Decision notices

5 Jul 2024, Central government

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

5 Jul 2024, Local government

The complainant requested information about membership of the Royal Town Planning Institute (RTPI) for specific Council staff. North Yorkshire Council (the Council) confirmed that it did not hold the requested information. The Commissioner’s decision is that, on the civil standard of the balance of probabilities, the Council does not hold the requested information. The Commissioner does not require further steps.

FOI 1(1):Complaint not upheld

5 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

5 Jul 2024, Central government

The Commissioner’s decision is that the Department for Levelling Up, Housing and Communities (DLUHC) is entitled to rely on section 12(1) of FOIA to refuse the request for correspondence about the transfer of SeAH Steel Holdings monopile factory as complying with it would exceed the appropriate cost limit. However, DLUHC didn’t comply with its obligation under section 16(1), which concerns advice and assistance. The Commissioner requires DLUHC to take the following step to ensure compliance with the legislation: In line with section 16(1) of FOIA, either indicate to the complainant the terms of a refined request for information with which DLUHC might be able to comply within the cost limit or confirm to them that the current request can’t be meaningfully refined.

FOI 12:Complaint not upheld FOI 16:Complaint upheld

4 Jul 2024, Local government

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

4 Jul 2024, Local government

The Commissioner’s decision is that, on the balance of probabilities, London Borough of Hillingdon (‘the Council’) holds no further information within scope of the request for a lease. The Council didn’t comply with section 1(1) or 10(1) of FOIA, however, as it didn’t communicate the relevant information it holds within the required timescale. It’s not necessary for the Council to take any steps.

FOI 1(1):Complaint upheld FOI 10(1):Complaint upheld

4 Jul 2024, Local government

The complainant requested information from Lancashire County Council ( “the Council” ). The Commissioner disclosed some information, however it refused to disclose the remainder. The Commissioner’s decision is that the Council was entitled to refuse to disclose the remaining requested information in accordance with section 12(1) (cost limit) of the FOIA. The Commissioner also finds that the Council provided reasonable advice and assistance and therefore met its obligations under section 16(1) of the FOIA. The Commissioner requires no steps to be taken.

FOI 12(1):Complaint not upheld FOI 16:Complaint not upheld

4 Jul 2024, Local government

The complainant has submitted a request to the London Borough of Barnet (the council) for information relating to the validity and enforcement of a historic Deed of Agreement. The Commissioner’s decision is that regulation 12(5)(b)(the course of justice) is engaged. However, he finds that the public interest in maintaining the exception does not outweigh the public interest in disclosure. He also finds that the council breached regulations 14(3) and 11(4) of the EIR in its handling of the complainant’s request. The Commissioner requires the council to take the following steps to ensure compliance with the legislation: • Disclose the requested information, with any personal data redacted in accordance with his guidance. The public authority must take this step within 30 calendar days of the date of this decision. 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.

EIR 11(4):Complaint upheld EIR 12(5)(b):Complaint upheld EIR 14(3):Complaint upheld

4 Jul 2024, Local government

The complainant requested a copy of a recording of a zoom meeting held by Culturally Chard. Chard Town Council ( “the council” ) refused the request on the basis that section 40(2) of FOIA applies (personal data of third parties). The Commissioner’s decision is that the council was not correct to apply section 40(2) to withhold the information from disclosure. The Commissioner requires the council to take the following steps to ensure compliance with the legislation.To disclose the requested information to the complainant.

FOI 40(2):Complaint not upheld

4 Jul 2024, Police and criminal justice

The complainant has requested information relating to policy and procedures for Cleveland Police staff members. The Commissioner’s decision is that Cleveland Police breached section 10(1) of FOIA by failing to provide a response within 20 working days. The Commissioner does not require further steps to be taken.

FOI 10:Complaint upheld

4 Jul 2024, Media

The complainant has requested information about the number of different languages spoken or written by BBC staff. The BBC initially advised the complainant that it did not hold the requested information, however at internal review the BBC advised that it was relying on section 12(2) for part of the request. The Commissioner’s decision is that section 12(2) of FOIA is not engaged. However, the BBC is entitled to refuse to comply with the request under section 12(1) of FOIA as to do so would exceed the appropriate cost limit. The Commissioner also finds that there was no breach of section 16 of FOIA. The Commissioner does not require further steps.

FOI 12:Complaint not upheld FOI 16:Complaint not upheld

4 Jul 2024, Central government

The Commissioner’s decision is that the Department for Levelling Up, Housing and Communities (DLUHC) is entitled to rely on section 12(1) of FOIA to refuse the multi-part request for Data Protection Impact Assessments as complying with it would exceed the appropriate cost limit. There was no breach of section 16(1), which concerns advice and assistance. It’s not necessary for the DLUHC to take any steps.

FOI 12(1):Complaint not upheld FOI 16(1):Complaint not upheld

4 Jul 2024, Central government

The complainant requested a copy of a report assessing the risks associated with ‘volumetric’ modular construction that is held by the Department of Levelling Up, Housing and Communities (DLUHC). The DLUHC issued a refusal notice in response to the complainant’s request, citing section 35(1)(a)(formulation of government policy) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the complainant’s request is for environmental information, and therefore should have been considered under the EIR. The Commissioner requires the DLUHC to reconsider the complainant’s request under the EIR, and either provide the requested information, or issue a refusal notice citing a valid exception.

FOI 35(1):Complaint upheld

3 Jul 2024, Central government

The complainant has requested information on the Department for Work and Pensions’ (DWP) machine learning Universal Credit anti-fraud models. DWP disclosed some information but withheld the remainder under section 31(1)(a), prevention or detection of crime. The Commissioner’s decision is that DWP is entitled to rely on section 31(1)(a) to withhold the remaining information. The Commissioner finds, however, that DWP breached section 10(1) by disclosing further information outside of the statutory timeframe. The Commissioner does not require DWP to take further steps.

FOI 31:Complaint not upheld FOI 10:Complaint upheld

3 Jul 2024, Health

The complainant has requested information about the cervical screening programme in relation to a specific laboratory. NHSE disclosed some information, confirmed it didn’t hold other information and withheld the remainder under section 40(2) and 41 of FOIA. These exemptions concern personal data and information provided in confidence, respectively. The Commissioner’s decision is that the information NHSE is withholding is personal data that can be withheld under section 40(2) of FOIA. It’s not necessary for NHSE to take any steps.

FOI 40(2):Complaint not upheld

3 Jul 2024, Local government

The complainant requested information from West Devon Borough Council ( “the Council” ) relating to a specific planning application. The Commissioner’s decision is that the Council is entitled to rely on regulation 12(4)(e) (internal communications) of the EIR to refuse to provide the withheld information. The Commissioner does not require the Council to take any steps.

EIR 12(4)(e):Complaint not upheld

3 Jul 2024, Other

The complainant has requested information held by Oxford Direct Services Limited (ODSL) that relates to disciplinary action taken against any employees investigated for, and found to have committed, fraud against ODSL. The Commissioner’s decision is that ODSL is entitled to rely on the exemption at section 40(2) (personal information) of FOIA, as its basis for refusing the complainant’s request.

FOI 40(2):Complaint not upheld

3 Jul 2024, Central government

The complainant has requested a copy of a particular file the Cabinet Office holds on the deceased businessman, Ian Stuart Spiro. The Cabinet Office applied sections 23(1) (information supplied by, or relating to, bodies dealing with security matters) and 24(1)(national security) of FOIA, in the alternative, to refuse the request. The Commissioner’s decision is that the Cabinet Office was entitled to apply sections 23(1) and 24(1) in the alternative, to withhold the requested information. The Commissioner requires no steps as a result of this decision.

FOI 24:Complaint not upheld FOI 23:Complaint not upheld

3 Jul 2024, Other

The complainant has requested copies of agreements between financial services companies. The above public authority relied on section 44 of FOIA to withhold the information as disclosure would be prohibited by another piece of legislation. The Commissioner’s decision is that the public authority is entitled to rely on section 44 of FOIA to withhold the requested information. The Commissioner does not require further steps to be taken. Keywords: Financial Service and Markets Act FSMA, confidential information

FOI 44:Complaint not upheld

2 Jul 2024, Media

The complainant has requested information about pension payments and the operation of the BBC Pension Scheme. The BBC provided a response to the first part of the request. It refused the remainder of the request stating that the requested information was held on behalf of BBC Pensions and was not held for the BBC’s own purposes. The Commissioner’s decision is that the requested information is not held by the BBC as per section 3(2) of FOIA – Information held on behalf of. The Commissioner does not require further steps.

FOI 3:Complaint not upheld

2 Jul 2024, Local government

The complainant requested information about the grassed areas in the Penmaen Ward. Caerphilly County Borough Council (the Council) initially applied section 12 (appropriate limit) of the FOIA to the requests as it considered compliance would exceed the appropriate limit. In its internal review the Council stated that it did not hold the information requested. During the course of the Commissioner’s investigation the Council revised its position again and maintained that section 12 of the FOIA applied to the requests. The Commissioner’s decision is that the Council is entitled to consider the combined cost of responding to both requests and that it has reasonably estimated the combined cost as exceeding the appropriate limit. Consequently, the Council was entitled to refuse to comply with the requests in accordance with section 12(1). However, the Commissioner finds that the Council breached section 16(1) of the FOIA as it failed to provide sufficient advice and assistance to the complainant. The Commissioner also finds that the Council breached section 10(1) as it failed to respond to one request within the statutory time limit. The Commissioner requires the Council to provide the complainant with relevant advice and assistance to enable them to submit a refined request within the cost limit.

FOI 10:Complaint upheld FOI 16:Complaint upheld FOI 12:Complaint not upheld

2 Jul 2024, Local government

The complainant has requested information relating to public spaces protection orders (‘PSPOs’) from South Kesteven District Council (‘the Council’). The Council provided some information but said that it did not hold the information requested in parts (1) and (3) of the request. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold the remaining information.

EIR 12(4)(a):Complaint not upheld

2 Jul 2024, Central government

The complainant has requested copies of “Assessment of a Request for Prospective Authorisation of a Regulatory In Vivo Test” forms from the Home Office. The Home Office disclosed some information but withheld the remainder, citing sections 44(1) (Prohibitions on disclosure), 40(2) (Personal information) and 38(1) (Health and safety) of FOIA; it also advised that one form could not be located. The complainant agreed that any information withheld under sections 40 and 38 of FOIA could be properly withheld. The Commissioner has considered the applicability of section 44(1) of FOIA and whether or not the missing form is held. The Commissioner’s decision is that, on the civil standard of the balance of probabilities, the form that could not be located is not held. He also finds that, where cited, section 44 is properly engaged. The Commissioner does not require any steps.

FOI 1:Complaint not upheld FOI 44:Complaint not upheld

2 Jul 2024, Police and criminal justice

The complainant has requested information relating to parents prosecuted pursuant to the Children and Young Persons Act 1933. The Chief Constable of Essex Police 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

2 Jul 2024, Local government

The complainant requested information from West Lancashire Borough Council ( “the Council” ) relating to Ormskirk Bus Station Toilets. The Commissioner’s decision is that the Council is not entitled to rely on section 41(1) (information provided in confidence) to withhold the requested information. However, he also finds that the Council is entitled to rely on section 40(2) (personal information) to withhold some information. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose the withheld information making appropriate personal data redactions as described in paragraph 24 of this notice. 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 41:Complaint upheld FOI 40(2):Complaint not upheld