Home Office (Decision Notice) FS50347500: ICO 15 Aug 2011

The complainant requested information from the UK Border Agency (the UKBA) relating to the Statement of Changes in the Immigration Rules HC 367. The UKBA confirmed information was held but refused to disclose it by reference to sections 35(1)(a) (formulation and development of government policy) and 42(1) (legal professional privilege). The Commissioner investigated and finds that, in relation to the majority of the requested information, sections 35(1)(a) and 42(1) are engaged and that the balance of the public interest weighs in favour of maintaining the exemptions. However, in relation to the content of part of this information the Commissioner finds that none of the exemptions cited are engaged and that the UKBA breached sections 1(1)(b) and 10(1) in refusing to disclose this information. The UKBA is now required to disclose this information to the complainant.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 35 – Complaint Partly Upheld, FOI 42 – Complaint Partly Upheld
References: [2011] UKICO FS50347500
Links: Bailii
Jurisdiction: England and Wales

Last Update: 16 November 2020; Ref: scu.530749

Home Office (Decision Notice) FS50324433: ICO 15 Aug 2011

The complainant requested information relating to the abolition of the Assets Recovery Agency. The public authority refused to provide this information citing exemptions at section 23 (Security bodies), section 35 (Formulation/Development of Government policy) and section 21 (Reasonably accessible to the requester). It upheld this position on internal review. The Commissioner has decided that the withheld information is exempt under section 23 of the Act. However, he has identified a number of procedural shortcomings in the way the public authority handled this request.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 23 – Complaint Not upheld
References: [2011] UKICO FS50324433
Links: Bailii
Jurisdiction: England and Wales

Last Update: 16 November 2020; Ref: scu.530748

Home Office (Decision Notice): ICO 9 Aug 2011

The complainant asked the UK Border Agency to provide information relating to comprehensive sickness insurance of EEA nationals. The public provided some information but withheld the remainder using the exemptions in sections 35(1)(a), 40(2) and 42(1) of the Freedom of Information Act. The Commissioner’s decision is that the information was properly withheld by reference to section 35(1) and the complaint is not upheld. The public authority’s handling of the request also resulted in breaches of certain procedural requirements of the Act as identified in this Notice. Information Tribunal appeal EA/2011/0203 allowed.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 35 – Complaint Not upheld
References: [2011] UKICO FS50377314
Links: Bailii
Jurisdiction: England and Wales

Last Update: 16 November 2020; Ref: scu.530751

Wood Green High School (Decision Notice): ICO 16 Jul 2009

The complainant made a request to the Governing Body of Wood Green High School (the ‘School’) for information relating to the letting of School facilities. The School provided its lettings policy but refused to provide the complainant with the rest of the requested information and relied upon the provisions contained at sections 12 and 14 of the Freedom of Information Act 2000 (the ‘Act’). The School asserted that to comply with the request would exceed the pounds 450 cost limit and therefore it was not obliged to do so under section 12 of the Act. The School also deemed the request vexatious under section 14(1) of the Act. Upon consideration of all of the circumstances of the case the Commissioner considers that section 12(1) was correctly engaged in this case. The Commissioner did not therefore go on to consider the School’s application of section 14. The Commissioner does however consider that the School breached section 16(1) and section 17(5) of the Act in its handling of this request.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld, FOI 16 – Complaint Upheld, FOI 17 – Complaint Upheld
References: [2009] UKICO FS50190669
Links: Bailii
Jurisdiction: England and Wales

Last Update: 16 November 2020; Ref: scu.532115

Olympic Delivery Authority (Decision Notice): ICO 1 Aug 2011

The complainant made a request under the Environmental Information Regulations 2004 (EIRs) to the Olympic Delivery Authority (ODA) asking whether there was any connection between radioactive contamination at the Olympic Park and a set of plinths described in a tender request. ODA responded that there was no connection between the management of contamination of their site and the plinths. The Commissioner decided, on the balance of probabilities, that ODA did not hold any undisclosed information within the scope of the request. ODA had an obligation under Regulation 9(1) to provide advice and assistance to the complainant. The extended answers that ODA gave, both in responding to the initial request and subsequently, complied with this obligation.
Section of Act/EIR and Finding: EIR 9 – Complaint Not upheld
References: [2011] UKICO FER0379982
Links: Bailii
Jurisdiction: England and Wales

Last Update: 16 November 2020; Ref: scu.530773

Price v Powel and Others: QBD 11 Dec 2012

References: [2012] EWHC 3527 (QB)
Links: Bailii
Coram: Mr Justice Tugendhat
Ratio: Claim for damages for misuse of private information, an order requiring the defendants to deliver up copies of documents and an order requiring them to disclose to the claimant the names of persons to whom the information in question has been disclosed.
Jurisdiction: England and Wales

Last Update: 15 June 2020
Ref: 466973