Latest decision notices

Some interesting cases, especially the Cabinet Office one relating to dates of telephone discussions between the Prime Minster, Rupert Murdoch and Richard Desmond. The ICO comments about lack of clear explanations also rings true with many of my dealings.

The FCO/PFI case is also important in terms of "the moving target" that FOI cannot reach - illustrating how these types of PFI deals manage to keep away from the clutches of FOI - something that needs to be addressed by adding further authorities under Section 5.


Case Ref: FS50089927
Date: 05/07/06
Public Authority: London Borough of Lewisham
Summary: The complainant requested information from the council but was not satisfied that the response contained all the relevant information. The Commissioner has upheld this complaint and so requires the public authority to respond in accordance with section 1(1) of the Act.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld
Full Transcript of Decision Notice FS50089927


Case Ref: FS50086128
Date: 03/07/06
Public Authority: The Cabinet Office
Summary: The complainant requested dates of telephone discussions between the Prime Minster, Rupert Murdoch and Richard Desmond. Although it was confirmed that the information was held it was refused on the basis that disclosure would be prejudicial to the effective conduct of public affairs. The Commissioner found that in this particular case the public interest required the disclosure of the requested information, provided that the Cabinet Office's records indicated that the discussions which had taken place were of an official nature. The Commissioner also concluded that when refusing the request for information the Cabinet Office should have provided a clearer explanation of both why it considered the information exempt and of its consideration of the public interest test.
Section of Act/EIR & Finding: FOI s.17, s.36 - Complaint Partly Upheld
Full Transcript of Decision Notice FS50086128

Case Ref: FS50083787
Date: 26/06/06
Public Authority: Foreign and Commonwealth Office
Summary: The complainant requested copies of the successful bidding documents for the contract to construct GCHQ's new building. On the grounds that, in line with the government's Private Financial Initiative, this contract was between a contractor of the Foreign and Commonwealth Office and a sub-contractor, the Commissioner accepted that the information requested was not held by the Foreign Commonwealth Office.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld
Full Transcript of Decision Notice FS50083787


Case Ref: FS0101193
Date: 26/06/06
Public Authority: Lancashire County Council
Summary: The complainant has asked Lancashire County Council for details of prosecutions of traders for selling alcohol to children following investigations by the Council's trading standards officers. Disclosure of the information was refused by the Council under section 40 on the grounds that it contained personal information about those prosecuted. The Commissioner examined the information and considered the disclosure in anonymised form would not breach the data protection principles. He decided therefore that the withheld information should be released. The Commissioner required that a caveat be attached to the released information indicating that different businesses may now be trading from the addresses listed and that some individuals who had been prosecuted may no longer be associated with the premises in question.
Section of Act/EIR & Finding: FOI s.40 - Complaint Upheld
Full Transcript of Decision Notice FS50101193


Case Ref: FS50072714
Date: 23/06/06
Public Authority: Hounslow Primary Care Trust
Summary: As a result of an earlier application, the complainant submitted a refined request on 14 February 2006, relating to correspondence between various parties in connection with the care treatment of his father-in-law. On 6 April 2006 the complainant informed the Commissioner that he had not received a response. The Commissioner wrote to the Trust asking for a response by a specific date, but the deadline has not been met. The Commissioner has therefore issued a Decision Notice requiring the Trust to respond to the request within 30 days of the date of service.
Section of Act/EIR & Finding: FOI s 1(1) - Complaint Upheld
Full Transcript of Decision Notice FS50072714