South African law

FER0771483

Retrieved on: 
Thursday, April 4, 2019

The complainant has requested a copy of an officer report which recommends the non-enforcement of a planning condition relating to the stopping up of a footpath. The council applied Regulation 12(5)(b) to withhold the information. The Commissioner’s decision is that the council was not correct to apply the exception to withhold the information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the requested information to the complainant.

Key Points: 
  • The council applied Regulation 12(5)(b) to withhold the information.
  • The Commissioners decision is that the council was not correct to apply the exception to withhold the information.
  • The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
  • To disclose the requested information to the complainant.

FS50785625

Retrieved on: 
Thursday, April 4, 2019

The complainant has requested the results of an investigation by the Standards and Testing Agency (STA) into allegations of maladministration at a Primary School. The complainant also asked for any communications, documents or notes relating to the results and investigation. The STA identified relevant information and sought to withhold this under section 36(2), 41 and 40(2) of the FOIA. The Commissioner’s decision is that the STA has correctly withheld the majority of the information under section 36(2)(b) and (c) of the FOIA but in the case of one letter finds the public interest favours disclosure. The Commissioner considered if section 41 could be applied to withhold this letter and concluded the exemption was not engaged.  The Commissioner requires the public authority to disclose the information from ‘letter to close the investigation’ with appropriate redactions made for any personal data.

Key Points: 
  • The complainant also asked for any communications, documents or notes relating to the results and investigation.
  • The STA identified relevant information and sought to withhold this under section 36(2), 41 and 40(2) of the FOIA.
  • The Commissioner considered if section 41 could be applied to withhold this letter and concluded the exemption was not engaged.
  • The Commissioner requires the public authority to disclose the information from letter to close the investigation with appropriate redactions made for any personal data.

FER0771418

Retrieved on: 
Thursday, March 28, 2019

The complainant has requested information on a specific planning application with respect to the actions of a named officer. The Commissioner’s decision is that the London Borough of Barnet was entitled to rely on regulation 12(4)(b) – the request for information being manifestly unreasonable – to refuse to comply with the request. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.

Key Points: 
  • The complainant has requested information on a specific planning application with respect to the actions of a named officer.
  • The Commissioners decision is that the London Borough of Barnet was entitled to rely on regulation 12(4)(b) the request for information being manifestly unreasonable to refuse to comply with the request.
  • The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.

FS50759853

Retrieved on: 
Wednesday, March 27, 2019

The complainant requested information held between Cardiff Council (‘the Council’) and a named Councillor about a specific issue . The Council initially stated that it did not hold the information requested, however, during the course of the Commissioner’s investigation the Council disclosed some information. The Commissioner’s decision is that, on the balance of probabilities the Council does not hold any relevant information falling within the scope of the request. The Commissioner does not require any steps to be taken.

Key Points: 
  • The complainant requested information held between Cardiff Council (the Council) and a named Councillor about a specific issue .
  • The Council initially stated that it did not hold the information requested, however, during the course of the Commissioners investigation the Council disclosed some information.
  • The Commissioners decision is that, on the balance of probabilities the Council does not hold any relevant information falling within the scope of the request.
  • The Commissioner does not require any steps to be taken.

FS50800957

Retrieved on: 
Wednesday, March 27, 2019

The complainant requested photographs relating repair works undertaken inside a specific property. The Council provided some information, but this was not the requested information. Following the Commissioner’s intervention the Council provided the complainant with the requested information. The Commissioner’s decision is that the public authority has complied with the complainant’s request, but only did so following the Commissioner’s intervention. Since the requested information was not disclosed within the statutory time for compliance the Commissioner finds that the public authority failed to comply with section 1(1)(a) and section 10(1). The Commissioner does not require any steps to be taken.

Key Points: 
  • The Council provided some information, but this was not the requested information.
  • Following the Commissioners intervention the Council provided the complainant with the requested information.
  • The Commissioners decision is that the public authority has complied with the complainants request, but only did so following the Commissioners intervention.
  • Since the requested information was not disclosed within the statutory time for compliance the Commissioner finds that the public authority failed to comply with section 1(1)(a) and section 10(1).

FS50797778

Retrieved on: 
Thursday, March 21, 2019

The complainant submitted three requests to the Ministry of Defence (MOD) about the procurement of a particular contract. The MOD disclosed some information falling within the scope of the request but sought to withhold further information on the basis of sections 21 (information reasonably accessible to the requester), 40 (personal data), 41 (information provided in confidence), 44(1)(b) (statutory prohibition), 26(1)(b) (defence), 38 (health and safety) and 43(2) (commercial interests) of FOIA. The Commissioner has concluded that the information which the MOD is seeking to withhold is exempt from disclosure on the basis of sections 26(1)(b), 43(2) and 40(2) of FOIA.

Key Points: 
  • The complainant submitted three requests to the Ministry of Defence (MOD) about the procurement of a particular contract.
  • The MOD disclosed some information falling within the scope of the request but sought to withhold further information on the basis of sections 21 (information reasonably accessible to the requester), 40 (personal data), 41 (information provided in confidence), 44(1)(b) (statutory prohibition), 26(1)(b) (defence), 38 (health and safety) and 43(2) (commercial interests) of FOIA.
  • The Commissioner has concluded that the information which the MOD is seeking to withhold is exempt from disclosure on the basis of sections 26(1)(b), 43(2) and 40(2) of FOIA.

FS50800962

Retrieved on: 
Thursday, March 21, 2019

The complainant has requested records of telephone or email contact regarding repair works undertaken on a specific property. The Council says it has provided all the relevant information it holds. The Commissioner’s decision is that the public authority does not hold any further information. The Commissioner does not require any steps to be taken.

Key Points: 

The complainant has requested records of telephone or email contact regarding repair works undertaken on a specific property. The Council says it has provided all the relevant information it holds. The Commissioners decision is that the public authority does not hold any further information. The Commissioner does not require any steps to be taken.

FS50753915

Retrieved on: 
Thursday, March 21, 2019

The complainant requested from North West Leicestershire District Council (the Council) information in relation to a compensation payment recorded in the Council’s accounts for 2016/17. The Council decided to withhold some information relying on sections 40(2) (personal information) and section 41 (information provided in confidence) of the FOIA, whilst for the remainder of the request it stated that it did not hold the requested information.
The Commissioner’s decision is that the Council has correctly applied the exemption provided by section 40(2). Following that conclusion it was not necessary to also consider the application of section 41.
The Commissioner also found that the Council incorrectly stated that it did not hold further information, resulting in a breach of section 1(1) of the FOIA. She requires the Council to provide the complainant with a fresh response regarding Question (2).
The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

Key Points: 
  • The complainant requested from North West Leicestershire District Council (the Council) information in relation to a compensation payment recorded in the Councils accounts for 2016/17.
  • The Commissioners decision is that the Council has correctly applied the exemption provided by section 40(2).
  • Following that conclusion it was not necessary to also consider the application of section 41.
  • The Council must take these steps within 35 calendar days of the date of this decision notice.

FER0778711

Retrieved on: 
Thursday, March 21, 2019

The complainant has requested a copy of a draft report on a decision for the county council not to take further steps in respect of the creation of a footpath. The council refused the request on the grounds that Regulation 12(4)(d) applied (material in the course of completion).
The Commissioner’s decision is that the council was correct to apply Regulation 12(4)(d) to the information, however the public interest rests in the information being disclosed.
The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the withheld information to the complainant. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

Key Points: 
  • The council refused the request on the grounds that Regulation 12(4)(d) applied (material in the course of completion).
  • The Commissioners decision is that the council was correct to apply Regulation 12(4)(d) to the information, however the public interest rests in the information being disclosed.
  • The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
  • The public authority must take these steps within 35 calendar days of the date of this decision notice.

FS50779655

Retrieved on: 
Thursday, March 21, 2019

The complainant requested information in relation to possible renovation works on a property. Relying on regulation 13(5A)(5)(B) the public authority neither confirmed nor denied whether it held the requested information. The Commissioner concluded that the public authority was entitled to rely on regulation 13(5A)(5)(B) as the basis for neither confirming nor denying whether it held the requested information.

Key Points: 
  • The complainant requested information in relation to possible renovation works on a property.
  • Relying on regulation 13(5A)(5)(B) the public authority neither confirmed nor denied whether it held the requested information.
  • The Commissioner concluded that the public authority was entitled to rely on regulation 13(5A)(5)(B) as the basis for neither confirming nor denying whether it held the requested information.