Monday, May 22, 2006

Latest decision notices from the ICO

Also remember that UCL Constitution Unit have developed a useful index of ICO decisions listed by the relevant section of the FOIA

Case Ref: FS50072183
Date: 18/05/06
Public Authority: Lancashire Constabulary
Summary: On 3 January 2005 the complainant asked a number of questions of the public authority relating to an alleged complaint made in 2004. The complainant was told that these questions were not being dealt with as requests under the Freedom of Information Act 2000 and that he should redirect them to a named department of the Constabulary. Following repeated attempts to resolve the case informally the Commissioner has decided that the Constabulary has not dealt with the complainant's request properly and requires it confirm or deny, for each question, whether information is held, and, if it is held, to either communicate that information or properly refuse to do so.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld
Full Transcript of Decision Notice FS50072183

Case Ref: FS50093251
Date: 16/05/06
Public Authority: Eastbourne Downs Primary Care Trust
Summary: The complainant requested copies of letters from the Audit Commission expressing concern at the state of the Trust's finances, as well as all information held in relation to complaints about certain medical professionals and employees of the Trust. The Trust provided the applicant with a copy of one letter from the Audit Commission, and in response to second part of the request, explained that information on some individuals, about whom complaints were made, was not held and information on the other individuals was exempt under sections 40 and 41. Having investigated the Commissioner is satisfied that no further letters from the Audit Commission on the state of the Trust's finances are held and that two exemptions were properly applied.
Section of Act/EIR & Finding: FOI s.40 - Complaint Not Upheld, FOI s.41 - Complaint Not Upheld
Full Transcript of Decision Notice FS50093251

Case Ref: FS50087884
Date: 16/05/06
Public Authority: Oswestry Borough Council
Summary: The complainant requested details of how much money the Council had set aside from right to buy sales between 1979 and 1997, and also wanted to know whether this money would be used to fund a new leisure centre in the borough. The council responded by stating it did not hold information regarding right to buy sales from as far back as 1979, but provided the complainant with the figures for the years 1993/94 to 1997 as this was the oldest information available. Additionally the council explained the leisure centre was funded from various sources and it was unable to say how much of this was generated from right to buy sales. However, the complainant did not accept that the information regarding right to buy sales for the years prior to 1993/94 was not held and complained to the Commissioner. The Commissioner contacted the council, which demonstarted that the information would have been disposed of in line with their records retention policy.
Section of Act/EIR & Finding: FOI s. 1 - Complaint Not Upheld
Full Transcript of Decision Notice FS50087884

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