Latest decision notices

Case Ref: FS50072204
Date: 17/11/05
Public Authority: Driver and Vehicle Licensing Agency (DVLA)
Summary: The complainant wrote to the DVLA on 4/1/05 to request information relating to the status of particular vehicles on the DVLA database. DVLA did not accept that the request required a response under the Freedom of Information Act 2000(the "Act") and instead used existing internal criteria for deciding whether the request should be honoured. Consequently, the complainant did not receive a response from DVLA as directed by the Act. Following the Commissioner's intervention the complainant received a response on 4/10/05.
Section of Act/EIR and Finding: FOI s.1 - Complaint Upheld, FOI s.10 - Complaint Upheld, FOI s.17 - Complaint Upheld
Full Transcript of Decision Notice FS50072204



Case Ref: FS50076778
Date: 15/11/05
Public Authority: Department of the Environment (Northern Ireland)
Summary: The complainant requested information pertaining to costs incurred by the Planning Service in relation to an appeal and discontinuance notice. The Department of the Environment (Northern Ireland) provided some information, and following an internal review they provided further details. Following investigation, the Commissioner is satisfied that the Department of the Environment (NI) do not hold any further information. However as the Department of the Environment (NI) failed to provide all the information held at the time of the request within 20 working days they have breached section 10.
Section of Act/EIR and Finding: FOI s.1 - Complaint Not Upheld, FOI s.10 - Complaint Upheld.
Full Transcript of Decision Notice FS50076778


Case Ref: FS50070856
Date: 09/11/05
Public Authority: Ministry of Defence (MoD)
Summary: The complainant requested the signature of a former serviceman from the MoD, who responded by stating that the signature was not held. The complainant disputed this statement and the Commissioner asked the MoD for further information to satisfy himself that the information was not held. The MoD provided such information and so the Commissioner did not uphold the complaint.
Section of the Act & Finding: FOI s.1 - Complaint Not Upheld.
Full Transcript of Decision Notice FS50070856


Case Ref: FS50087463
Date: 09/11/05
Public Authority: Home Office
Summary: The complainant requested information relating to investigations carried out concerning the conduct of prison staff. As the Home Office failed to provide the information requested within 20 working days the Commissioner upholds this complaint. However the information was subsequently provided and so no further steps were identified.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld.
Full Transcript of Decision Notice FS50087463


Case Ref: FS50087462
Date: 09/11/05
Public Authority: Home Office
Summary: The complainant requested information on investigations carried out concerning the conduct of prison staff. There were two aspects to the complaint; that the request was not responded to within 20 working days and that the Home Office failed in their duty to provide advice and assistance. The Commissioner found that the Home Office did not respond to this request within 20 working days and, therefore, upheld this aspect of the complaint. When responding to this request, the Home Office only stated that to comply with the request would exceed the cost limit of £600 for central government and so the information requested would not be provided. As the Home Office did not help to refine the request and did not offer any information about their cost estimate the Commissioner believes that the Home Office failed in their duty to provide advice and assistance and so this aspect of the complaint is also upheld. The Commissioner has not required any further action by the Home Office in connection with these complaints because assistance has since been provided.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld, FOI s.16 - Complaint Upheld
Full Transcript of Decision Notice FS50087462


Case Ref: FS50072107
Date: 09/11/05
Public Authority: Home Office
Summary: The complainant requested information relating to investigations carried out into the conduct of prison staff. The complaints to the Information Commissioner were that the request was not responded to within 20 working days (section 10), that the Home Office stated incorrectly that the cost of complying with the request would exceed the central government cost limit of £600 (section 12) and that insufficient advice and assistance was offered (section 16). The decision of the Commissioner was that the request was not dealt with in time and that the Home Office failed to offer advice and assistance. As the Commissioner found that the Home Office applied the Act correctly when forming their cost estimate, this aspect of the complaint was not upheld.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld, FOI s.12 - Complaint Not Upheld, FOI s.16 - Complaint Upheld
Full Transcript of Decision Notice FS50072107


Case Ref: FS50074781
Date: 08/11/05
Public Authority: Ministry of Defence (MoD)
Summary: The complainant requested the logbooks of an ex-serviceman. There were two aspects to the complaint. Firstly, the complainant felt that the initial response by the MoD was ambiguous and did not comply with the duty to confirm or deny. The MoD confirmed both to the complainant and the Commissioner that the intention of their statement was to communicate a denial that the information was held. With regard to this aspect of the complaint, the Commissioner was satisfied that the MoD did comply with the Act. The second aspects to the complaint related to the veracity of the MoD's denial that the information was held. The MoD explained why the information was not held and the Commissioner was satisfied with the steps taken by the MoD to ascertain whether the information was held. The Decision Notice found that the MoD was not in breach of Section 1.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld.
Full Transcript of Decision Notice FS50074781