Thursday, November 03, 2005

New decision notices

Full deatails

Case Ref: FS50088259
Date: 20/10/05
Public Authority: The Home Office (National Offender Management Service)
Summary: On 14/02/05 the complainant requested statistical information on the number and types of complaints at HMP Long Lartin. This information was provided on 08/06/05, exceeding the 20 day time limit.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld.
Full Transcript of Decision Notice FS50088259

Case Ref: FS50088258
Date: 20/10/05
Public Authority: The Home Office (National Offender Management Service)
Summary: On 20/01/05 the complainant requested minutes, notes or similar of staff briefings at HMP Long Lartin. This information was provided on 08/06/05, exceeding the 20 day time limit.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld.
Full Transcript of Decision Notice FS50088258

Case Ref: FS50088256
Date: 20/10/05
Public Authority: The Home Office (National Offender Management Service)
Summary: On 24/01/05 the complainant requested a copy of the investigation report for a lockdown that took place at HMP Long Lartin. This was not provided until 12/05/05, exceeding the 20 day limit.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld.

Case Ref: FS50073121
Date: 20/10/05
Public Authority: The Home Office (National Offender Management Service)
Summary: On 06/01/05 the complainant requested HMP Long Lartin staff notices. The public authority responded on 17/03/05 by refusing this request because the cost of extracting information would exceed the fees limit detailed by the Act. The complainant later refocused the request and following the intervention by this office the information was provided on 15/08/05. However, both the original and the refocused request were not dealt with within the 20 day time limit, and the refusal notice did not provide details of the public authority's complaints procedure or the right to complain to the Information Commissioner. As the information was later provided no steps were identified in the Decision Notice.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld, s.17 - Complaint Upheld.

Case Ref: FS50069730
Date: 19/10/05
Public Authority: Cardiff County Council (CCC)
Summary: On 05/01/05 the complainant requested documents relating to the consideration of a particular employee's position within CCC, that employee's employment tribunal and the outcomes of that tribunal. In their response, CCC stated that it was necessary to consider the public interest in relation to this request and indicated that they expected to be able to provide the outcome of their consideration of the public interest by 11/02/05. No reference was made to the particular exemption(s) the public interest test was being applied to. CCC had neither advised the complainant of a decision nor released the information by the 11/02/05 and still had not dome so at the date of issuing the Decision Notice. The Commissioner requires CCC to provide the complainant with either the information requested or a notice detailing why it is in the public interest to withhold or not confirm whether they hold it.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld, s.17 - Complaint Upheld, s.10 - Complaint Upheld.
Full Transcript of Decision Notice FS50069730




Case Ref: FS50071452
Date: 18/10/05
Public Authority: Department for Constitutional Affairs (DCA)
Summary: The complainant asked a question regarding the appointment of a particular Judge, who had presided over an action brought by him. It is alleged that the DCA failed to provide all of the information requested, by not providing documents evidencing the Judge's appointment. The Act provides a right of access to recorded information, not specific documents. Since the request made no reference to specific documents and the DCA answered the complainant's question, the complainant was not upheld.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld.

Case Ref: FS50065361
Date: 18/10/05
Public Authority: Civil Aviation Authority
Summary: The complainant holds a private pilot's licence. The CAA was informed by a third party (the informant) that the complainant was ill and therefore expressed concern about his fitness to fly. The complainant requested copies of all the relevant correspondence held by the CAA and specifically asked for the name and address of the informant. The CAA refused to disclose the information citing the exemption relating to personal information provided by section 40. The Commissioner decided that personal data relating to the informant was covered by the section 40(1) exemption and could not be disclosed without breaching the First Data Protection Principle.
Section of Act/EIR & Finding: FOI s.40 - Complaint Not Upheld.

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