Decision notices
Showing 1 to 25 of 22,388
Department for Energy Security & Net Zero
6 Sep 2024, Central government
The complainant requested information relating to the historical handling of his settlement with the British Coal Corporation. DESNZ relied on section 14(1) of FOIA (vexatious) to refuse the request. The Commissioner’s decision is that the request was vexatious and therefore DESNZ was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require any steps.
FOI 14(1): Complaint not upheld
University of Bedfordshire
6 Sep 2024, Education
The complainant requested information from the University of Bedfordshire (the public authority). By the date of this notice the public authority had not issued a substantive response to this request. The Commissioner’s decision is that the public authority has failed to respond to the request within 20 working days and has therefore breached section 10 of FOIA. The Commissioner requires the public authority to issue a substantive response to the request in accordance with its obligations under FOIA.
FOI 10: Complaint upheld
Lancaster university
6 Sep 2024, Education
The complainant requested information connected with a previous request and questions relating to it. Lancaster University (the university) refused the request, citing section 14(1) of FOIA – vexatious request. The Commissioner’s decision is that the request was vexatious and therefore the university was entitled to rely upon section 14(1) of FOIA to refuse it. The Commissioner does not require further steps.
FOI 14(1): Complaint not upheld
Fylde Borough Council
6 Sep 2024, Local government
The complainant has requested records regarding two meetings held by Fylde Borough Council (the Council). The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold any additional information within the scope of the request. The Commissioner does not require further steps.
EIR 5(1): Complaint not upheld
Mid and South Essex Integrated Care System
6 Sep 2024, Health
The complainant has requested information relating to Mid and South Essex Integrated Care Board (ICB’s) processes surrounding Individual Funding Requests. The ICB refused the request as vexatious under section 14(1) FOIA. The Commissioner’s decision is that the request was vexatious and therefore the ICB was entitled to rely upon section 14(1) FOIA to refuse it. The Commissioner does not require any steps.
FOI 14: Complaint not upheld
Department for Transport
6 Sep 2024, Central government
The complainant has requested communication between the Department for Transport (‘DfT’) and Greybull Capital. The DfT disclosed information with redactions made under section 43(2) (commercial interests). The Commissioner’s decision is that all withheld information engages section 43(2) and the public interest lies in maintaining the exemption, except in one instance. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the information redacted from the letter dated 23 August 2021.
FOI 43(2): Complaint partly upheld
Cabinet Office
6 Sep 2024, Central government
The public authority has failed to complete its public interest test considerations within a reasonable time in accordance with its obligations under FOIA. The Commissioner requires it to provide a substantive response to the request within 30 calendar days in accordance with its obligations under FOIA.
FOI 17(3): Complaint upheld
University of Newcastle upon Tyne
6 Sep 2024, Education
The complainant has requested information on refurbishment options, with emphasis on energy and carbon assessment, for Castle Leazes halls of residence site at Newcastle University (the University). The University disclosed some information but withheld a report to its Executive Board under regulation 12(5)(e). The complainant disputed whether all information relevant to the request had been located. The Commissioner’s decision is that the report withheld under regulation 12(5)(e) was correctly withheld and that the University has provided adequate explanations as to why no further information in scope of the request was held at the time of the request. However, he finds that the University did not comply with its obligation under regulation 5 EIR at the time of the request as it did not locate and provide all relevant information within the statutory timeframe. However as information has now been provided the University is not required to take any steps.
EIR 5: Complaint upheld EIR 12(5)(e): Complaint not upheld
Office for National Statistics
6 Sep 2024, Central government
The complainant has requested information on COVID-19 deaths broken down by age and gender. The Office for National Statistics (ONS) refused the request under section 21 FOIA – information accessible to the applicant by other means. The Commissioner’s decision is that the information is reasonably accessible to the applicant by other means and ONS has correctly refused the request under section 21 FOIA.
FOI 21: Complaint not upheld
Pearl Smile Dental Group
6 Sep 2024, Health
The Commissioner’s decision is that the majority of the information the complainant has requested is exempt from disclosure under section 40(2) of FOIA. This is because the information is another individual’s personal data and disclosing it wouldn’t be lawful. Pearl Smile Dental Group’s section 40(2) refusal notice didn’t comply with section 17(1) of FOIA. The remaining information isn’t personal data and Pearl Smile Dental Group didn’t comply with section 1(1) and 10(1) of FOIA in respect of the timeliness of its response to this part of the request. Pearl Smile Dental Group must take the following step to ensure compliance with the legislation: Provide the complainant with a fresh response to part 3.0 of the request, basing the response on the situation as it was the time of the request.
FOI 17: Complaint upheld FOI 40(2): Complaint not upheld FOI 1(1): Complaint upheld FOI 10(1): Complaint upheld
EDF Energy Limited
5 Sep 2024, Utilities
The complainant has requested information about electricity standing charges. EDF Energy Ltd refused to comply with the request as it did not consider the information to be environmental or that it was subject to the EIR. The Commissioner’s decision is that EDF is not a public authority for the purposes of the EIR and therefore it was not under an obligation to respond to the request. As EDF is not a public authority, the Commissioner is unable to compel it to take any steps.
EIR 2(2): Complaint not upheld
Department of Finance Northern Ireland
5 Sep 2024, Other
The complainant requested information relating to staffing levels within Magilligan Prison. The Department of Finance withheld the requested information in reliance on section 31(1)(f) of FOIA (maintenance of security and good order in prisons). The Commissioner’s decision is that the Department was entitled to rely on section 31(1)(f) to refuse the request. No steps are required.
FOI 31: Complaint not upheld
NHS England
5 Sep 2024, Health
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. The public authority must take this step within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.
FOI 10: Complaint upheld
EDF Energy Limited
5 Sep 2024, Utilities
The complainant has requested information about acoustic fish deterrents. NNB Generation Company (HPC) Ltd (NNB GenCo) refused to comply with the request as it did not consider the information to be environmental or that it was subject to the EIR. The Commissioner’s decision is that NNB GenCo is public authority for the purposes of the EIR and therefore was under an obligation to respond to the request. As it failed to provide any environmental information or issue a refusal notice, the Commissioner finds that NNB GenCo breached regulation 5(2) of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
EIR 2(2): Complaint not upheld
Secretary of State for the Home Department (Home Office)
5 Sep 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
London Ambulance Service NHS Trust
5 Sep 2024, Health
The complainant submitted an information request to London Ambulance Service NHS Trust (LAS) for information relating to CAD 4368. The Commissioner’s decision is that the request was vexatious and therefore LAS was entitled to rely upon section 14(1) of FOIA to refuse it.
FOI 14(1): Complaint not upheld
London Borough of Hillingdon
5 Sep 2024, Local government
The complainant has requested information from the London Borough of Hillingdon (the Council) relating to a definition of anti-social behaviour used by the Council. The Council deemed the request vexatious under section 14(1) of FOIA, and refused to provide a further response to the complainant, relying on section 17(6) as the basis for doing so. The Commissioner’s decision is that the request was vexatious under section 14(1), and that the Council was entitled to rely on section 17(6) of FOIA to decline to issue a further refusal notice. As a result, the Commissioner does not require the Council to take any steps in relation to this complaint.
FOI 17(6): Complaint not upheld
Oxfordshire County Council
5 Sep 2024, Local government
The complainant requested information relating to Non-Disclosure Agreements (“NDAs”). Oxfordshire County Council (the “Council”) disclosed some information but withheld the standard wording of NDAs under the exemption for prejudice to commercial interests (section 43). 2. The Commissioner’s decision is that the Council has failed to demonstrate that the exemption in section 43(2) is engaged. 3. The Commissioner requires the Council to disclosure the requested NDA standard text to the complainant.
FOI 43(2): Complaint upheld
EDF Energy Limited
5 Sep 2024, Utilities
The complainant has requested information about electricity standing charges. EDF Energy Ltd refused to comply with the request as it did not consider the information to be environmental or that it was subject to the EIR. The Commissioner’s decision is that EDF is not a public authority for the purposes of the EIR and therefore it was not under an obligation to respond to the request. As EDF is not a public authority, the Commissioner is unable to compel it to take any steps.
EIR 2(2): Complaint not upheld
London Borough of Haringey Council
5 Sep 2024, Local government
The complainant has requested information from London Borough of Haringey (“the Council”) regarding letters of complaint lodged with the Council regarding specified properties and their listed status. The Council relied on section 40(2) of FOIA (third party personal information) to withhold the information, however it later considered that it should have handled the request under the EIR, so applied regulation 13 of the EIR. 2. The Commissioner’s decision is that the Council has correctly relied on regulation 13 of the EIR to withhold the information. 3. The Commissioner has also decided that the Council breached regulation 14 of the EIR as it failed to deal with the request under the EIR. 4. The Commissioner does not require further steps to be take
EIR 13: Complaint not upheld
London Borough of Merton
5 Sep 2024, Local government
The complainant submitted a request to the London Borough of Merton (the council) for a cabinet paper in relation to a named car park. The Commissioner’s decision is that the council correctly relied upon regulation 12(5)(d) (confidentiality of proceedings) to withhold the requested information, and that the public interest favoured maintaining the exception. However, in failing to issue a proper refusal notice, within 20 working days, the council breached regulation 14(3) of the EIR.
FOI 14: Complaint upheld FOI 12: Complaint not upheld
University of Oxford
4 Sep 2024, Education
The complainant has requested the University of Oxford (the university) to disclose emails between four named members of staff, between 1 August 2023 and 29 April 2024, relating to postdoctoral researchers and their eligibility to Congregation. The university refused the request, citing section 14 of FOIA. The Commissioner’s decision is that the university is not entitled to rely on section 14 of FOIA. The university is required to issue a fresh response to the complainant in accordance with FOIA, which does not rely on section 14.
FOI 14: Complaint upheld
London Borough of Harrow
4 Sep 2024, Local government
The public authority has failed to respond to this request within 20 working days, as specified in the EIR. The Commissioner requires it to provide the complainant with a response to this request within 30 calendar days in accordance with its obligations under the EIR.
EIR 5(2): Complaint upheld
Fermanagh & Omagh District Council
4 Sep 2024, Local government
The complainant has requested, from Fermanagh and Omagh District Council (the Council), information relating to a Strategic Capital Projects Grant Programme and covering a specified period of time. The Council disclosed some information, but relied on sections 40(2) and 43(2) of FOIA (the ‘personal information’ and ‘commercial interests’ exemptions) to refuse to disclose other information. The Commissioner’s decision is that the Council was entitled to rely on section 40(2) in respect of the withheld information relating to Council officials. However, he finds that the Council has failed to demonstrate that section 43(2) is engaged in respect of the information being withheld under that exemption. He also finds that the Council holds further information within scope of the request of 28 November 2023; and that it breached section 17 of FOIA as it previously failed to state its reliance on section 21 in respect of information published on its website. The Commissioner requires the Council to disclose the information being withheld under section 43(2), subject to any appropriate redactions for personal data; and in respect of the information referenced in paragraphs 62 – 69 of this decision notice (the moderation note, appeal requests and meeting agenda), either disclose it or issue a refusal that complies with FOIA. 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 17: Complaint upheld FOI 43(2): Complaint upheld FOI 40(2): Complaint not upheld FOI 1: Complaint upheld
Cleveland Fire Brigade
4 Sep 2024, Local government
The complainant has requested information from Cleveland Fire Brigade (‘CFB’) about its business relationship with Cleveland Fire Brigade Risk Management (‘CFBRM’). CFB disclosed some information, but it withheld information about some financial arrangements, citing section 43(2) (Commercial interests) of FOIA. The Commissioner’s decision is that CFB has not demonstrated that section 43(2) of FOIA is engaged. The Commissioner requires CFB to disclose to the complainant the information requested at points (1), (3), (4) and (18) of the request, which was withheld under section 43(2).
FOI 43: Complaint upheld