sport (DCMS) and two external organisations, between February and April 2020, relating to the Covid-19 outbreak. By the date of this notice DCMS had not issued a substantive response to the request. The Commissioner’s decision is that the DCMS has failed…

The complainant has requested information associated with a report they had produced for Historic England (‘HE’). They subsequently withdrew two parts of the request. HE categorised the remaining two parts of the request as manifestly unreasonable under regulation 12(4)(b) of the Environmental Information Regulations (EIR). It refused to comply with these parts. The Commissioner’s decision…

The complainant has requested information about an alleged investigation from the Metropolitan Police Service (the “MPS”). The MPS would neither confirm nor deny holding any information, citing the exemptions at sections 30(3) (Investigations and proceedings) and 40(5) (Personal information) of the FOIA. The Commissioner’s decision is that the MPS was entitled to rely on section…

The complainant has requested information on staff dismissals from the University of Exeter (‘the University’). The University released some information within the scope of the complainant’s request and has withheld some under section 40(2) of the FOIA as it considers this information is the personal data of third persons. The Commissioner’s decision is as follows:…

The complainant requested information from the General Optical Council (“the GOC”) for a copy of its Register of Interests for the GOC council members. The Commissioner’s decision is that the GOC 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…

The complainant requested information from Highways England Company Limited (“Highways England”) about the Asset Support Contract, pre April 2019 the requirements for the contractor to follow are set out in Annexe 23 of the ASC contract. The Commissioner’s decision is that Highways England has breached section 10(1) of the FOIA in that it failed to…

The complainant made a multipart request for information relating to the cost of repairing damage to the road network, typically caused by road traffic accidents. The complainant pursued complaints in respects of request 1, 2 and 5. In respect of request 1 Highways England Company Ltd (HE) provided the complainant with links to where the…

The complainant has requested information about meetings related to him and demographic information about children taken into care. The London Borough of Hammersmith & Fulham provided information in respect of one element of the request, stated that it did not hold information in respect of two other elements and refused the remaining element which it…

The complainant requested information relating to the Norwich Anaesthetic Group. The Commissioner’s decision is that Norfolk & Norwich University NHS Trust (“the Trust”) failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Trust to take the following steps to ensure compliance…

The complainant has requested a copy of a deed of assent for a particular property. The Commissioner’s decision is that, on the balance of probabilities, Huntingdonshire District Council does not hold the requested information. The Commissioner does not require any steps. Powered by WPeMatico

The complainant has requested information from the Council regarding a specific planning application. The Council disclosed some information to him, however it stated that it did not hold the remaining information within the scope of his request. The Commissioner’s decision is that the Council does not hold further information within the scope of the complainant’s…

The complainant requested from Manchester City Council information relating to the Great Ancoats Street upgrade work. The Council provided the complainant with what it stated was all the information it held within the scope of the request. However, the complainant was not satisfied with the amount of the information received. The Commissioner’s decision is that,…

The complainant has requested the findings of an investigation. Greater Manchester Police stated that information was held, but was exempt from disclosure under sections 31(1)(a), 31(1)(b), and 40(2). During the course of the Commissioner’s investigation, GMP stated to the Commissioner that it was uncertain of the parameters of the request. The Commissioner’s decision is that…

The complainant has requested information on the council’s process for reporting decisions of the ICO, planning committee and the Local Government and Social Care Ombudsman (the LGSCO) to its councillors and committees. The council said that there was no set process that could be disclosed but provided a number of links to the websites of…

The complainant requested information from the Department of Health and Social Care (“the DHSC”) about its targets, from 2010 onwards, for reducing NHS fraud. The Department of Health responded, but, initially, neither provided the information nor explained whether it was held. After an internal review, it stated that the requested information was not held. The…

The complainant requested information from the Cabinet Office about a contract. The Cabinet Office has failed to respond to this request. The Commissioner requires the Cabinet Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Cabinet Office must take these steps within 35 calendar days…

The complainant has made two requests for information relating to the provision of continuing health care for patients with Acquired Brain Injury (ABI). The first was for the job description of the officer responsible for commissioning such care and the second for the standard contract used when commissioning the care. NHS West Sussex Clinical Commissioning…

The complainant has requested all communications and documents relating to the negotiation of a contract with Cambridge Analytica/Strategic Communication Laboratories (SCL) in 2016-17. The University denied holding any information. However in response to a later request, from a different applicant, the University did locate a short email chain that was relevant to the request. It…

The complainant has requested copies of correspondence sent by either Zara Tindall MBE, or her brother Peter Phillips, to the Secretary of State in respect of a particular individual and his business activities. The Department for International Trade refused to confirm or deny holding any relevant information as it considered that doing so would, in…

The complainant has requested copies of correspondence sent by either Zara Tindall MBE, or her brother Peter Phillips, to the Secretary of State in respect of a particular individual and his business activities. The Ministry of Housing, Communities and Local Government refused to confirm or deny holding any relevant information as it considered that doing…

The complainant requested information from the Home Office about its contacts with The Queen’s grandchildren, Zara Tindall MBE and Peter Phillips, about a named businessman. The Home Office refused to confirm or deny holding information within the scope of the request. The Commissioner’s decision is that the Home Office was entitled to rely on section…

The complainant submitted eleven separate requests to Morecambe Town Council (“the Council”) between 5 and 29 June 2019. The requests each related to various information. The Council initially refused ten of the requests under section 14(1) of the FOIA (vexatious requests). During the course of the Commissioner’s investigation, the Council issued a fresh response to…

The complainant has requested a copy of a letter submitted to St George’s University Hospitals NHS Foundation Trust (“the Trust”) regarding concerns with its cardiac surgery service. The Trust refused the request on the basis of section 40, 41 and 36 of the FOIA. The Commissioner’s decision is that the Trust has correctly applied the…

The complainant made four requests concerning planning and parking matters. Doncaster Metropolitan Borough Council noted that all the relevant information it held was already reasonably accessible and therefore relied on section 21 to withhold that information. The Commissioner’s decision is that the Council should have dealt with requests 1, 2 and 3 under the EIR,…

The complainant has requested information regarding a misconduct hearing. The Commissioner’s decision is that South Wales Police was entitled to withhold the information under section 40(2) of the FOIA. However in providing a response outside of statutory time periods, it breached section 10(1).The Commissioner does not require the public authority to take any steps. Powered…

The complainant has requested a copy of a report with supporting evidence, compiled as a result of a ‘whistleblowing’ concern submitted to London South Bank University (‘the University’). The University relied on the FOIA exemptions provided under section 36(2)(c) (prejudice to effective conduct of public affairs), section 40(1)(applicant’s personal data) and section 40(2)(third person personal…

The complainant has requested from the Parliamentary and Health Service Ombudsman (“PHSO”) information relating to one of the public authority’s web pages, an employment tribunal judgment, staff disability and disability training. The PHSO refused to provide the information, citing section 14(1) of the FOIA – vexatious request. The Commissioner’s decision is that the PHSO is…

The complainant has requested a report detailing the findings and outcomes of an Invited Service Review of the Trauma and Orthopaedics surgical service at Manchester University NHS Foundation Trust (the Trust). The Trust withheld the information, citing the exemptions under sections 36, 40, and 41 of the FOIA. The Commissioner’s decision is that the requested…

The complainant has requested information about a ‘stop check’ order from the Metropolitan Police Service (the “MPS”). The MPS refused to comply with the request advising that it considered it was vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that the request is not vexatious. The Commissioner requires the MPS to take…

The complainant requested information from the Home Office about an email address. The Home Office has failed to respond to this request. The Commissioner requires the Home Office to provide the complainant with a response to this request in accordance with its obligations under FOIA. The Home Office must take these steps within 35 calendar…

The complainant has requested information relating to the proposed route for the English Coast Path through Mistley, which lies on the Stour Estuary in Essex. Natural England (NE) provided a limited amount of information which was already in the public domain. However it went on to withhold the rest of the information under the exceptions…

The complainant requested from Liverpool City Council (‘the Council’) information broadly concerning the arrangements relating to stray dogs. The Council refused the request under section 14(1) (vexatious requests) of the FOIA on the basis that it was vexatious. The Commissioner’s decision is that the request was vexatious and the Council was entitled to rely on…

The complainant submitted a request to the Ministry of Defence (MOD) seeking a copy of a report, and associated information, regarding a communication campaign in Ukraine undertaken by Strategic Communication Laboratories. The MOD refused to confirm or deny whether it held any information falling within the scope of the request on the basis section 26(3)…

The complainant has requested information from the Southern Health & Social Care Trust (“the Trust”) regarding certain breast assessment services. The Trust provided some information, in response to parts 2-6 of the complainant’s request, however it refused to disclose the remaining requested information, citing section 12(1) of the FOIA as a basis for non-disclosure. The…

The complainant requested from the Department of Health and Social Care (“DHSC”) information relating to the Health Secretary’s attendance at the opening of an NHS Nightingale Hospital. The Commissioner’s decision is that the DHSC has failed to respond to the request within 20 working days and has therefore breached section 10(1) of the FOIA. However…

The complainant has requested information about hunting activity around Skiddaw. The Lake District National Park Authority refused the request as vexatious. The Commissioner’s decision is that the Authority should have dealt with the request under the EIR and that, as the request was not manifestly unreasonable, the Authority was not entitled to rely on regulation…

As part of a wider request, the complainant has requested information on protection against radon gas that the ICO may have installed in its building to protect staff. The ICO relied on section 14(1) of the FOIA (vexatious request) to refuse to comply with this part of the request. The Commissioner’s decision is as follows:…

The complainant has requested information about contracts. High Speed Two Limited (HS2 Ltd) refused to comply with the request under section 12(1) of the FOIA (cost exceeds the appropriate limit). The Commissioner’s decision is as follows: The majority of the requested information can be categorised as environmental information under the EIR. HS2 Ltd is not…

The complainant has requested information about crimes reported in (and in the grounds of) Royal Palaces from the Metropolitan Police Service (the “MPS”). The MPS provided some information but withheld the remainder citing sections 31(1)(a)(b) (law enforcement), 24(1) (national security) and 38(1)(health and safety) of the FOIA. It also refused to confirm or deny whether…

The complainant has requested details of University spending in relation to The Open Championship 2019 held at Royal Portrush Golf Club. Despite the Commissioner’s intervention the University has failed to respond to the request. Accordingly the Commissioner’s decision is that the University has failed to comply with section 10(1) of the FOIA. The Commissioner requires…

The complainant requested copies of correspondence sent to or from the Infected Blood Policy Team at the Department for Health and Social Care during the month of October 2018. The Cabinet Office refused the request in reliance on the exemption at section 36(2)(c) of the FOIA. The Commissioner’s decision is that the Cabinet Office was…

The complainant requested information relating to the alleged investigation of a named police officer. The Independent Office for Police Conduct (the ‘IOPC’) refused to confirm or deny that the requested information was held, citing section 40(5B)(a)(i) (personal information) of FOIA. The Commissioner’s decision is that the IOPC was not obliged to confirm or deny whether…

The complainant requested from Essex County Council (“the Council”) information about the Council’s decision-making process and enforcement action relating to a highway encroachment case. The Council disclosed some information in response to the request and withheld the remaining information under regulation 12(5)(b) (course of justice) of the EIR. The Council also provided information which contained…

The complainant requested information from Three Rivers District Council (‘the Council’) relating to policy, guidance, and training materials available to council officers who review penalty charge notices appeals and cancellations. The Council has failed to respond to the request. The Commissioner requires the council to provide a substantive response to the request in accordance with…

The complainant has requested an assessment report from the Rural Payments Agency (‘RPA’). The RPA’s position is that it does not hold the requested information. During the Commissioner’s investigation, the complainant confirmed that he accepted that the RPA does not hold the information he requested. But he remains dissatisfied with how the RPA handled his…

The complainant requested information from the Ministry of Justice (MoJ), including information from a named Judge’s personal file. The MoJ confirmed it held the requested information but refused to provide it, citing section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that the MoJ was entitled to rely on section 40(2) to withhold…

The complainant has requested all reports produced by the National Support Team for the Response to Sexual Violence in 2011/12. The Department of Health and Social Care (DHSC) withheld the information, citing the exemption under section 41 of the FOIA (information provided in confidence). The Commissioner’s decision is that DHSC has correctly engaged section 41(1)…

The complainant requested information from Cambridgeshire County Council (“the Council”) relating to its contractual relationship with Conduent Parking Enforcement Solutions Ltd. 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 Council to take…

The complainant has asked Wychavon District Council (“the Council”) for information relating to two development sites, including any pre-application advice given to the promoters of the sites by Worcestershire County Council and Wychavon District Council. In its response to the complainant, the Council advised him that it did not hold any pre-application advice provided by…

The complainant has requested the application information of a number of applicants for a senior vacancy at the council. The council applied section 40(2) to withhold the relevant information from disclosure. The Commissioner’s decision is that the council was correct to apply section 40(2) to withhold the information. She has however decided that the council…

The complainant has requested evidence held by the council which led to an assessment of land being changed in the Babergh and Mid Suffolk Draft Strategic Housing and Employment Land Availability Assessment (SHELAA). The council argues that no information is held relating to the change. The Commissioner’s decision is that, on a balance of probabilities…

The complainant has requested information on a particular penalty charge notice (“PCN”). The Commissioner’s decision is that the London Borough of Lewisham (“the Council”) appropriately applied the exemption at section 40(2) -Personal information – to withhold one element of the requested information. The Commissioner does not require the public authority to take any steps to…

The complainant requested information relating to matters he had raised that he understood were being investigated by the Home Office. The Home Office had failed to respond to the request at the date of this notice. The Commissioner’s decision is that the Home Office failed to respond to the request within the statutory timeframe and…

The complainant has requested ecological information relating to Claverham Community College from the Department for Education (the “DfE”). The DfE initially refused to provide the information under Regulation 12(5)(g) – protection of the environment. During the Commissioner’s investigation the DfE reconsidered the request and disclosed the information because it believed the public interest was, by…

The complainant has requested information from the Business Services Organisation (BSO) regarding the weighting of a GP Practice’s patient list for the purpose of payments for general medical services. The BSO refused to disclose the information, citing section 43(2) of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that the BSO has…

The complainant has requested information in relation to a method or tender statement for a contract regarding the collection, kennelling and disposal of stray dogs. Bury Council withheld the information on the grounds of section 43(2) – commercial interests. The Commissioner’s decision is that Bury Council has correctly cited section 43(2) and that the balance…

The complainant has requested information relating to the status of the licensing review into a particular casino, and data on other licensing reviews that are ongoing or have concluded in 2018. The Gambling Commission provided some information within the scope of the request. However, it refused to provide the remainder of the requested information relying…

The complainant has requested information from the Council in relation to the interest expressed by business in locating within a business park, which is the proposed use for land being redeveloped by the Council. The Council refused to disclose the requested information, citing regulations 12(4)(b) and 12(5)(e) of the EIR as a basis for non-disclosure.…

The complainant has requested information relating to a Land Stability Site Management Plan (detailed plan) submitted to Hastings Borough Council (the council) by a local caravan park (the site). Whilst the council provided some information to the complainant, both at the internal review stage, and during the course of the Commissioner’s investigation, it advised that…

The complainant has requested information held by Hastings Borough Council (the council) relating to proposals for the erection of signage and fencing on a local caravan park site (the site). Whilst the council provided some information to the complainant, both at the internal review stage, and during the course of the Commissioner’s investigation, it advised…

The complainant has requested information held by Hastings Borough Council (the council) relating to proposals for the management of surface water drainage at a particular caravan park site (the site). Whilst the council provided some information to the complainant, both in its initial response to his request, and during the Commissioner’s investigation, it withheld the…

The complainant requested from Surrey Heath Borough Council (‘SHBC’) information relating to a planning application. SHBC initially cited regulation 12(5)(f) (interests of the person who provided the information) to withhold the requested information. It subsequently revised its position, saying that it did not hold the requested information. The Commissioner’s decision is that, on the balance…

The applicant has requested the cost of obtaining and re-using a reproduction of an image held by the Imperial War Museum. The Commissioner’s decision is that the Imperial War Museum (IWM) has provided an appropriate quote to the applicant in line with the charging mechanism set out at regulation 15 of RPSI. Where a recommendation…

The complainant has requested information regarding a planning application. The Commissioner’s decision is that on the balance of probabilities, Cornwall Council has located all the information held in scope of the request. However it breached Regulation 5(2) in failing to respond to the request within 20 working days. The Commissioner does not require any steps.…

The complainant has requested a copy of planning pre-application advice. Eden District Council (the council) refused the request under regulation 12(5)(f) of the EIR – Interests of the person who provided the information to the public authority. During the Commissioner’s investigations, the council amended its position and provided the information to the complainant. The Commissioner’s…

The complainant has requested information regarding a planning application. Cornwall council withheld in the information in its entirety citing regulation 12(4)(b) – cost of compliance. The Commissioner’s decision is that Cornwall Council has appropriately relied on section 12(4)(b) to withhold the requested information and that the public interest favours maintaining the exemption. However it breached…

The complainant, on behalf of the BBC, has requested inspection reports associated with Toddbrook Reservoir in Derbyshire. The Canal & River Trust (CRT) released the reports, having redacted some of the information in them under regulation 12(5)(a) (international relations, defence, national security or public safety) and regulation 13(1)(personal data). CRT considers the public interest favours…

The complainant has requested information relating to the Queensbury Tunnel from the Department for Transport (“DfT”). The DfT refused to provide this information citing section 14(1) – vexatious request. The public authority later suggested to the Commissioner that the request could also be considered an EIR request and cited Regulation 12(4)(b) – manifestly unreasonable request.…

1. The complainant has requested information from Southern Water (“SW”) relating to Ofwat’s notice of its proposal to impose a penalty on the public authority. SW refused to provide the requested information citing Regulations 12(5)(a), 12(5)(b), 12(5)(e), 12(4)(e), 12(5)(d), 12(4)(c) and 13(1). The Commissioner’s decision is that Regulation 12(5)(a) is not engaged with regard to…

The complainant has requested information from Devon County Council (“the Council”) regarding the welfare of pupils and allegations of abuse at a specific school. The Council considered that the scope of the request covered corporate reports; that is, reports written by the Council, as well as information that may be held on individual case files.…

The complainant has requested information about children removed from the school roll from Northumberland County Council. The Council disclosed some of the information but refused to disclose figures fewer than 6, citing section 40(2) of the FOIA – third party personal data. The Commissioner is not satisfied that the withheld information constitutes personal data, and…

The complainant has requested information on the cost of advertisements during the World Economic Forum at Davos. The Commissioner’s decision is that Department for International Trade (“DIT”) is not entitled to rely on section 41(1)(a) FOIA (Information provided in confidence) but is entitled to rely on the exemption at section 43(2 FOIA (Commercial interests). In…

The complainant requested legal advice from Knowsley Council (“the Council”) about Merseyside Dogs Home. The Council provided some information, but withheld the remainder under section 42(1) of the FOIA, stating that it was legally privileged. The Commissioner’s decision is that the withheld information is legally privileged, and that the balance of the public interest favours…

The complainant has requested information regarding a tendering process. South Lakeland District Council did not comply with the request, citing section 12(1) (Cost compliance exceeds the appropriate limit) of the FOIA. The Commissioner’s decision is that South Lakeland District Council has not applied section 12(1) of the FOIA appropriately. The Commissioner requires South Lakeland District…

The complainant has requested information from the Human Tissue Authority (HTA) on incidents reported to in 2018 under the category of ‘release of wrong body’. The HTA release information on numbers but withheld two incident reports on the basis of section 31(1)(g) leading to 31(2)(c) of the FOIA. The Commissioner’s decision is that the HTA…

The complainant requested a Policy Equality Statement. The Home Office refused to provide the requested information, citing section 22 (information intended for future publication) of the FOIA. The Commissioner’s decision is that the Home Office incorrectly applied section 22 to withhold the requested information. The Commissioner requires the Home Office to take the following step…

The complainant has requested details of schools included in a pilot scheme relating to selling surplus school land for housing. The Department for Education (DfE) refused the request under the exceptions at regulation 12(4)(d) and 12(5)(e) of the EIR. The Commissioner’s decision is that the DfE has correctly applied the regulation 12(4)(d) exception and the…

Through a multi-part request, the complainant has requested information about electronic systems that the University of Northampton (‘the University’) may use to monitor and record student attendance. The University addressed the majority of the parts of the complainant’s request.  It relied on section 21(1) of the FOIA (information accessible to applicant by other means) to…

The complainant has requested the correspondence sent between two DWP employees. The Commissioner’s decision is that DWP is not entitled to rely on section 14(1) of the Act to refuse to comply with the requests. The Commissioner requires the public authority to take issue a fresh response which does not rely on section 14(1). The…

The complainant has requested information related to Penalty Charge Notices (PCNs). The Council relied on section 31 and 43 to withhold the requested information. The Commissioner’s decision is that the Royal Borough of Kingston Upon Thames (the Council) is not entitled to rely on either section to withhold the requested information. The Commissioner requires to…

The complainant has requested information relating to reconsideration of Penalty Charge Notices (PCNs). The Commissioner’s decision is that the London Borough of Lambeth (the Council) is not entitled to rely on section 31 to withhold the requested information. The Commissioner requires the public authority to disclose the withheld information. The public authority must take these…

The complainant has requested information from Chilton Town Council (“the council”) in relation to its allowances over a two-year period. The Commissioner’s decision is that the council failed to respond to the request within 20 working days and has therefore breached section 10(1) of the FOIA. The Commissioner requires the council to take the following…

The complainant has requested information concerning meetings between the Secretary of State for Digital, Culture, Media & Sport (DCMS) and Facebook in May and June 2018.  The Commissioner’s decision is that DCMS misapplied section 36(2)(b)(ii)(prejudice to effective conduct of public affairs) to some of the withheld information, this information being instead exempt under section 35(1)(a)(formulation…

The complainant submitted a request to the London Borough of Brent (the Council) seeking information about the payments it receives from JC Decaux for the use of advertising boards in the borough. The Council refused to disclose the information relying on section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that the Council is…

The complainant made two requests about the absence and then departure from post, by the Chief Executive. West Sussex County Council withheld the requested information and relied on section 40(2) of the FOIA to do so. The Commissioner’s decision is that the requested information is the personal data of the Chief Executive and that there…

The complainant requested information from Cambridgeshire Constabulary about the ownership of four properties. Cambridgeshire Constabulary advised the complainant that it does not hold this information. The Commissioner’s decision is that, on the civil standard of the balance of probabilities, Cambridgeshire Constabulary does not hold the requested information. She requires no steps to be taken as…

The complainant requested from North Somerset Council (the Council) information consisting of email correspondence between two named Council officers and Kingston Seymour Parish Council during a specified period of time. The Council disclosed some information in its initial response and additional correspondence in the outcome of its internal review. However, the complainant was not satisfied…

The complainant requested information relating to a Durham Constabulary-led investigation. Durham Constabulary stated that any information that may be held, was not held for the purposes of the FOIA, citing section 3(2) of the FOIA. The Commissioner’s decision is that some of the requested information, if held, would be held by Durham Constabulary for its…

The complainant requested information from Cornwall Council (“the Council”) about bonuses paid to employees of Cormac Solutions Limited. The Council stated that this information, if held, would be held by the parent company of Cormac Solutions, Corserv Limited, and the Council itself did not hold the information. The Commissioner’s decision is that, on the balance…

The complainant has requested information in relation to the council and legal definitions. Teignbridge District Council provided some information and explained that it did not hold any further information in relation to question 1 and no information in relation to question 2. The Commissioner’s decision is that, on the balance of probabilities, Teignbridge District Council…

The complainant has requested information regarding policies on providing student references and on the time taken to deal with student complaints. The Governing Body of the University of Oxford (the University) informed the complainant that it did not hold the requested information. During the course of the investigation it became apparent that the University did…

The complainant has requested University College London (UCL) to disclose email correspondence between Professor Birchall and Lancet in relation to a case report that was published by the Professor in the Lancet in 2008. UCL refused to disclose the requested information citing section 36(2)(b) of the FOIA. The Commissioner’s decision is that UCL is entitled…

The complainant has requested information on Morley Park, the new public park in West Wimbledon SW20. The Commissioner’s decision is that the London Borough of Merton Council (‘the Council’) has correctly applied regulation 12(5)(e) EIR (confidentiality of commercial or industrial information) to withhold information contained in documents held within the scope of the request. The…

The complainant has requested information prepared for Gordon Brown in the event that he became Prime Minister again following the 2010 general election. The Cabinet Office eventually sought to rely on section 36 (prejudice to the effective conduct of public affairs) as its basis for doing so. It failed to conduct an internal review. The…

The complainant has requested information on the advice given by the Department of Health and Social Care (DHSC) to NHS Trusts about how to respond to freedom of information requests for Brexit self-assessments. The DHSC refused the request on the basis of section 35(1)(a). The Commissioner’s decision is that the section 35 exemption is engaged…

The complainant has requested the name of an individual responsible for writing an internal email which has been disclosed to his wife by the Cabinet Office. The Commissioner’s decision is that the Cabinet Office has appropriately applied section 40(2) FOIA (personal information) to withhold the name. The Commissioner does not require the public authority to…

The applicant has requested information relating to guidance published by the General Medical Council (GMC). The Commissioner’s decision is that GMC has correctly applied section 42 of the FOIA to the withheld 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 information related to a specific piece of correspondence between MPs. The Department for Work and Pensions (DWP) is relying on section 35(1)(d) to withhold the requested information. The Commissioner’s decision is that DWP is not entitled to rely on section 35(1)(d) to withhold the requested information. The Commissioner requires the public…

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…

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…

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…

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…

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…

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…

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

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…

The complainant has requested information from the Natural History Museum (NHM) on research papers and evidence for evolutionary theory. NHM refused the request as vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that NHM has correctly found the request to be vexatious and section 14(1) was correctly applied by NHM. She requires…

The complainant has requested information on 50p commemorative coins to mark the United Kingdom’s (‘UK’) withdrawal from the European Union (‘EU’). The Commissioner’s decision is that HM Treasury (‘HMT’) is entitled to rely on section 35(1) – Formulation of government policy and section 43(1) – Commercial interests, to withhold some of the information within the…

Through an eight part request to North Cumbria Integrated Care NHS Foundation Trust (NCIC), the complainant has requested information on various types of complaints and concerns that may have been raised about NCIC and its consultants, and information about one of NCIC’s contracts. NCIC addressed the parts of the complainant’s request: releasing information it holds,…

The complainant has requested budgetary information from the Metropolitan Police Service (the “MPS”). The MPS advised that to comply with the request would exceed the appropriate limit at section 12 of the FOIA. The complainant did not consider that the MPS had provided him with adequate advice and assistance about his request, as required under…

The complainant has requested complaint-related information from the Metropolitan Police Service (the “MPS”). Having initially cited exemptions to the request, it was revised by the complainant and the MPS subsequently advised that to comply with it would exceed the appropriate limit at section 12 of the FOIA. The complainant did not consider that the MPS…

The complainant requested information from the Committee on Climate Change (“the CCC”) which related to the CCC’s publication Net Zero – The UK’s contribution to stopping global warming. Specifically, he requested spreadsheets that had been used to compile information on a document which the CCC had provided to him in response to an earlier request.…

The complainant requested from Manchester City Council (‘the Council’) information relating to land between Millbank Street and Store Street. The Council disclosed some information to the complainant and withheld other information under regulation 12(5)(f) (interests of the information provider) of the EIR. The Commissioner finds that the Council breached regulation 11(4) of the EIR by…

The complainant has requested information regarding an outline application for the building of nine dwellings. South Cambridgeshire District Council answered some questions. It also explained that it did not hold some of the requested information, citing regulation 12(4)(a) (information not held at the time of the request) of the EIR. The Commissioner’s decision is that…

The complainant requested planning related information in relation to a proposed housing scheme. Somerset County Council (the ‘Council’) provided some information but withheld the remainder citing Regulation 12(4)(e) of the EIR, the exception for internal communications. During the course of the Commissioner’s investigation, the Council revisited the withheld information and subsequently disclosed a letter and…

The complainant has requested information from Scottish Power Energy Networks (“SPEN”) relating to the Kype Muir wind farm power cable project. SPEN provided a quantity of information over a period of time but withheld some information under the exceptions at Regulations 12(4)(a), 12(4)(c) and later 12(5)(e). The Commissioner’s decision is that SPEN has correctly cited…

The complainant has requested information about the sale of a piece of Council-owned land. The Council provided some information, stated some information was not held, and withheld some information under regulations 12(4)(e), 12(5)(b) and 13 of the EIR.  The Commissioner’s decision is that the Council was entitled to rely on the exceptions cited in respect…

The complainant has requested a telephone number for the Head of the FOI Team at the Ministry of Housing Communities and Local Government (the MHCLG). The MHCLG refused the request on the basis that section 40(2) of the Act applies (personal data). The Commissioner’s decision is that the MHCLG was correct to apply section 40(2)…

The complainant has requested information about, and relating to, a specific planning application. Somerset West and Taunton Council (‘SWTC’) disclosed all the information it said that it held which fell within the scope of the request. The Commissioner’s decision is that on the balance of probabilities, SWTC has disclosed to the complainant all the information…

In a multi-part request to Transport for the North (TfN), the complainant has requested information associated with the Southern Pennines: Strategic Development Corridor. TfN initially withheld information relevant to two parts of the request under regulation 12(5)(e) of the EIR (commercial information). It addressed the remaining parts of the request as ‘normal course of business’.…

The complainant has requested information about complaints from Dicconson Group Practice (DGP), for the years 2009 to 2019. DGP did not release some of the relevant information it holds, it released other information and appeared to advise that it does not hold relevant information for two of the years requested. The Commissioner’s decision is that:…

The complainant requested information relating to a particular information governance breach. Barts Health NHS Trust (the Trust) refused to comply with the request and cited section 14(1) of the FOIA (vexatious requests) as its basis for doing so. The Commissioner’s decision is that The Trust was not entitled to rely on section 14(1) to refuse…

The complainant has requested copies of the UK Holocaust Memorial Foundation minutes. The Ministry of Housing, Communities & Local Government (the MHCLG) refused the request under section 35(1)(a) of the FOIA – formulation/ development of government policy. During the Commissioner’s initial investigations, the MHCLG amended its position and provided some information but maintained the exemption…

The complainant has requested information about an undercover police officer from the Metropolitan Police Service (the “MPS”). The MPS refused to confirm or deny whether it held the information citing sections 30(3) (investigations and proceedings) and 40(5) (personal information) of the FOIA. The Commissioner’s decision is that the MPS met with its obligations under section…

The complainant has requested legal advice relating to planning permission for a specific development.  Bassetlaw District Council refused the request, citing the exemption for legal professional privilege – section 42 of the FOIA.  The public authority subsequently reconsidered the request under the EIR and applied the exception for the course of justice (regulation 12(5)(b)) to…

The complainant has requested a copy of a data sharing agreement between the Department for Work and Pensions (DWP) and Greater Manchester Police (GMP). The Commissioner’s decision is that DWP does not hold the requested information. The Commissioner does not require DWP to take any steps.  Powered by WPeMatico

Through three, multi-part requests the complainant requested information associated with car parking matters.  Richard Huish College (‘the College’) released some information and released further information during the course of the Commissioner’s investigation. The Commissioner’s decision is as follows:  The College breached section 10(1) of the FOIA as it did not communicate to the complainant all…

The complainant has requested information on the awarding of a contract, including the options report, valuation report and legal advice. East Suffolk and North Essex NHS Foundation Trust (“the Trust”) provided some information but refused to provide the remaining information on the basis of the exceptions at regulation 12(5)(b) and 12(5)(e). The Commissioner’s decision is…

1. The complainant has requested information about noise mitigation measures in relation to a planning application. South Buckinghamshire District Council explained that it did not hold the requested information. 2. The Commissioner’s decision is that, on the balance of probabilities, South Buckinghamshire District Council does not hold the requested information. She therefore considers that it…

The complainant has requested information from the Council regarding a concern submitted by an individual about a dog at the complainant’s property.  The Council refused to disclose the requested information, citing sections 30, 40 and 41 of the FOIA as a basis for non-disclosure.  The Commissioner’s decision is that the Council correctly applied section 40…

The complainant has requested the names of the examiners who assessed the PhD thesis of President Tsai Ing-wen, the President of the Republic of China, and the date on which the thesis was assessed.  The University of London (‘the University’) has withheld the information under section 40(2) of the FOIA as it considers it to…

The complainant has requested correspondence exchanged with two particular hunts. The Forestry Commission refused the request as manifestly unreasonable. The Commissioner’s decision is that the Forestry Commission has failed to demonstrate why Regulation 12(4)(b) of the EIR is engaged and is therefore not entitled to rely on the exception. The Commissioner requires the Forestry Commissioner…

The complainant has requested minutes from a round table discussion between the shipping industry and government ministers. The Department for Transport (DfT) provided a list of attendees but withheld the contents of the minutes under section 35(1)(a) – formulation and development of government policy and section 35(1)(d) – operation of a Ministerial private office. The…

The complainant has requested information about Humberside Police’s policies and procedures relating to Body Warn Video. The Commissioner’s investigation established that Humberside Police held information falling within the scope of the request which it did not disclose when responding to the request. The Commissioner’s decision is, therefore, that by failing to disclose information which was…

The complainant has requested information from Bristol City Council (“the Council”) regarding money spent resurfacing an area of road outside the Mayor’s home address. The Council refused the request as vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that the request was vexatious and the Council was therefore entitled to rely on…

The complainant requested information relating to a review of sentencing policy. The Ministry of Justice (MoJ) refused to provide the requested information, citing section 35(1)(a) (formulation of government policy) of the FOIA. The Commissioner’s decision is that the MoJ was entitled to apply the exemption at section 35(1)(a) of the FOIA and that the public…

The complainant has requested information relating to an Employment Tribunal hearing. Stockport Metropolitan Borough Council did not comply with the request, citing section 14(1) (Vexatious requests) of the FOIA. The Commissioner’s decision is that Stockport Metropolitan Borough Council has applied section 14(1) appropriately. However, she considers that it has breached section 10(1) (Time for compliance)…

The complainant has requested University Programme Approval Committee records, meeting records and information about an exemption in City, University of London’s Senate Regulations. City, University of London (‘City’) released some information (redacting personal data under section 40(2) of the FOIA) and advised it had been unable to locate other relevant information – a particular report.…

The complainant requested information about council-owned blocks. The London Borough of Enfield provided some information but refused to provide the remainder because it stated that the information was already reasonably accessible to the complainant. The Commissioner’s decision is that the London Borough of Enfield is entitled to rely on section 21 of the FOIA to…

The complainant requested a copy of the notes of an interview with an outgoing Chief Executive. The Financial Conduct Authority initially withheld the requested information, citing sections 40(2) and 44 of the FOIA, before latterly noting that some of the information was already in the public domain. The Commissioner’s decision is that the FCA failed…

The complainant has requested addresses, postcodes and unit ownership information about local authority-owned blocks. The London Borough of Havering provided some information but withheld the full addresses and postcodes which it believed were the personal data of the homeowners. The Commissioner’s decision is that the London Borough has not applied section 40(2) of the FOIA…

The complainant has requested information about council-owned blocks. The London Borough of Croydon provided a significant quantity of information but withheld some low numbers which, it stated, could not be disclosed without revealing personal data. The Commissioner’s decision is that the London Borough of Croydon has not applied section 40(2) of the FOIA correctly to…

The complainant has requested information with regards to how a reserve fund will be spent. Edith Weston Parish Council (the council) confirmed, after its internal review, that it does not hold the requested information. The Commissioner’s decision is that on the balance of probabilities, the information is not held. The Commissioner does not require the…

The complainant has requested all of the information held by Bristol City Council (the council) that relates to a dispute over a particular barge, and also the council’s proposed purchase of that barge. The council refused to comply with the request on the grounds that it would exceed the cost of compliance to do so…

The complainant submitted a five-part request for information regarding infill at the northern end of West Waterloo Docks in Liverpool. Liverpool City Council (the Council) provided some information in response to the request and confirmed that some information was not held. However, the Commissioner finds that the information provided by the Council did not fall…

The complainant requested information relating to details of the company, or companies, providing private security to a Cheshire Hunt. Cheshire Constabulary refused to comply with the request on the grounds that it would exceed the appropriate limit at section 12(2) (cost of compliance) of the FOIA to confirm or deny whether it held the requested…

The complainant requested information, in a four-part request, relating to meetings Hampshire Police held with the Hampshire Police and Crime Commissioner, together with details of complaints / allegations, associated correspondence and actions taken. Hampshire Constabulary provided some of the requested information. It refused to provide the remainder citing section 12(1) of FOIA, as to do…

The complainant has requested information about the ‘Empowering mothers against radicalisation’ project funded by Manchester City Council.  The Council provided some information but refused the remainder citing sections 24(1) – national security and 43(2) – commercial interests of the FOIA.  On review the Council maintained its reliance on section 24(1) and added section 38(1) –…

The complainant has requested information about false passports from the Home Office (the “HO”). The HO 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 the HO was entitled to rely on section 12(1) of the FOIA. She does however find…

The complainant has requested information about a government-led national drugs strategy from Sunderland City Council (“SCC”). The Commissioner’s decision is that, based on the civil standard of the balance of probabilities, SCC does not hold the requested information. No steps are required. Powered by WPeMatico

The complainant has requested from Great Wakering Parish Council (“the Council”), information in relation to complaints made about the local burial ground. The Commissioner’s decision is that the Council does not hold the requested information. However, by failing to confirm this to the complainant within the statutory time period of 20 working days, the Council…

The complainant has requested Nuffield College (the college) to disclose any documents relating to work undertaken by Professor Duch with Cambridge Analytica (CA) relating to Argentina in 2015 and any other projects with CA and SCL Elections Ltd (SCL) during 2014-2018. The college refused to comply with the request, advising the complainant that it does…

The complainant has requested information from Oldham Council (“the council”) regarding details of residential properties that it owns. The Commissioner’s decision is that the council was entitled to withhold part of the requested information under section 40(2) of the FOIA – third party personal data. The Commissioner does not require the council to take any…

The complainant requested from West Berkshire Council (“the Council”) information regarding the agenda papers and minutes of the Environment Advisory Group (EAG) and the Transport Advisory Group (TAG). The Council responded to the request under the FOIA. It withheld the information under sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) (prejudice to the effective conduct of public affairs)…

The complainant requested the circulation list for reports produced by the Extremism Analysis Unit. The Home Office refused to provide the requested information, citing sections 31(1)(a) (law enforcement) and 40(2) (personal information) of the FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 31(1)(a) and that the public interest…

The complainant has requested information from the Council regarding a Penalty Charge Notice (PCN) that the Council issued against itself in respect of one of its own vehicles. The Council refused to disclose the requested information, citing section 40 of the FOIA as a basis for non-disclosure. 2. The Commissioner’s decision is that the Council…

The complainant requested information about the implementation of Project Servator. Dyfed Powys Police provided some information, but withheld other information under sections 24 and 31 of the FOIA. It also refused to confirm or deny whether it held other information by virtue of section 23(5) of the FOIA. The Commissioner’s decision is that Dyfed Powys…

The complainant has requested information with regards to a Library and Community Hub, a Trust and two named Councils. Desborough Town Council (the council) refused both the initial request and refined request under section 12(1) of the FOIA – appropriate limit. The Commissioner’s decision is that section 12(1) of the FOIA is engaged and that…

The complainant requested information from South Kesteven District Council (SKDC) about legal opinions and other legal documents and related correspondence, internal and external, that the Council had in its possession in mid-2017 regarding its opinion on its attitude to public safety in Non-Hazardous Developments. He also asked for information relating to the termination of the…

The complainant made multiple requests for information about the policing of fox hunting activities by Leicestershire Police. Leicestershire Police decided that the requests were vexatious and refused to comply with them, relying on the section 14(1) (vexatious requests) FOIA exemption. The Commissioner’s decision is that the requests were vexatious and that Leicestershire Police had acted…

The complainant has requested information relating to an investigation carried out by the council into a charity, Help Bristol’s Homeless. The council provided some information, however it withheld other information on the basis that section 40(2) and section 31(1)(g) applied. The Commissioner’s decision is that the council was correct to apply section 31(1)(g) to withhold…

Cambridge University Press (‘the Press’) is the publishing business of the University of Cambridge. Although it is operationally separate from the Academic University – having its own executive board, HR, IT, legal and finance departments – it is not corporately separate from the University (eg a trading subsidiary). As such, although this decision notice is…

The complainant requested photographs of a neighbouring property taken by the Aylesbury Vale District Council (AVDC) when assessing whether it met with permitted development rules. He also requested copies of the notes written by officers assessing the development. He considers that the council may not have assessed the development properly. The council applied Regulation 12(4)(b)…

The complainant has requested information relating to a specific Parish Council and the Cabinet Office. Initially the Cabinet Office advised that it held information but that it required further time to consider the public interest in respect of section 42 (legal professional privilege exemption). It sent a second letter to the complainant saying the same…

The complainant requested from Newcastle City Council (‘the Council’) information relating to communications about the removal of the Nakba exhibition. The Council provided responses to some parts of the request and withheld information within the scope of the remaining parts of the request under section 41(1) (information provided in confidence) of the FOIA. The Commissioner’s…

The complainant has requested information regarding an agreement to swap land between Wimbledon and Putney Commons Conservators (WPCC) and a neighbouring Golf Club. WPCC refused to comply with the request on the basis that it was ‘manifestly unreasonable’ and cited regulation 12(4)(b). The Commissioner’s decision is that WPCC is entitled to rely on regulation 12(4)(b)…

The complainant has requested communications sent between Hastings Borough Council (the council), and the owners of a local caravan park about a ‘joint cost survey’ into the stability of land which was affected by a landslip. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) as its basis for withholding…

The complainant requested from Wiltshire Council (‘the Council’) information relating to a housing association. The Council refused to disclose the requested information and cited section 42(1) (legal professional privilege) of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that the Council was entitled to rely on the exemption at section 42(1) of…

The complainant requested copies of correspondence sent between a named officer at Hastings Borough Council (the council) and a geotechnical engineering company within a specified time period. Whilst the council provided the complainant with copies of some emails, it redacted certain information which it regarded to fall outside the scope of the request. During the…

The complainant has requested contract values and related information about its 11-plus testing from the Centre for Evaluation and Monitoring (“CEM”) of the University of Cambridge (the “university”). The university withheld the requested information under section 43(2) of the FOIA as it considered release to be commercially prejudicial. The Commissioner’s decision is that the university…

The complainant requested information about parking issues. Wiltshire Police did not comply with the request, citing section 14(1) (Vexatious request) of the FOIA. The Commissioner’s decision is that Wiltshire Police has applied section 14(1) of the FOIA appropriately. The Commissioner does not require Wiltshire Police to take any steps as a result of this decision.…

The complainant asked the Foreign and Commonwealth Office (FCO) for information about a request from the United Nations (UN) request to certain member states to appoint an independent and high ranking official to review relevant files they may hold about the plane crash that killed UN Secretary General Dag Hammarskjold in 1961. The FCO confirmed…

The complainant has requested information on a whistleblowing concern sent to the CQC. The CQC withheld some of the information on the basis of section 40(2), 44(1)(a) and 31(1)(g). The CQC also refused to confirm or deny if some of the information was held under the exclusions at these same exemptions. The Commissioner’s decision is…

The complainant requested information relating to a decision to house sex offenders at Hollesley Bay open prison in Suffolk. The Commissioner’s decision is that the Ministry of Justice (MoJ) has appropriately applied the exemption at section 35(1)(a) (formulation of government policy) of the FOIA. However, the public interest favours disclosure of some of the withheld…

The complainant requested information relating to a court case involving Surrey Police. Surrey Police provided some information within the scope of the request, but refused to provide the remainder, citing section 40(2) (personal information) of the FOIA. The Commissioner investigated Surrey Police’s application of section 40(2) to the withheld information within the scope of part…

The complainant requested information relating to an investigation into a fatal shooting. The Independent Office for Police Conduct (IOPC) refused the request as vexatious. The Commissioner’s decision is that the request was vexatious and therefore the IOPC was entitled to rely on section 14(1) (vexatious request) of the FOIA to refuse it. The Commissioner requires…

The complainant has requested information held by the Ministry of Housing, Communities and Local Government (the MHCLG) relating to a submission regarding the development of a garden community/village in his area. The MHCLG initially refused the request, applying section 35(1)(a) of FOIA (formulation and development of government policy). However, it subsequently provided information. The complainant…

The complainant requested information regarding applications submitted to participate in the Non-Domestic Renewable Heat Incentive Scheme (the scheme). Ofgem refused the request under regulation 12(4)(b) of the EIR (manifestly unreasonable). The Commissioner’s decision is that Ofgem was entitled to refuse the request under regulation 12(4)(b). The Commissioner finds that the public interest lies in maintaining…

The complainant has requested information from Halton Borough Council which concerns live business rates accounts with a value greater than or equal to £5,000. The Council has refused the complainant’s request in reliance on section 40(2) of the FOIA on the grounds that the information is the personal data of third parties, and also in…

The complainant has requested information about the council’s award of contract to a company, Avanti School’s Trust (AST), to run a school in the county. The council provided the majority of the information however it withheld some information from disclosure, applying section 43(2) (prejudice to commercial interests), and section 40(2)(personal data). The Commissioner’s decision is…

The complainant has requested information relating to certain comments that were included in correspondence sent by Hastings Borough Council (the council) to the Local Government Ombudsman (the LGO). The complainant has confirmed that he has now received the information that he required. However, the Commissioner has found that the council has breached regulation 5(2) of…

The complainant has requested correspondence that relates to a Planning Contravention Notice (PCN) issued by Hastings Borough Council (the council). The council refused the request under regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) as its basis for withholding the requested information, and the…

The complainant has requested the audio recording of a Professional Conduct Panel hearing into a case against five teachers. The request was refused by the Department for Education (the DfE) under section 40(2), 31(2) and 14 of the FOIA. The Commissioner’s decision is that the public authority has correctly applied the section 40(2) exemption to…

The complainant has requested information about council-owned buildings. The London Borough of Barnet provided some information but the complainant argued that it was not what she asked for. The Commissioner’s decision is that the London Borough has complied with its duty under section 1(1)(b) of the FOIA because it has provided the information which it…

The complainant requested copies of photographs taken of signage in a particular car park. The Commissioner’s decision is that Carmarthenshire County Council (‘the Council’) failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. However, as the Council has now provided the complainant with a response,…

The complainant has requested information regarding animal right activists. The Attorney General’s Office did not comply with the request, citing section 12(1) (costs exceeding the cost limit) of the FOIA. The Commissioner’s decision is that although section 12 of the FOIA applies, the Attorney General’s Office should have applied section 12(2) (‘neither confirm nor deny’…

The complainant submitted two requests for information to Oldham Metropolitan Borough Council (the Council) in relation to car parking matters managed by the Council and data held by the Council regarding equality. In relation to the first request, the Council provided some information, but refused to comply with the remainder of the request under section…

The complainant has requested email correspondence between a law firm and University College London (UCL) about an academic at UCL. UCL has disclosed some relevant information and has withheld the remainder under section 36 (prejudice to the effective conduct of public affairs) and section 41 (information provided in confidence) of the FOIA.  UCL had originally…

The complainant requested information relating to the sale of a specific car number-plate. The Commissioner’s decision is that North Yorkshire Police failed to respond to the request within 20 working days and therefore breached section 10(1) (time for compliance with request) of the FOIA. As the response has been provided, the Commissioner does not require…

The complainant made a multi-part request for information relating to correspondence between the Home Office and the Duke and Duchess of York about Mr Jeffrey Epstein. The Home Office refused to comply with the request on the grounds that it would exceed the cost of compliance to do so (section 12 of the FOIA). The…

The complainant has requested information relating to ECT, serious incidents, restraints and seclusion. The Trust provided information relating to ECT but refused to comply with the requests relating to serious incidents, restraints and seclusions as it said it would exceed the cost limit under section 12 FOIA to do so. The Commissioner’s decision is that…

The complainant has requested information with regards to a public service contract. Wakefield Council (the council) refused the request relying on section 43(2) of the FOIA – commercial interests – and section 36 of the FOIA – Prejudice to effective conduct of public affairs. During the Commissioner’s investigations the council provided a redacted version of…

The complainant requested from North Lincolnshire Council (the Council) information in relation to a planning application. The Council provided some information and stated that it did not hold the remainder. The Commissioner’s decision is that the Council has, on the balance of probabilities, disclosed all the information it held within the scope of the request,…

The complainant has requested information held by Hastings Borough Council (the council) that relates to proposals for a water drainage system following landslips in Hastings Country Park. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) as its basis for withholding some of the requested information, and the public interest…

The complainant has requested information relating to “criticised experts” or equivalent lists (parts 1 and 2 of the request) and particular guidance documents (parts 3-5 of the request). The CCRC provided information in response to parts 3-5 of the request but made some minimal redactions to third party personal data contained within its guidance under…

The complainant requested information relating to a noise abatement notice served by Sheffield City Council (the Council) on one of its residents. The Council refused to provide the requested information, citing Regulation 13(1) (personal information) of the EIR. The Commissioner’s decision is that Regulation 13(1) was applied correctly. The Commissioner requires no steps to be…

The complainant has requested a list of schools and trusts receiving loans or grants from the Education and Skills Funding Agency (ESFA) along with the amount of any financial assistance and terms of any repayment. The request was refused under section 36(2)(c) of the FOIA. The Commissioner’s decision is that the public authority has correctly…

The complainant requested information from Aylesbury District Council (“the Council”), which now forms part of the new Buckinghamshire Council, about the date that a change to the council tax banding for a specific property was approved. The Council initially considered that the request was not a valid request for the purposes of the FOIA. Following…

The applicant has requested information relating to a complaint made to the Architects Registration Board (ARB). The Commissioner’s decision is that ARB has correctly cited section 14(1) (vexatious requests) in response to the request. The Commissioner does not require the public authority to take any steps as a result of this decision notice. Powered by…

The complainant has requested information regarding an alleged breach of the Insolvency Rules. The Insolvency Service relied on section 21 of the FOIA (reasonably accessible) and section 40(2) of the FOIA (third party personal data) to withhold information. The Commissioner’s decision is that any information the Insolvency Service held within the scope of the request,…

The complainant has requested copies of correspondence which has passed between Cheshire East Council and Jodrell Bank Observatory in respect of certain planning applications identified in her request. The Council identified 10 letters and 2 emails which it refused to disclose to the complainant in reliance on Regulation 12(4)(e) of the EIR. Following the Commissioner’s…

The complainant has requested information from the DVLA on vehicles that have been charged double payments for vehicle road fund licences. The DVLA initially stated this information was not held but after discussions with the Commissioner accepted that the information may be held but stated that it would exceed the appropriate cost limit to comply.…

The complainant has made a seven part request for information relating to the disciplinary procedure and subsequent appeal carried out by the University Council (the University) following a complaint in April 2018 regarding a group chat involving students at the University. The University refused to provide information falling within the scope of parts five a),…

The complainant requested from Guildford Borough Council (the Council) information relating to empty, abandoned and/or derelict dwellings within the borough of Guildford. The Council withheld the information under section 31(1)(a) (prevention or detection of crime) of the FOIA. The Commissioner’s decision is that the Council correctly applied section 31(1)(a) of the FOIA to the information.…

The complainant has requested financial information from Slough Children’s Services Trust (“SCST”). SCST has advised that it is not a public authority for the purposes of the FOIA. It has therefore refused to respond to this request under the FOIA. The Commissioner’s decision is that SCST is not a public authority for the purposes of…

The complainant has requested information provided to Hastings Borough Council (the council) by geotechnical engineers about the causes, and possible stabilisation, of a landslip which had occurred in the local area. The Commissioner’s decision is that the council is entitled to withhold that information which has been identified as being relevant to the complainant’s request.…

The complainant has requested information in relation to a planning application. During the Commissioner’s investigation, South Hams District Council disclosed the requested information. The Commissioner’s decision is that South Hams District Council has complied with regulation 11(4) (Representations and reconsideration) of the EIR. However, the Commissioner considers that South Hams District Council has breached regulations…

The complainant has requested information relating to development of a facility for online and Post Office service for customers entitled to the reduced rate of vehicle tax.  DVLA refused to disclose some of the requested information under section 35(1)(a) FOIA. The Commissioner’s decision is that section 35(1)(a) FOIA was applied correctly to the withheld information. …

The complainant has requested Cambridgeshire and Peterborough Clinical Commissioning Group (the CCG) to disclose information relating to an IT trainer vacancy; information including the application forms and supporting information of all those shortlisted, the completed interview question, answer sheets and scorecards for those shortlisted, whether the preferred candidate had previous NHS experience or connections with…

The complainant has requested information about ‘Leaving Neverland: Michael Jackson and Me’ – a documentary that had been broadcast on Channel 4. Ofcom has withheld information the complainant has requested under section 44(1) of the FOIA (prohibitions on disclosure). The Commissioner’s decision is as follows: The information Ofcom is withholding is exempt from disclosure under…

The complainant requested from Beccles Town Council (the Council) information regarding the legal advice relating to parking on Beccles Common. The Council refused the request under section 42(1) (legal professional privilege) of the FOIA. During the Commissioner’s investigation the Council reconsidered the request under the EIR and applied the exceptions for material in the course…

The complainant has requested information from Westminster City Council (“the Council”) regarding costs and details of work completed on a specific property in the borough. The Council responded to say it has provided the information it held within the scope of the request but the complainant believes that there is more. The Commissioner’s decision is…

The complainant has requested information regarding animal right activists. The Attorney General’s Office did not comply with the request, citing section 12(1) (costs exceeding the cost limit) of the FOIA. The Commissioner’s decision is that although section 12 of the FOIA applies, the Attorney General’s Office should have applied section 12(2) (‘neither confirm nor deny’…

The complainant has requested the publication details for two ‘Article 13’ planning application notices. The Commissioner’s decision is that on the balance of probabilities, Arun District Council has located all the information held in scope of the request. The Commissioner does not require any steps. Powered by WPeMatico

The complainant submitted a request to the Cabinet Office seeking information about the UK’s funding of certain projects in Bahrain. The Cabinet Office confirmed that it held some information falling within the scope of the request but considered this to be exempt from disclosure on the basis of sections 27(1)(a), (c) and (d) (international relations)…

The complainant submitted a request to the Foreign and Commonwealth Office (FCO) seeking information about the UK’s funding of certain projects in Bahrain. The FCO confirmed that it held some information falling within the scope of the request but considered this to be exempt from disclosure on the basis of sections 27(1)(a), (c) and (d)…

The complainant requested from the Ministry of Housing, Communities and Local Government (MHCLG) information relating to the outcome of a consultation process conducted by the MHCLG on plans for local government re-organisation in Northamptonshire. The MHCLG refused to provide the information held initially citing section 22(1) of the FOIA (information intended for future publication) and…

The complainant has requested information from the Department regarding security arrangements for a Tribunal matter. The Department stated that it did not hold some of the requested information, and refused to disclose the remainder, citing section 32 of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that the Department does not hold…

The complainant has requested the Care Quality Commission (CQC) to disclose all the information it holds relating to production and subsequent withdrawal of fixed penalty notices issued at three locations. Initially, the CQC refused to confirm or deny if the recorded information is held citing section 44(2) of the FOIA. During the Commissioner’s investigation, however,…

The complainant has requested information relating to the data analysis reports produced for the Pay Consistency Panel (PCP) and the pay progression assessments that were revised. The ICO disclosed some information but refused to disclose the remainder, citing sections 22 and 40 of the FOIA. During the Commissioner investigation, the ICO withdrew its application of…

The complainant has requested information held by Hastings Borough Council (the council) relating to comments which have been included within particular correspondence sent to the Local Government and Social Care Ombudsman. The Commissioner is satisfied that, on the balance of probabilities, the council does not hold any information in addition to that which is already…

The complainant has requested information relating to specific planning applications. Mid Sussex District Council disclosed some information and withheld other information under the exceptions for internal communications (regulation 12(4)(e)) and the course of justice (regulation 12(5)(b)).  During the Commissioner’s investigation the public authority dropped its reliance on exceptions and disclosed the previously withheld information to…

The complainant has requested a safety report relating to Redcliffe Bay Petroleum Storage Depot. The Health and Safety Executive (HSE) disclosed some information but withheld other information under the exceptions provided by regulation 13 – personal information, and regulation 12(5)(a) – adverse affect to national security and public safety. The complainant has not challenged the…

The complainant has requested information relating to tendering bids made for a procurement exercise carried out by the council. The council disclosed some information, however, it withheld other information on the basis that the exemptions at section 43(1) (trade secrets), section 41 (information provided in confidence) and section 40(2) (personal data of third parties) applied.…

The complainant has requested information about non-disclosure agreements (NDAs) relating to the UK’s exit from the EU. DHSC refused to disclose the requested information under section 35(1)(a) FOIA. The Commissioner’s decision is that section 35(1)(a) FOIA was applied incorrectly to some of the withheld information.  The Commissioner requires the public authority to disclose the NDAs…

The complainant has requested information relating to the painting of road markings at a specific location. Lancashire County Council disclosed some information and confirmed that no further information was held. The Commissioner’s decision is that Lancashire County Council wrongly handled the request under the EIR and breached regulation 5(1) but that it disclosed all the…

The complainant requested a copy of a contract between The Royal Borough of Greenwich and a consortia comprising of Lovell Partnerships Limited, Morgan Sindall Group Plc and Asra Housing Association Limited in relation to the redevelopment of 3 housing estates collectively referred to as the Woolwich Estates. The public authority disclosed a significant amount of…

The complainant requested information from the Department for Transport (DfT) relating to complaint letters sent to Chris Grayling, former Secretary of State for Transport. DfT stated that it did not hold a central list of such cases and to conduct a manual search for the information requested would exceed the cost limit under the FOIA.…

The complainant has requested addresses, postcodes and unit ownership information about local authority-owned blocks. The Royal Borough of Greenwich provided some information but withheld the full addresses and postcodes which it believed were the personal data of the homeowners. The Commissioner’s decision is that the Royal Borough has not applied section 40(2) of the FOIA…

The complainant has requested information from the Independent Office for Police Conduct about complaints it had received. The Independent Office for Police Conduct answered some questions and applied sections 12(1) (cost of compliance exceeds appropriate limit) and 21(1)( Information accessible to applicant by other means) of the FOIA, to the remainder. The Commissioner’s decision is…

The complainant has requested information, plans and reports relating to the approach and throat section to the North-West of Euston Station. High Speed Two Limited (HS2) initially responded that there was no information for some parts of the request and applied Regulation 12(5)(d), material which is still in the course of completion, to the remaining…

The complainant has requested a Habitat Survey relating to a specific planning application.  West Berkshire District Council withheld the information under the exception for the protection of the environment – regulation 12(5)(g).  The Commissioner’s decision is that West Berkshire District Council has correctly withheld the requested information under regulation 12(5)(g).  The Commissioner does not require…

The complainant has requested a copy of a report held by Hastings Borough Council (the council) which relates to a proposed investigation into the stability of a particular area of land that has been affected by landslips. The council refused the request under regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the council…

The complainant has requested information from Gateshead Council (the Council) relating to allegations made about him. The Council advised that the information is his own personal data and is therefore exempt under the FOIA, citing section 40(1). The Commissioner’s decision is that the Council has correctly applied the exemption. The Commissioner therefore does not require…

The complainant has requested information about joint-funded care packages. Essex County Council provided some information and stated it had provided all the information it held. The Commissioner’s decision is that, on the balance of probabilities, the Council has provided all the information it held within the scope of the request. However, she also considers that…

The complainant submitted a request to the Ministry of Defence (MOD) seeking a number of files concerning the nuclear programme. The MOD explained that it only held a number of the requested files, the remainder still being held at The National Archives pending their return to the MOD as part of a security review. Of…

The applicant has requested information relating to registration numbers of pre-owned commercial vehicles and the company names.         The Commissioner’s decision is that DVLA has correctly cited section 12 of the FOIA in response to the request. The Commissioner does not require the public authority to take any steps. Powered by WPeMatico

The complainant has requested information about how HM Revenue & Customs dealt with individuals involved with a particular tax avoidance scheme. HMRC refused to confirm or deny holding information as it claimed that to do so would breach the Commissioners for Revenue and Customs Act 2005 (CRCA) and therefore it was entitled to rely on…

The complainant requested various information, including information regarding the planning, tendering, construction and payment for repair works due to be carried out on two footpaths. Bethersden Parish Council (the Council) initially refused the request under section 12 of the FOIA. During the course of the Commissioner’s investigation, it subsequently refused the request under regulation 12(4)(b)…

The complainant requested from Northaw and Cuffley Parish Council information in relation to correspondence sent from or to parish councillors during a specific period of time. The Council provided the information it considered to be held within the scope of the request. The complainant believed that further information should be held. The Commissioner’s decision is…

The complainant has requested information about salary and bonus payments to staff at Senior Level 1 and above. Highways England refused to disclose some of the requested information citing section 22 which was intended for future publication and the remaining information was withheld under section 43(2) FOIA. The Commissioner’s decision is that Highways England was…

The complainant has requested correspondence from Fyfield and West Overton Parish Council (“the Council”) about a specific planning application. The Council refused the request under section 14(1) of the FOIA and also referred to the cost of compliance. After considering whether the request may fall to be considered under the EIR, the Council refused it…

The complainant has requested information on the volume of cases submitted to NHS Resolution’s Practitioner Performance Advice Service in connection to the Royal Berkshire Hospital NHS Foundation Trust.  NHS Resolution (NHSR) says it does not hold information falling within the scope of two parts of the request.  It has released some relevant information and is…

The complainant has requested information held by Hastings Borough Council (the council) which relates to an invoice that it had received for work undertaken by a third party company in connection to a site licence. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) of the EIR as its basis…

The complainant has requested information from the FOS in the form of recorded estimates as to how much time was spent on his complaint to it and information regarding the qualifications of the specific ombudsman who dealt with the complaint.  The FOS stated that it did not hold recorded information in relation to time estimates,…

The complainant requested information about a political visit to Yorkshire. The Commissioner’s decision is that the Home Office failed to complete its deliberations on the balance of the public interest within a reasonable time and therefore breached section 17(3) of the FOIA. The Commissioner requires the Home Office to complete its deliberations under section 17(3)…

The complainant requested information about a political visit to Yorkshire. The Commissioner’s decision is that the Home Office failed to complete its deliberations on the balance of the public interest within a reasonable time and therefore breached section 17(3) of the FOIA. The Commissioner requires the Home Office to complete its deliberations under section 17(3)…

The complainant requested emails containing a particular subject line. The London Borough of Hammersmith and Fulham had failed to respond to the request at the date of this notice. The Commissioner’s decision is that the London Borough failed to respond to the request within 20 working days and has therefore breached section 10 of the…

The complainant submitted a follow up request to an earlier request about an immigration raid. The Home Office had failed to issue a substantive response to the request at the date of this notice. The Commissioner’s decision is that the Home Office failed to respond to the request within 20 working days and has therefore…

The complainant has requested information relating to UCAS grade predictions. The Commissioner’s decision is that Langley Grammar School (the School) has incorrectly cited section 14(2) of the FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response without reliance on section 14(2). The…