Decision notices
Showing 1 to 25 of 22,038
Commissioner of Police for the City of London
12 Jul 2024, Police and criminal justice
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 30 calendar days in accordance with its obligations under FOIA.
FOI 10: Complaint not upheld
Royal College of Music
12 Jul 2024, Education
In a two part request, the complainant has requested from the Royal College of Music (RCM) consultation material associated with the Universities and Colleges Employers Association (UCEA) and email correspondence. RCM refused to disclose the requested information, citing section 41(1) of FOIA which concerns information provided in confidence. The Commissioner’s decision is that RCM was entitled to rely on section 41(1) of FOIA to withhold the information requested in part one of the complainant’s request. The Commissioner doesn’t require any steps as a result of this decision notice.
FOI 41(1): Complaint not upheld
Brighton and Hove City Council
12 Jul 2024, Local government
The complainant requested information from Brighton and Hove City Council (“the Council”) relating to the Valley Gardens bus gates. The Commissioner’s decision is that with the exception of information located by the Council during the course of his investigation, on the balance of probabilities the Council does not hold further information within the scope of the request. He also finds the Council breached section 10(1) (time for compliance) by failing to respond to the request within the statutory timeframe of 20 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. The Council must either disclose the information located during the course of the Commissioner’s investigation, or issue an appropriate refusal notice which complies with FOIA. The Council must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Complaint upheld FOI 1: Complaint upheld
London Borough of Hackney Council
12 Jul 2024, Local government
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 30 calendar days in accordance with its obligations under FOIA.
FOI 10(1): Complaint upheld
Rotherham Metropolitan Borough Council
12 Jul 2024, Local government
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 35 calendar days in accordance with its obligations under FOIA.
FOI 10(1): Complaint upheld
Secretary of State for Defence (Ministry of Defence)
12 Jul 2024, Central government
The complainant submitted a request to the Ministry of Defence (MOD) seeking information a copy of a particular US memorandum of understanding and a copy of a particular NATO doctrine. The MOD provided some of the information falling within the scope of the request but sought to withhold the remainder on the basis of sections 27(1)(a) and 27(1)(b). The Commissioner’s decision is that withheld information in question is exempt on the basis of each exemption and that for each exemption the public interest favours withholding the information.
FOI 27: Complaint not upheld
St Albans Parish Council
11 Jul 2024, Local government
The complainant has requested from St Albans City and District Council (“the Council”), information about reports of rat problems in neighbouring properties. The Council provided a general explanation of its investigation of the reports but it refused to disclose the recorded information it held, citing regulation 13(1) (Personal data) of the EIR. The Commissioner’s decision is that the Council was entitled to apply regulation 13(1) of the EIR to refuse the request.
EIR 13(1): Complaint not upheld
Devon County Council
11 Jul 2024, Local government
The complainant requested information in relation to a footpath. Devon County Council (the council) refused the request under regulation 12(4)(b) of the EIR as manifestly unreasonable. The Commissioner’s decision is that regulation 12(4)(b) is not engaged. The Commissioner requires the council to take the following steps to ensure compliance with the legislation. Issue a fresh response to the complainant in accordance with the EIR, without relying on regulation 12(4)(b) of the EIR. The council must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
EIR 12(4)(b): Complaint upheld
Causeway Coast and Glens Borough Council
11 Jul 2024, Local government
A public authority will breach section 10 of FOIA if it fails to respond to a request within 20 working days. Based on evidence available to the Commissioner, by the date of this notice the public authority has not issued a substantive response to this request. Therefore the Commissioner finds a breach of section 10. The public authority must provide a substantive response to the request in accordance with its obligations under FOIA.
FOI 10: Complaint upheld
Department for Work and Pensions
11 Jul 2024, Central government
The complainant has requested information in Internal Process Reviews (IPRs). The Department for Work and Pensions (DWP) withheld the information on the basis of section 21, information reasonably accessible to the applicant, and section 22, information intended for future publication. The complainant did not dispute DWP’s reliance on section 21 and 22 in respect of questions 1 and 2. The Commissioner’s decision is that DWP is not entitled to rely on section 22 to withhold the information falling within the scope of the remainder of the request. The Commissioner requires DWP to disclose the information falling within questions 3 and 4 and the request for IPR recommendations relating to Universal Credit. The public authority must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
FOI 22: Complaint upheld
Environment Agency
11 Jul 2024, Central government
The complainant has requested information about the Environment Agency’s internal enforcement policies and enforcement undertakings concerning water pollution incidents. The Environment Agency (‘EA’) relied on regulation 12(4)(b) of the EIR (manifestly unreasonable) to refuse the request. EA disclosed some of the requested information during the course of the Commissioner’s investigation but advised that this did not impact on its reliance on regulation 12(4)(b). The Commissioner’s decision is that EA was entitled to rely on regulation 12(4)(b) of the EIR to refuse the remainder of the request and that EA complied with its duty under regulation 9(1) to offer advice and assistance. However, he also finds that EA breached regulation 11 (reconsideration) of the EIR by failing to provide the complainant with the outcome of its internal review within 40 working days. The Commissioner does not require further steps.
EIR 9: Complaint not upheld EIR 12(4)(b): Complaint not upheld EIR 11: Complaint upheld
NHS England
11 Jul 2024, Health
The complainant has requested, from NHS England, information about certain projects, contracts and costs. NHS England’s position is that it has disclosed all of the information it holds within scope of the request. However, the complainant considers that NHS England holds further information within scope of the request. The Commissioner disagrees with NHS England’s interpretation of the request, and considers that NHS England didn’t identify and consider all of the information falling within scope correctly. The Commissioner requires NHS England to take the following steps to ensure compliance with the legislation: identify all of the information within the scope described in paragraph 26, and disclose it or issue a valid refusal notice. The public authority must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA, and may be dealt with as a contempt of court.
FOI 1: Complaint upheld
Rufford and Holmeswood Parish Council
11 Jul 2024, Local government
A public authority will breach section 10 of FOIA if it fails to respond to a request within 20 working days. Based on evidence available to the Commissioner, by the date of this notice the public authority has not issued a substantive response to this request. Therefore the Commissioner finds a breach of section 10. The public authority must provide a substantive response to the request in accordance with its obligations under FOIA.
FOI 10: Complaint upheld
British Film Institute
11 Jul 2024, Other
The complainant has requested information about the diversity data for all applicants to three funding programmes run by the British Film Institute. The British Film Institute (‘BFI’) provided some information but advised that it was not able to break the information down by year and specific fund as requested within the cost limit.The Commissioner’s decision is that BFI was entitled to rely on section 12(1) of FOIA to refuse the request. The Commissioner finds that BFI complied with its section 16 obligation to offer advice and assistance. The Commissioner does not require further steps.
FOI 12: Complaint not upheld FOI 16: Complaint not upheld
Buckhurst Hill Parish Council
11 Jul 2024, Local government
The complainant submitted a number of information requests spanning the period of 2022, 2023 and early in 2024 to Buckhurst Hill Parish Council (the Council) relating to Roding Valley Hall and Car Park. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold further information within the scope of the requests. The Commissioner does not require the Council to take any steps as a result of this decision.
FOI 1(1): Complaint not upheld
National Police Chiefs’ Council
10 Jul 2024, Police and criminal justice
The complainant has requested information about security / surveillance cameras imported from China, from the National Police Chiefs Council (the “NPCC”). Having initially advised that the information was not held, the NPCC revised its position and stated that to establish whether or not any information was held would exceed the cost limit at section 12(2) of FOIA. The Commissioner’s decision is that the NPCC properly relied on section 12(2) of FOIA; he also finds no breach of section 16 (Advice and assistance). The Commissioner does not require any steps.
FOI 12: Complaint not upheld FOI 16: Complaint not upheld
Channel Four Television Corporation
10 Jul 2024, Other
The complainant has requested information about overseas trips taken by Alex Mahon (Chief Executive) and Ian Katz (Director of Programmes) between 19 January 2023 and 19 January 2024. Channel Four Television Corporation (‘Channel 4’) refused the request relying on section 12 of FOIA (cost limit). The Commissioner’s decision is that Channel 4 was entitled to rely on section 12(1) of FOIA to refuse the request. The Commissioner finds that Channel 4 complied with its section 16 obligation to offer advice and assistance. The Commissioner does not require further steps.
FOI 12: Complaint not upheld FOI 16: Complaint not upheld
Billingshurst Primary School
10 Jul 2024, Education
The Commissioner’s decision is that the public authority has failed to either provide the complainant with the information requested or provide a proper refusal notice. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation. Either disclose the requested information or, to the extent that information is to be withheld, issue a refusal notice in accordance with the requirements of section 17 of the FOIA. The public authority must take this step within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
FOI 17: Complaint upheld FOI 1(1)(b): Complaint upheld
Chief Constable of Warwickshire Police
10 Jul 2024, Police and criminal justice
The complainant has requested information about a court case involving Warwickshire Hunt, from Warwickshire Police. Warwickshire Police denied holding some of the information. It advised that some information was in the public domain so was exempt by virtue of section 21(1) (Information accessible to applicant by other means) of FOIA. It directed the complainant to the Office of the Police and Crime Commissioner (the “OPCC”) for one part of the request. It advised that one part was exempt from disclosure, citing section 32(1) (Court records) of FOIA. It also withheld an email citing section 42(1) (Legal professional privilege) of FOI. The Commissioner’s decision is that Warwickshire Police was entitled to rely on the position taken regarding parts (2), (3) and (5) of the request. However, by failing to issue a timely response, Warwickshire Police breached sections 1(1) (General right of access) and 10(1) (Time for compliance) of FOIA. He finds that part (4) of the request was not responded to adequately. The Commissioner requires Warwickshire Police to issue a fresh response advising the complainant whether or not it holds any relevant information. If any information is held, this should either be disclosed or Warwickshire Police should issue a valid refusal notice explaining why it is exempt from disclosure.
FOI 42: Complaint not upheld FOI 10: Complaint upheld FOI 21: Complaint not upheld FOI 32: Complaint not upheld FOI 1: Complaint partly upheld
Barnet London Borough Council
10 Jul 2024, Local government
The complainant has requested details of CCTV footage from specific dates. The above public authority denied holding the information. The Commissioner’s decision is that, on the balance of probabilities, the public authority has not complied with section 1(1) of FOIA because it has not considered whether the information was held on its behalf. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response, to the request, on the basis that any CCTV footage held by GLL is also held on behalf of the public authority.
FOI 1: Complaint upheld
Secretary of State for the Home Department (Home Office)
10 Jul 2024, Central government
The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 30 calendar days in accordance with its obligations under FOIA.
FOI 10: Complaint upheld
University of Birmingham
10 Jul 2024, Education
The complainant has requested copies of an audit of the Guild of Students. The above public authority relied on sections 31 (law enforcement), 41 (breach of confidence) and 43 (commercial interests) of FOIA to withhold the information. The Commissioner’s decision is that only a small part of the information engages section 31 of FOIA – though where it does, the public interest favours maintaining that exemption. Where section 31 is not engaged, neither section 41 nor section 43 is engaged either. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the five documents it identified to the Commissioner as comprising the withheld information – with the exception of the second paragraph under the subheading “Positive Observations”. The public authority may also make appropriate redactions to protect personal information.
FOI 31: Complaint partly upheld FOI 43: Complaint upheld FOI 41: Complaint upheld
British Business Bank
10 Jul 2024, Other
The complainant requested information relating to emergency COVID loan schemes. British Business Bank (BBB/the Bank) provided some information and denied holding some. It refused to provide the remainder, citing sections 29 (prejudice to the national economy), 31 (law enforcement) and 43 (commercial interests) of FOIA. The Commissioner considered its application of section 43 to the withheld information. He also considered whether the Bank holds information within the scope of part 4.3 of the request. The Commissioner’s decision is that the withheld information is exempt from disclosure on the basis of section 43(2) of FOIA. He also finds that, on the balance of probabilities, the Bank does not hold information in scope of part 4.3 of the request. The Commissioner requires no steps to be taken as a result of this decision.
FOI 43: Complaint not upheld FOI 1: Complaint not upheld
Belfast Metropolitan College
9 Jul 2024, Education
The complainant requested from Belfast Metropolitan College (the College) information relating to Castlereagh Campus. The College confirmed the information requested is intended for future publication on the College’s website. It applied section 22(1) (information intended for future publication) of FOIA to the withheld information. The Commissioner’s decision is that the College was entitled to rely on section 22(1) of FOIA to withhold the information. Therefore, the Commissioner does not require the College to take any further steps as a result of this decision.
FOI 22: Complaint not upheld
Cabinet Office
9 Jul 2024, Central government
The complainant has requested information issued to sensitivity reviewers in order to carry out their work under the Public Records and National Archive Acts for the period 2021 to March 2023, with specific reference to the handling of royal matters. The Cabinet Office initially advised that the information requested was exempt under section 27(prejudice to international relations) of FOIA, subsequently revising the exemption relied upon to section 37(1)(ac)(communications with other members of the Royal Family). The Cabinet Office later advised that the information was instead exempt in its entirety under section 37(1)(a)(communications with the Sovereign). This absolute exemption was upheld at internal review. During the Commissioner’s investigation, the Cabinet Office advised that in addition to section 37(1)(a), they were also applying sections 36(2)(b)(i) and (ii)(prejudice to effective conduct of public affairs) to the information requested. The Commissioner has found that the Cabinet Office has correctly interpreted the scope of the request and that the information requested is exempt from disclosure under section 37(1)(a). However, in their handling of the request, the Commissioner has found that the Cabinet Office breached sections 10(1) and 17(1) of FOIA. The Commissioner does not require any steps to be taken by the Cabinet Office.
FOI 17: Complaint upheld FOI 37(1)(a): Complaint not upheld FOI 10(1): Complaint upheld