Latest decision notices

Case Ref: FS50092801
Date: 09/08/06
Public Authority: Gwynedd Local Health Board/Bwrdd lechyd Lleol Gwynedd
Summary: The complainant requested information relating to informal discussions which took place between the local authority and the local health board. The public authority informed the complainant that the information requested was not held because the discussions were not recorded. The complainant did not accept this and complained to the Commissioner. Following investigation of the complaint, and in the absence of any evidence to the contrary, the Commissioner's decision is that the information requested is not held and that the public authority has dealt with the complainant's request in accordance with Part 1 of the Act. The decision notice specifies no remedial steps to be taken by the public authority.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld
Full Transcript of Decision Notice FS50092801


Case Ref: FS50086131
Date: 09/08/06
Public Authority: Newcastle upon Tyne Hospitals NHS Trust
Summary: The complainant sought disclosure of a report commissioned by the Newcastle upon Tyne Hospitals NHS Trust into the standard of clinical practice of a particular doctor. The Trust refused to disclose the information and upheld its decision on internal appeal, placing reliance upon the exemptions under sections 31, 36, 40 and 41 of the Act. The Commissioner considered the correspondence exchanged between the parties, sought clarification as to the basis for the Trust's reliance upon the exemptions and inspected the information withheld. The Commissioner's decision is to uphold the decision of the Trust to withhold the information.
Section of Act/EIR & Finding: FOI s.31 - Complaint Not Upheld; FOI s.36 - Complaint Not Upheld; FOI s.40 - Complaint Not Upheld; FOI s.41 - Complaint Not Upheld
Full Transcript of Decision Notice FS50086131


Case Ref: FS50085398
Date: 08/08/06
Public Authority: London Metropolitan University
Summary: The complainant requested information relating to a degree course he had commenced at the London Metropolitan University in September 1988. The response initially given to the complainant did not meet the requirements of the Act. Following the Commissioner's intervention, the university provided a refusal notice in line with section 17 of the Act and stated that the complainant's requests were, for the most part, vexatious, as all of the information requested had been provided to the complainant previously. The Commissioner agrees that these requests were vexatious. The university had conceded that its initial response fell outside the statutory response time and failed to meet the requirements of section 17.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld; FOI s.17 - Complaint Upheld; FOI s.14 - Complaint Not Upheld
Full Transcript of Decision Notice FS50085398


Case Ref: FS50080412
Date: 07/08/06
Public Authority: Exeter City Council
Summary: The complainant requested any information held by the council on the disposal or sale of a piece of land to the Fire Service. The council withheld the information on the basis that section 43 applied (commercial interests exemption). The Commissioner's decision is that the information should be disclosed as there would be no prejudice to disclose it at this time. The Commissioner also decided that even if prejudice was likely the public interest in disclosing the information outweighed that of maintaining the exemption in this instance, and therefore requires the council to disclose the requested information to the complainant within 30 days.
Section of Act/EIR & Finding: FOI s.43 - Complaint Upheld
Full Transcript of Decision Notice FS50080412


Case Ref: FS50092310
Date: 07/08/06
Public Authority: London Borough of Lewisham
Summary: The complainant made two requests to the public authority for information related to homelessness within Lewisham. The public authority responded to the first request by supplying some of the information that had been requested but then failed to respond to the complainant's second request. Despite attempts by the Commissioner to resolve the case informally the public authority still delayed disclosing the information. The council are now required to disclose the outstanding information from the first request and respond to the complainant's second request, or else issue a refusal notice in accordance with section 17 of the Act, within 35 days of the date of this notice.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld; FOI s.10 - Complaint Upheld
Full Transcript of Decision Notice FS50092310

Case Ref: FS50101916
Date: 01/08/06
Public Authority: Child Support Agency (an Executive Agency of the Department of Work and Pensions)
Summary: The complainant requested information on consolatory payments issued by the CSA, and complained to the Commissioner on the grounds that the response was outside 20 working day time limit, and that not all relevant information was provided. The Commissioner's decision is that the CSA did provide all the information it held, but that the response came outside the 20 working day limit, in breach of section 10 of the Act.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld; FOI s.10 - Complaint Upheld
Full Transcript of Decision Notice FS50101916


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