First Decision notice on use of vexatious exemption


Case Ref: FS50078594
Date: 08/03/06
Public Authority: Birmingham City Council
Summary: The complainant made 27 largely thematic requests for information and was advised by the council that they were considering applying the s14 exemption. The complainant then submitted a further 11 largely thematic requests. In line with Freedom of Information Act 2000 Awareness Guidance No. 22: Vexatious and Repeated Requests, the Commissioner considered whether the Public Authority had demonstrated that the requests would impose a significant burden, have the effect of harassing the Public Authority, or could otherwise be characterised as obsessive or manifestly unreasonable. In addition the Commissioner considered the number and nature of the requests, the exemption had been applied by the Council. The Commissioner concluded that there was a demonstrable pattern in all but two of the requests for information, and so judged that the Council had applied the exemption correctly in all but
the two identified requests.
Section of Act/EIR & Findings: FOI s.14 Complaint largely upheld.
Full Transcript of Decision Notice FS50078594


Further decision notices

Case Ref: FS50083404
Date: 03/03/06
Public Authority: The Parole Board
Summary: On 20 June 2005 the complainant requested from the Parole Board the number of prisoners of Persian origin who had been refused parole. The complainant received the information on 23 December 2005, and so the Commissioner has therefore found that the Board breached s.10 of the Act by not responding 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 FS50083404


Case Ref: FS50092024
Date: 02/03/06
Public Authority: The University of Ulster
Summary: On 13 May 2002 the complainant requested information from the
University of Ulster relating to a series of homophobic incidents at the Jordanstown campus, and also asked for a copy of the university's complaints procedure. Following the intervention of the Commissioner the University released the information 16 November, six months after the initial request. The Commissioner has therefore judged that the University was in breach of s.10 of the Act by not responding with the 20 working day time limit.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld; FOI s.10 - Complaint Upheld
Full transcript of Decision Notice FS50092024


Case Ref: FS50073127
Dae: 01/03/06
Public Authority: Department of the Environment (NI)
Summary: On 12 March 2005 the complainant requested information related to the granting of planning permission to store asbestos at Crosshill Quarry. The information was provided on 9 May 2005, outside the 20 working day time limit, and so the commissioner has judged the Department to be in breach of s.10 of the Act.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld
Full Transcript of Decision Notice FS50073127