Latest decision notices

In the main, mostly procedural decisions, one case of use S42 being upheld at Richmondshire District Council, plus an example of a School (John Willmott School) failing to comply.

Case Ref: FS50090698
Date: 21/12/05
Public Authority: Department of Trade and Industry (DTI)
Summary: The complainant requested information concerning submissions made to the Scott Inquiry. The DTI stated that they did not hold the information in question and that they are not the primary holders of the information relating to the Scott Inquiry. The Commissioner accepted these arguments and this aspect of the complaint was not upheld. The complainant also stated that the information requested was not addressed within 20 working days. The DTI stated that they did not receive the initial request, but did comply within 20 working days of their receipt of a further copy of the request. In the absence of evidence to suggest that the initial request was received, the Commissioner accepted the representations of the DTI and this aspect of the complaint was not upheld.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld; FOI s.10 - Complaint Not Upheld
Full Transcript of Decision Notice FS50090698


Case Ref: FS50076645
Date: 19/12/05
Public Authority: London Borough of Newham Council
Summary: The complainant requested information about an application under the Right to Buy scheme with regard to a specific property. The Council failed to respond within 20 working days and this aspect of the complaint has been upheld. The second aspect of the complaint was that copies of information relating to the property in question and held by the Council were not provided to the complainant. The aspect of the complaint has not been upheld because the information request was in the form of a question and it made no reference to the provision of specific documentation.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld; FOI s.10 - Complaint Upheld
Full Transcript of Decision Notice FS50076645


Case Ref: FS50074187
Date: 19/12/05
Public Authority: Northamptonshire Police
Summary: The complainant requested information concerning the number of tickets issued in connection with specific speed cameras. Initially the police refused to disclose the information requested but did not apply a specific exemption to the request. Following the intervention of the Information Commissioner the information was disclosed. The Commissioner finds that the police breached the Act by withholding information requested and by failing to issue an adequate refusal notice.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld, FOI s.17 - Complaint Upheld.
Full Transcript of Decision Notice FS50074187


Case Ref: FS50067399
Date: 16/12/05
Public Authority: London Borough of Camden
Summary: The complainant submitted a request to the Council for information relating to the Parking Enforcement Statistics. The Council advised that in order to provide all the information requested there would be a charge of £703.60, which the complainant felt excessive. However, having investigated this matter the Commissioner is satisfied that the charges have been calculated in accordance with the FOI Fees Regulations.
Section of Act/EIR & Finding: FOI s.9 - Complainant Not Upheld
Full Transcript of Decision Notice FS50067399

Case Ref: FS50083666
Date: 16/12/05
Public Authority: Richmondshire District Council
Summary: The complainant requested copies of various payment orders and commercial calculations that he believed were held by the Council. The Council informed the complainant that they did not hold the information; however, the complainant maintained the information did exist. Having investigated this matter the Information Commissioner if satisfied that the Council does not hold the information requested.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld
Full Transcript of Decision Notice FS50083666


Case Ref: FS50070183
Date: 15/12/05
Public Authority: Richmondshire District Council
Summary: The complainant requested details of the legal opinion on which the Council based its policy of noise control relating Croft motor racing circuit, and copies of correspondence between the Council and counsel relating to that advice. The Council refused to release the advice citing the exemption provided by section 42(1) (legal professional privilege). The Commissioner has agreed that section 42(1) was applied correctly to the information sought by the complainant, and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
Section of Act/EIR & Finding: FOI s.42 - Complaint Not Upheld.
Full Transcript of Decision Notice FS50070183


Case Ref: FS50083896
Date: 13/12/05
Public Authority: John Willmott School
Summary: On 23/05/05 the complainant requested the minutes of meetings at which the incumbent Chair of Governors was appointed and confirmation of the duration of the post. The school wrote to the complainant on 13/06/05 and confirmed the duration of the post but did not communicate the relevant minutes of meetings. Following intervention of the Information Commissioner, the school sent, by letter dated 9/11/05, the information requested.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld; FOI s.10 - Complaint Upheld; FOI s.17 - Complaint Upheld
Full Transcript of Decision Notice FS50083896


Case Ref: FS50079476
Date: 13/12/05
Public Authority: Swindon Borough Council
Summary: The complaint requested the minutes of meetings held by working groups set up as part of the sub-regional study for Swindon. The Council did not respond within 20 working days and when they did respond stated that the specified information could not be supplied because "it would not be in the public interest and would be prejudicial to public administration." The Commissioner informed the Council that this response did not fulfil the criteria for refusal notices set out in section 17 of the Act. Following the Commissioner's intervention, the Council issued a response to the complainant which complied with section 17 of the Act.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld; FOI s.10 - Complaint Upheld; FOI s.17 - Complaint Upheld
Full Transcript of Decision Notice FS50079476


Case Ref: FS50078267
Date: 12/12/05
Public Authority: Oadby and Wigston Borough Council
Summary: The complainant requested information concerning a planning application, specifically "why five Councillors did not vote or abstain" in the meeting in which the planning application was discussed. Oadby and Wigston Borough Council informed the complainant that they did not hold the information, however the complainant maintained the information did exist. The Commissioner is satisfied that Oadby and Wigston Borough Council do not hold this information.
Section of Act/EIR & Finding: FOI s.1 - Not Upheld
Full Transcript of Decision Notice FS50078267


Case Ref: FAC0085364
Date: 8/12/05
Public Authority: Social Security Agency (SSA)
Summary: On 12/06/05 the complainant requested information on the SSA's quality management processes. This information was provided on 03/08/05, exceeding the 20 working day time limit.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld
Full Transcript of Decision Notice FAC0085364


Case Ref: FS50089177
Date: 08/12/05
Public Authority: South and East Belfast Health and Social Services Trust
Summary: On 01/08/05 the complainant requested information relating to her mother's care, and a complaint made against the Trust by herself. This information was not provided until 04/11/05, exceeding the 20 day time limit.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld
Full Transcript of Decision Notice FS50089177


Case Ref: FS50093281
Date: 08/12/05
Public Authority: University of Ulster
Summary: On 30/05/05 the complainant requested financial information on the University's swimming, diving and hydrotherapy pools. This information was not provided until 07/11/05, exceeding the 20 working day time limit.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld
Full Transcript of Decision Notice FS50093281


Case Ref: FS50070880
Date: 07/12/05
Public Authority: Newcastle upon Tyne Hospital NHS Trust
Summary: The complainant requested information from the Trust relating to the date on which its policy for handling vexatious complaints was introduced, and also the location of other information provided was not that which he had requested. The Commissioner has found the response of the public authority did provide the complainant with the information requested.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld
Full Transcript of Decision Notice FS50070880


Case Ref: FS50087297
Date: 07/12/05
Public Authority: Sandwell Metropolitan Borough Council
Case Summary: The complainant requested information relating to the inspection of a children's play area. The Council provided some of the information; however, they were unable to locate the relevant reports for two specific weeks and explained this to the applicant. In addition they stated that they would not continue to search for the relevant reports. The complainant did not receive the outstanding information and so re-iterated his initial request. Following an investigation and internal review by the Council, it was found that inspections were not carried out on the weeks in question and so there was no further information to provide. The Commissioner is satisfied with the assurances of the public authority that the outstanding information was not held.
Section of Act/EIR & Finding: FOI s.1 - Complainant Not Upheld
Full Transcript of Decision Notice FS50087297