Lastest decision notices

Again in the main these are procedural (S1,S10, S16 and S16)

The Post Office Limited and Thanet District Council cases uphold the use of the legal and professional privelidge exepmtion (S42, not 43 as cited in the ICO summary)

The Oxford City Council upholds in part use of S31 (would, or would be likely to, prejudice the prevention or detection of crime). Request was for "information about all OCC vehicles currently registered with DVLA and those that had been sold including vehicle identification numbers (VINs), vehicle registration marks (VRMs), fleet numbers, make and model types and type of body." A request I know many practitioners received earlier this year as a round robin.

I'm still currently working on reviewing/summarsising the DNs so far, hope to have something available before Xmas or early next year.

December 2005

Case Ref: FS50066390
Date: 05/12/05
Public Authority: London Borough of Lewisham
Summary: The complainant requested copies of letters sent to the Council in 2003 detailing allegations of blackmail. The Council had supplied some of the information, refusing the remainder on the basis that the information contained third party data. During the course of the Commissioner's investigation, the Council revisited their initial decision and chose to release more of the information. The complainant was satisfied with this but asked the Commissioner to investigate the technical breaches which had occurred when the complainant originally requested the information. The Commissioner found that the Council had not issued a proper refusal notice under section 17 and consequently had breached the twenty working day limit in which to respond.
Section of Act/EIR & Finding: FOI s.10 Complaint Upheld: FOI s.17 - Complaint Upheld
Full Transcript of Decision Notice FS50066390



Case Ref: FS50083727
Date: 07/12/05
Public Authority: Llandudno Town Council
Summary: The complainant requested information regarding the costs and receipts of all matters to do with the Town Twinning arrangements for the year 1 April 2004 until 31 March 2005. The Town Council provided this information but did so outside the 20 working day time limit.
Section of Act/EIR & Finding: FOI s.10 Complaint Upheld.
Full transcript of Decision Notice FS50083727


Case Ref: FS50073291
Date: 7/12/05
Public Authority: Cardiff County Council (CCC)
Summary: On 28/01/05 the complainant requested documents relating to the National School for Children with Cerebral Palsy. In its response, dated 07/03/05, CCC stated that it was necessary to consider the public interest in relation to this request, citing the exemption at section 36 of the Act, and indicated that it expected to be able to provide the outcome of their consideration of the public interest by 18/03/05. CCC neither advised the complainant of a decision nor released the information by 13/03/05 and still has not done so at the date of issuing the Decision Notice, despite the Commissioner's intervention. 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 the information.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld; FOI s.10 - Complaint Upheld
Full transcript of Decision Notice FS50073291


Case Ref: FS50094879
Date: 06/12/05
Public Authority: Ministry of Defence (MoD)
Summary: The complainant requested a copy of the evidence on which a statement (made to the complainant in May 2003) was based. He also requested that the MoD seek a new legal opinion in connection with that statement. The Commissioner is satisfied that the MoD do not hold the requested information. The Commissioner is further satisfied that the MoD provided advice and assistance as far as it would be reasonable to expect the authority to do so when they provided the complainant with extracts from the legislation on which the May 2003 statement was based and an explanation of their interpretation of the legislation.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld; FOI s.16 - Complaint Not Upheld
Full transcript of Decision Notice FS50094879

Case Ref: FS50084406
Date: 05/12/05
Public Authority: Melton Borough Council
Summary: The complaint was that the Council failed to respond to the information request within 20 working days. The Commissioner upheld this complaint. No further action was required to be taken by the Council in connection with this specific matter as the information request was responded to, albeit outside the 20 working days time limit.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld
Full transcript of Decision Notice FS50084406

Case Ref: FS50080313
Date: 01/12/05
Public Authority: Ministry of Defence (MoD)
Summary:The complainant requested her late father's full naval service and medical records. The MoD provided, albeit late, the certificate of service and attestation pack. The medical records had earlier been provided to the complainant's mother and the complainant stated that she did not want duplicates of the same information and so this was not provided. The complainant contends that the full service and medical records were not provided. The MoD contend that they have provided all of the information which they hold and that typically, for Royal Marines serving between 1983 and 1948, they would not hold any further information. The Commissioner is satisfied with the assurances provided by the MoD. The Commissioner's decision is that the MoD has provided all the information held in relation to the request but failed to do so within 20 working days.
Section of Act/EIR & Finding: FOI s.1 Complaint Not Upheld; FOI s.10 Complaint Upheld
Full transcript of Decision Notice FS50080313

November 2005

Case Ref: FS50074966
Date: 30/11/05
Public Authority: East Riding of Yorkshire Council (ERYC)
Summary: The applicant requested information regarding the Hornsea Rail Trail and received a partial response within the statutory period of twenty working days. When the complainant pursued the failure of ERYC to provide all of the information, the request was widened further on two occasions. Following the intervention of the Commissioner, ERYC provided a full response to the information request, however the Commissioner has decided that by virtue of the fact that they failed to provide the information requested within twenty working days a breach has occurred.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld
Full Transcript of Decision Notice FS50074966


Case Ref: FS50067984
Date: 30/11/05
Public Authority: Thanet District Council
Summary: The complainant requested a copy of the legal advice to the Council on the legal implications of night flights from Kent International Airport (also known as Manston Airport). The Council refused access to the document citing s.42 which exempts information subject to legal professional privilege. The Commissioner determined that the document was privileged and that the public interest in maintaining the exemption and therefore protecting the principle of legal professional privilege outweighed the public interest in disclosure.
Section of Act/EIR & Finding: FOI s.43 - Complaint Not Upheld
Full Transcript of Decision Notice FS50067984

Case Ref: FS50069727
Date: 30/11/05
Public Authority: Thanet District Council
Summary: The complainant requested a copy of the legal advice to the Council on the legal implications of night flights from Kent International Airport (also known as Manston Airport). The Council refused access to the document citing s.42 which exempts information subject to legal professional privilege. The Commissioner determined that the document was privileged and that the public interest in maintaining the exemption and therefore protecting the principle of legal professional privilege outweighed the public interest in disclosure.
Section of Act/EIR & Finding: FOI s.43 - Complaint Not Upheld
Full Transcript of Decision Notice FS50069727


Case Ref: FS50080366
Date: 30/11/05
Public Authority: Thanet District Council
Summary: The complainant requested a copy of the legal advice to the Council on the legal implications of night flights from Kent International Airport (also known as Manston Airport). The Council refused access to the document citing s.42 which exempts information subject to legal professional privilege. The Commissioner determined that the document was privileged and that the public interest in maintaining the exemption and therefore protecting the principle of legal professional privilege outweighed the public interest in disclosure.
Section of Act/EIR & Finding: FOI s.43 - Complaint Not Upheld
Full Transcript of Decision Notice FS50080366


Case Ref: FS50066054
Date: 30/11/05
Public Authority: The Post Office Limited
Summary: The complainant made a request for information about the standard of customer service at a branch of the Post Office in Clapham. The Post Office refused the request on the basis that the majority of the information which had been requested was not held and that the information they did hold was exempt under section 43 in that its disclosure would be prejudicial to the Post Office's and others commercial interests. The Commissioner decided that the exemption had been correctly applied. This is because the information included public relations and marketing strategies which could be copied and used by the Post Office's commercial rivals in their own businesses. The public interest rests in preserving a level playing field for the commercial activities the Post Office is engaged in. The Commissioner is also satisfied with the Post Office's assurances that they do not hold any further information.
Section of Act/EIR & Finding: FOI s.43 - Complaint Not Upheld
Full Transcript of Decision Notice FS50066054

Case Ref: FS50071313
Date: 30/11/05
Public Authority: Warrington Borough Council
Summary: The complainant requested the full accounts of the taxi licensing office for the last 5 years. The Council failed to respond within 20 working days and in their eventual response stated that clarification of the request was required before the information could be provided. The rationale for this was not made clear to either the complainant or, subsequently, the Commissioner. This Decision Notice requires that the Council provide either the information requested or a valid reason for why this information cannot be provided.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld, FOI s.10 - Complaint Upheld
Full Transcript of Decision Notice FS50071313


Case Ref: FS50067004
Date: 29/11/05
Public Authority: Oxford City Council (OCC)
Summary: The complainant requested information about all OCC vehicles currently registered with DVLA and those that had been sold including vehicle identification numbers (VINs), vehicle registration marks (VRMs), fleet numbers, make and model types and type of body. The OCC withheld all the information requested relying on section 31 of the Act. Section 31 exempts from disclosure that information which would be likely to prejudice the prevention or detection of crime. The Commissioner decided that OCC had applied section 31 correctly in relation to the information concerning VINs as disclosure to the public would be likely to increase the risk of the information being used for vehicle cloning and therefore would not be in the public interest. However, the Commissioner disagrees with the application of section 31 with regard to the other information requested and therefore requires that this is provided to the complainant. In addition the Commissioner decided that OCC had not complied with the requirements of section 17 of the Act in relation to the refusal notice it had issued because no consideration of the public interest was included. the Commissioner decided that OCC had not complied with the requirements of section 16 of the Act, the duty to provide advice and assistance, in relation to the modified request.
Section of Act/EIR & Finding: FOI s.31 - Complaint Partly Upheld, FOI s.17 - Complaint Upheld, FOI s.16 - Complaint Upheld
Full Transcript of Decision Notice FS50067004

Case Ref: FS50066308
Date: 29/11/05
Public Authority: Cyngor Sir Gâ r (Carmarthenshire County Council)
Summary:The complainant requested detailed information from the Council about all its vehicles currently registered with DVLA and those it had sold. The information requested included, amongst other things, information about vehicle identification numbers (VINs), vehicle registration marks (VRMs), fleet numbers, make and model types and type of body. The Council withheld some information under section 31 of the Act on the basis that its disclosure would be likely to prejudice the prevention or detection of crime. The Council issued a refusal notice to the complainant that did not include the public interest test. The Commissioner decided that the Council had applied section 31 correctly only in relation to some of the information. The Commissioner also found that the original refusal notice had not complied with section 17 of the Act.
Section of Act/EIR & Finding: FOI s.31 - Complaint Partly Upheld, FOI s.17 - Complaint Upheld.
Full Transcript of Decision Notice FS50066308



Case Ref: FS50070222
Date: 29/11/05
Public Authority: British Nuclear Fuels plc (BNFL)
Summary: Information was requested about the sums of money spent by BNFL on various measures relating to public relations and corporate social responsibility. BNFL failed to respond to this request within 20 working days. The response to the information request stated that to provide all the information requested would have incurred costs exceeding the limit of £450. No information was provided as to how the cost estimate had been formed or how the complainant could refine their request so that it would be possible to comply without exceeding the cost limit. Therefore this Decision Notice also concludes that BNFL has failed in its duty to provide advice and assistance. As the request was responded to, albeit not within the 20 working days limit, and as the BNFL has since responded to a refined information request made by the complainant, the Commissioner does not require any further action to be taken by BNFL.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld, FOI s.16 - Complaint Upheld
Full Transcript of Decision Notice FS50072719