Church of Scientology rates relief information disclosed

The City of London has disclosed information relating to the decision to grant the Church of Scientology Religious Education College (COSREC) mandatory relief from business rates for its premises at 146 Queen Victoria Street in London. The disclosure follows a ruling from the Information Commissioner (FS50265544) that minutes of a meeting between the CoL and COSREC in August 2006 should be disclosed.  The CoL had sought to withhold the minutes under sections 31(1)(d), 41(1) and 40(2) of the FOI Act.

The Commissioner’s decision notice states:

The Commissioner considers that there is a significant legitimate public interest in obtaining information about the process that led to COSREC being granted mandatory rate relief to enable the public to better understand how this organisation qualified for this form of tax relief. Particularly as the COSREC is controversial, there is significant public concern about the relief being awarded to this organisation, the amounts involved are substantial and the cost of mandatory rate relief is met by the public purse.

The documents made available by the CoL also include:

A legal opinion by Jonathan Crow QC from October 2008, correspondence with the Department for Communities and Local Government and a report considered by the Finance Committee at a meeting on 27 September 2010, where it was resolved to maintain the grant of mandatory relief.

The minutes were requested by William Thackeray.

Kent Messenger Group wins battle to release details of proposed lorry park sites

Exclusive report by political editor Paul Francis

Kent County Council has been told it must reveal details of all the locations it has considered as possible lorry park sites to deal with Operation Stack.

The KM Group has won an 18-month long battle to force the authority to disclose details of the other sites and how much each option might cost.

An information watchdog has ruled that the council was wrong to withhold the information and has ordered it must be disclosed because of the "considerable environmental impact" and the affect on people living in the area.

KentOnline had sought details of other sites under the Freedom of Act and Environmental Information Regulations.

But KCC said it was not in the public interest to release details of alternative sites, maintaining it was commercially sensitive and disclosure could affect land values.

It also argued the release would create anxiety and uncertainty among those living near the other locations.

In a ruling that comprehensively overturns KCC's case and upholds our appeal, the Information Commissioner's Office (ICO) says a list of alternative sites must now be released in the public interest.

The ruling will also mean that information about the possible planning constraints around the M20 site, originally redacted from documents already provided to the KM Group, will be released.

...

The ruling has been welcomed by residents and campaigners opposed to the lorry park plan for some 3,000 vehicles but is a setback for the council.

As recently as December, KCC leader Paul Carter told Folkestone and Hythe MP Michael Howard he would not publish the details of the other locations.

Full story here.
ICO Decision Notice FER219834 Kent County Council here.

ICO: physical restraint methods used against children should be made public

Press release
7 Jan 2010

The Information Commissioner's Office (ICO) has decided that it is in the public interest to disclose details about the methods used to restrain children and young people in secure training centres. The restraint methods include so-called distraction techniques which can involve deliberately inflicting pain on children.

Given the level of debate and controversy surrounding the use of physical restraint, on both legal and ethical grounds, and the evidence that these techniques can result in physical harm, the Assistant Information Commissioner, Gerrard Tracey, decided there is a significant public interest in releasing the manual in full.

Full ICO press release.
ICO decision notice FS50173181 Youth Justice Board for England and Wales

See also 'Release of secret child punishment manual ordered', The Guardian 10/1/2010

Queen's finances to be revealed

The Independent
21 Dec 2009

Secret correspondence between the Government and Buckingham Palace concerning the growing public cost of the Royal Family is to be released to The Independent after three years of campaigning.

In a far-reaching ruling, the Government must disclose more than 100 letters and memos written by ministers and members of the Royal Household during negotiations over public subsidies paid to the Queen for the upkeep of her palaces.

The Information Commissioner's decision deals a severe blow to the Royal Family's efforts to ensure correspondence between the Palace and the Government is not caught by the public's right-to-know law. Royal aides warned ministers that they did not want the letters disclosed to The Independent.

Secret correspondence between the Government and Buckingham Palace concerning the growing public cost of the Royal Family is to be released to The Independent after three years of campaigning.

In a far-reaching ruling, the Government must disclose more than 100 letters and memos written by ministers and members of the Royal Household during negotiations over public subsidies paid to the Queen for the upkeep of her palaces.

The Information Commissioner's decision deals a severe blow to the Royal Family's efforts to ensure correspondence between the Palace and the Government is not caught by the public's right-to-know law. Royal aides warned ministers that they did not want the letters disclosed to The Independent.

Full article here.
Information Commissioner's decision here.

Releasing ministerial letter on NHS contract will not limit free and frank discussions

ICO press release
17 September 2009

The Information Commissioner has ordered the Department of Health to release a letter from a former Treasury minister concerning the NHS consultant contract. The Department of Health received a request under the Freedom of Information Act for the business case on the consultants’ contract which it provided to HM Treasury in 2002. The requester also asked for a copy of HM Treasury’s response.

...

The Information Commissioner agrees that the exemption applies. Nonetheless, the letter from a Treasury minister, which contains the response to the business case, must be released on public interest grounds. The Information Commissioner is not persuaded by the view that disclosure would affect the frankness and candour with which ministers would debate policy issues in the future. The Decision Notice also highlights that this contract is no longer a ‘live’ issue, but that there has been significant public interest in whether the contract has delivered value for money.

Full ICO press release here.

Essex Police criticised for lack of engagement with ICO investigation

Essex Police have been strongly criticised by the Information Commissioner over their handling of a request and lack of engagement with the Commissioner's Office during its investigation of the case:

"During the course of his investigation, the Commissioner has met with resistance in his attempts to understand the public authority's reasons for invoking section 12 [the cost limit]. The public authority has appeared unwilling or unable to provide the details requested or to meet the timescales for response set out in the Commissioner's letters. The Commissioner does not consider the public authority's approach in this case to be particularly co-operative, or within the spirit of the Act. As such he will be monitoring the public authority's future engagement with his office and would hope to see improvements in this regard."

The force was also criticised for destroying requested information before the appeal process had been fully exhausted - the notice states it "may have been destroyed after the public authority became aware of the Commissioner's investigation" - for taking five months to complete an internal review and for failing to provide the requester with adequate advice and assistance.

See Decision Notice FS50143930

SIC orders release of PFI prison contract financial model

BBC News
10 September 2009

Scotland's Information Commissioner has ordered the release of key financial data from a £50m PFI contract for Kilmarnock jail.

The Scottish Prison Service (SPS) and the private jail's operator had resisted giving the information to the union Unison.

They argued it would substantially prejudice the contractor's commercial interests.

Unison said it was "a major victory for the public's right to know".

The prison is operated by Serco on behalf of the Scottish Prison Service.

The SPS said it was "currently considering its response".

Information Commissioner Kevin Dunion said the significance of the financial model data had diminished substantially since the 25-year contract was signed in November 1997.

Unison's Scottish organiser Dave Watson said the union had long argued there was too much secrecy around PFI and Public Private Partnership (PPP) contracts.

"Too often the public is denied information about the costs of hospital, school and prison contracts on the grounds of commercial prejudice or commercial confidentiality," he said.

"This decision is extremely important and should help pave the way for greater access to information about all PFI/PPP contracts."

http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/8247114.stm

SIC Decision 104/2009 UNISON Scotland and the Scottish Prison Service here.

ICO rules on FOI complaint into the alleged abuse of the honours system

ICO press release
4 June 2009

The Information Commissioner’s Office (ICO) has ordered the Metropolitan Police Service (MPS) to release some of the information from a senior investigating officer’s report relating to an investigation into alleged abuse of the honours system in 1997. The ICO has ordered that the information should be disclosed under the Freedom of Information Act.

The ICO accepted that disclosing the report in full, including the names of witnesses, may restrict the flow of information to the force which could prejudice future investigations. However, as the investigation into the alleged abuse of the honours system was closed in 1999, the ICO considered that disclosure of paragraphs 15-21 of the police report would not cause disruption. In addition, the MPS provided no evidence that the investigation would be re-opened.

Read the full decision notice -
FS50153447 Commissioner of the Metropolitan Police Service

Department of Health must improve its management of records

ICO press release
9 March 2009

The Information Commissioner’s Office (ICO) has issued a formal practice recommendation to the Department of Health regarding its record management practice. This follows a request by the ICO, and with the agreement of the Department, for the National Archives (TNA) to conduct an assessment of records management practice at the authority.
...
The assessment found that there are good central policies and guidance in place. However, much of the responsibility for day-to-day management of records has been devolved to local staff, leading to the development of local practices, some of which lack consistency across the Department. The recommendation concludes that senior managers must do more to ensure that good behaviours and practices are reinforced, especially in the face of organisational changes.
...
This is the second practice recommendation the ICO has issued to the Department of Health for failing to meet its requirements under the Freedom of Information Act. In April 2008 the Department was served a practice recommendation in relation to its handling of FOI requests.

The Information Commissioner recognises that the Department is already working to improve its records management practices and welcomes this approach. The ICO will continue to monitor the Department’s request handling and records management functions and with the support of TNA, will be assessing its progress against the recommendations.

View the practice recommendation.
view a copy of the National Archives assessment report.

ICO orders 32 local authorities to release information on pension payments

ICO press release
Date: 28 Feb 2008

In a landmark ruling under the Freedom of Information Act, the Information Commissioner has ordered 32 local authorities to disclose the amount of money paid to brokers by investment managers on behalf of employees’ pension funds. The Information Commissioner, Richard Thomas, has ruled that there is a strong public interest in releasing the information.

In one case, Tameside Metropolitan Borough Council received a FOI request for all IMA (Investment Managers Association) disclosure tables. The tables contain a breakdown of the commission payments made by investment managers on behalf of the Greater Manchester Pension Fund. These payments are directly deducted from the pension fund.

The council refused to disclose the information citing two exemptions, confidentiality agreements and commercial sensitivity. However, the Information Commissioner decided that the public interest in disclosing the information overrides the public interest in maintaining the exemptions.

See also:

Information watchdog targets private sector - Financial Times, 28 Feb 2008

Read the decision notice

ICO orders release of Cabinet minutes relating to Iraq invasion

ICO Press Release
Tuesday 26 February 2008

The Information Commissioner, Richard Thomas, has ordered the Cabinet Office to release the minutes of Cabinet meetings where military action against Iraq was discussed. He does not believe, however, that the disclosure of these minutes will necessarily set a precedent in respect of other Cabinet minutes.

The Commissioner’s decision follows a request under the Freedom of Information Act for a copy of Cabinet minutes and records relating to two meetings held between 7 – 17 March 2003 where the Attorney General’s legal advice was considered.

The Cabinet Office refused to release the information, stating that it is exempt from disclosure because it relates to the formulation of government policy and ministerial communications.

The Information Commissioner fully recognises the Cabinet Office’s arguments against disclosure of the information in relation to the importance of the Cabinet’s ability to freely consider the most important and sensitive policy issues without inhibition. He also accepts that protecting the convention of Cabinet collective responsibility is a strong factor in favour of withholding of Cabinet minutes.

However, in the Information Commissioner’s view the public interest in disclosing the Cabinet minutes in this particular case outweighs the public interest in withholding the information. He believes that disclosure of the information would allow the public to more fully understand this particular decision of the Cabinet and considers several public interest factors to favour the disclosure of this information:

• The gravity and controversial nature of the subject matter
• Accountability of government decisions
• Transparency of decision making
• Public participation in government decisions
However, the Information Commissioner accepts the Cabinet Office’s argument that there are a number of specific references in the Cabinet minutes which, if released, would be likely to have a detrimental effect on international relations. He therefore concludes that in respect of these references the public interest in maintaining the exemptions does outweigh the public interest in disclosure.

ENDS

The Campaign for Freedom of Information has welcomed the Commissioner's decision.

Read the decision notice (Pdf)

ICO rules against the BBC withholding information

ICO Press Release
12 February 2008

The Information Commissioner, Richard Thomas, has ordered the BBC to disclose the name of the highest earner at BBC Northern Ireland and their pay band under the Freedom of Information Act. However, the Information Commissioner agreed with the BBC that it would be unreasonable to disclose the exact salary.

The complainant also requested information on the payments made to several named television presenters and the costs of producing John Daly’s TV show. The BBC refused to disclose the information on the basis it was not a public authority with regard to the requests for information about talent costs and in-house production costs.

The Information Commissioner has ruled that the information was not held for the dominant purposes of journalism, art or literature and therefore falls within the scope of the Freedom of Information Act. However, the Information Commissioner concluded that the information relating to payments of presenters is exempt because it is personal information and release would breach the Data Protection Act. The Commissioner also found that the information relating to programme costs is exempt from disclosure as its release may prejudice the BBC’s commercial interests.

Read the decision notice (Pdf)

Mersey Care NHS Trust right not to release reports into five murders

ICO Press Release
8 February 2008

The Information Commissioner has ruled that the Mersey Care NHS Trust was right not to disclose five critical incident reports into five separate murders carried out by patients of the Trust. The Information Commissioner’s Office agreed with the Trust’s decision that the reports contain personal information and that their release under the freedom of information would breach the Data Protection Act 1998.

Mersey Care NHS Trust refused to release the reports on the grounds that they not only contained personal information of the Mersey Care patients referred to in the reports, including reference to their medical condition and treatment, but also contained the personal data of other individuals involved in their care, including their families. The Trust argued that the reports are exempt from disclosure because releasing this information would not have been expected by those who contributed to the internal inquiries and would be likely to cause damage or distress to the families of those involved.

The full decision notice can be viewed at
http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fs_50130130.pdf

ENDS

ICO orders release of more information on MPs' spending

ICO press release: 22 January 2007

The Information Commissioner, Richard Thomas, has ordered the House of Commons to release further details of some MPs’ spending, including incidental expenses and staff costs, on the grounds that such expenses arise from their role as public representatives and are reimbursed from the public purse.

The Information Commissioner has ruled that a breakdown of the total amounts claimed by some individual MPs for travel, incidental expenses, staffing, central IT provision, centrally purchased stationery and additional cost allowance should be released under the Freedom of Information Act. In the Commissioner’s view the legitimate public interest in disclosing the information outweighs the prejudice to the rights, freedom and legitimate interests of MPs.

This follows a request under freedom of information for details of spending relating to a number of MPs, including Tony Blair, Gordon Brown, Michael Howard and Charles Kennedy, during the year 2003-2004.

The travel expense information requested in this case is the most detailed travel information considered by the Information Commissioner to date. After consideration the Information Commissioner has ordered disclosure of the individual amounts claimed for 2003-2004 broken down by mode of travel under the following headings, MPs’ travel (further broken down by European and travel on parliamentary business within the UK), family and staff’s official business travel and summary details of the number and cost of individual journeys.

In making his decision the Information Commissioner considered whether the information requested related to individuals acting in an official rather than a private capacity. In the Information Commissioner’s view if individual MPs had not been elected to carry out their role as public representatives they would not be entitled to claim the related expenses. However the Information Commissioner fully accepts that MPs are entitled to a degree of privacy and are entitled to expect that personal information about their private lives will be appropriately protected from disclosure.

The Information Commissioner ruled that it would be unfair to disclose the specific sums paid to named staff members during the year covered by the request. The Information Commissioner believes that releasing the total staffing costs broken down by month for the year requested and the number of staff this pertains to each month would not be unfair.

Read the decision notice

Ministerial advice on Man Utd takeover reports should be released

ICO press release 13 Dec 2007

"The Information Commissioner, Richard Thomas, has ruled under the Freedom of Information Act that the Department for Culture, Media and Sport (DCMS) must release documents relating to the takeover of Manchester United Football Club.

The ruling follows a complaint to the Information Commissioner's Office (ICO) by a member of the public who wrote to the DCMS requesting copies of all documents, minutes and emails relating to the takeover of Manchester United FC by Malcolm Glazier's company, Red Football Ltd.
...
In his decision, the Information Commissioner took the view that the timing of the request was important and the request was made after the policy formulation and development process had effectively ended. In addition, the Information Commissioner noted that the disclosure of advice given by government officials in this case would not inhibit government officials from giving frank advice. Weighing up the arguments, the Commissioner found that the public interest favoured disclosure of the information."

Full press release (Pdf)

Decision notice fs_50121684 (Pdf)

PSNI investigated for FOI offence

ICO press release 15 November 2007:

"While considering a complaint under the Freedom of Information Act, the Information Commissioner’s Office (ICO) has investigated whether the Police Service of Northern Ireland (PSNI) deliberately concealed information with intent to prevent disclosure. It is a criminal offence under the Act to shred or conceal information that has been requested. The ICO launched a criminal investigation and interviewed a PSNI member of staff under caution.

This case stems from police asking a man to send his firearms licence to the local station for scrutiny. The licence was returned to the man with a number of additional conditions and the man decided to appeal. To assist his case he made a FOI request to the PSNI for policy documents about shotgun licensing. When the PSNI refused to disclose the requested information, the man complained to the ICO. He explained that, in his view, the PSNI had sought to withhold some of the requested information from him in the knowledge that it would assist his appeal about his firearms licence.

The Information Commissioner’s Office is under no doubt that the PSNI wrongly withheld information from the person making the FOI request and in a 15 page ruling the Information Commissioner expressed his concern at the PSNI’s failure to adequately handle the request.

Although there was insufficient evidence to mount a prosecution in this case, ICO staff met with the PSNI to identify the systemic breaches of the Act which the investigation into this complaint identified. This meeting was requested by the PSNI and, as a result of the issues raised in this case, the police have commenced an internal review of their FOI procedures.

The ICO’s decision, published at www.ico.gov.uk, also outlines that the PSNI failed to respond to the complainant’s request within the specified time limit, did not conduct an adequate public interest test and omitted to carry out an internal review of the case.

The PSNI did release some of the requested information, but the Information Commissioner has ordered the identities of more senior staff contained in policy documents, such as Inspector, Chief Inspector and Chief Superintendent, to be disclosed."

Read the full decision.

Recent ICO press releases

Home Office right to withhold information under FOI
The Information Commissioner’s Office (ICO) has ruled under the Freedom of Information Act that the Home Office was right to withhold five applications for licences to test drugs on animals. Read the press release.

Information Commissioner respects MPs' private lives in ruling on their additional cost allowances
The Information Commissioner has ordered the House of Commons to release information on the total expenses claimed by some MPs for areas such as mortgage costs, cleaning and furnishings. Read the press release.

Councils right to withhold retirement details under FOI
The Information Commissioner's Office has upheld the decisions by two local authorities to withhold personal information relating to a third party under the Freedom of Information Act. Read the press release.

National Gallery right to withhold information under FOI
The Information Commissioner's Office has ruled under the Freedom of Information Act that the National Gallery was right to withhold correspondence between the Gallery and the owner of a specific painting. Read the press release.

ICO upholds FOI decision by Estyn

ICO press release: 30 May 2007

"The Information Commissioner’s Office ruled that the public authority was right to neither confirm nor deny whether it holds information relating to alleged complaints made against two named officers of the public authority.

The public authority correctly cited an exemption for personal information. In this case the public authority did not have to confirm or deny the existence of the information as by doing so it would suggest that complaints had been received and this would breach people’s privacy."

Liverpool City Council criticised for Freedom of Information handling

ICO press release 11 May 2007:

The Information Commissioner’s Office (ICO) has criticised Liverpool City Council over its handling of requests under the Freedom of Information Act. In a letter to Chief Executive, Colin Hilton, the ICO cites a catalogue of failings by the council to meet the requirements of the Act and outlines what the council needs to do to improve its performance.

According to the Information Commissioner’s Office the council does not have adequate procedures in place to deal with freedom of information requests and failed, on a number of occasions, to provide the ICO with the information required to investigate a complaint under the Act.

A practice recommendation issued by the ICO highlights the council’s ‘symptomatic poor practice in handling freedom of information requests’ and criticises the council’s failure to provide adequate advice and assistance to individuals requesting information under the Act.

The ICO will continue to monitor the council’s information request handling procedures and performance and will assess its progress against the ICO’s recommendations in 6 months.

Last year the ICO prosecuted Liverpool City Council for breaching the Data Protection Act after it failed to provide an individual with their health records held by the Council, despite several warning from the ICO.

ENDS