first-tier tribunal decisions involving sections 35 or … · 2016-02-24 · first-tier tribunal...
TRANSCRIPT
FIRST-TIER TRIBUNAL DECISIONS INVOLVING SECTIONS 35 OR 36
Caveats
1. The decisions listed were drawn from a list of FTT appeals involving sections 35 and 36 supplied by the Information Commissioner, although the
analysis has been conducted by the Secretariat to the Commission.
2. Cases are only considered in relation to either s.35 or s.36 and decisions recorded reflected the decisions reached in relation to those exemptions
only, rather than in the case as a whole or in relation to other exemptions that might have been applicable.
3. Cases are listed per decision per exemption. Therefore where a request involved some information which was covered by s.35 and some
information that was covered by s.36, it is listed under both headings.
4. In cases where s.35 and s.36 are claimed in the alternative for the same information, then the case is only listed under the section that was deemed
to be the relevant one.
Section 35
case ref subject appellant Decision
date
FTT outcome ICO decision
Cabinet Office v IC EA/2014/0223 Disclosure of doc: Getting your Bill through The House of Lords
Public Sector Org
22-Jul-15 public authority decision partly upheld
public authority decision partly upheld
Home Office v IC EA/2014/0310 Letter sent/received on the "Go
Home" campaign (also a s.36 case)
Public Sector
Org
29-Jun-15 public authority
decision overturned
public authority
decision overturned
Dept for Education
v Information
Commissioner
EA/2014/0079 Building Schools for the future
programme
Public Sector
Org
28-Jan-15 public authority
decision upheld
public authority
decision overturned
Sir Roger Gale MP
(“RG”) v
Information
EA/2014/0197 Letters to the EC re social security
benefits
Requestor 21-Dec-14 public authority
decision overturned
public authority
decision upheld
Commissioner
(DWP)
Tony Stott v IC
(Welsh Assembly
Govt)
EA/2013/0278 Disclosure of meetings of a Task
and Finish Group
Requestor 16-Jul-14 public authority
decision upheld
public authority
decision upheld
Dept of Health v IC EA/2013/0087 Ministerial diary of Andrew Lansley Public Sector
Org
17-Mar-14 public authority
decision overturned
public authority
decision overturned
Stephen Plowden
(FCO) v IC
(a final re-hearing
following earlier
appeals to FTT and
UT)
EA/2011/0225
and 0228
Record of a telephone conversation
between the PM Tony Blair and
George Bush
Public Sector
Org
28-Jan-14 public authority
decision upheld
public authority
decision partly
upheld
European Raelian
Movement v IC
(Cabinet Office)
EA/2012/0259 Info on Pope's security
arrangements during visit
Requestor 06-Dec-13 public authority
decision upheld
public authority
decision upheld
Cabinet Office v IC EA/2013/0119 Info on no. of times Reducing
Regulation Committee met since
being established
Public Sector
Org
27-Nov-13 public authority
decision overturned
public authority
decision overturned
DHSSPS v IC
(McDermott and
AG NI)
EA/2013/0081 correspondence on blood
donations
Public Sector
Org
13-Nov-13 public authority
decision upheld
public authority
decision overturned
Bradford & Bingley
Action Grp v IC
(Cabinet Office)
EA/2012/0251 Info about the sequence of events
leading up to and after the
nationalisation of B&B
Requestor 10-Jun-13 public authority
decision upheld
public authority
decision upheld
DCLG v IC (Nick
Posford)
EA/2012/0071 Info about the grant of planning aid
in England
Public Sector
Org
23-Jan-13 public authority
decision partly
upheld
public authority
decision overturned
Rhonda
Moorhouse v IC
(BIS)
EA/2012/0158 Info relating to facilitation of
banking and insurance services to
HLS
Requestor 20-Dec-12 public authority
decision upheld
public authority
decision upheld
Cabinet Office V IC
(Gavin Aitchinson)
EA/2011/0263 Rowntree takeover by Nestle Public Sector
Org
15-Oct-12 public authority
decision overturned
public authority
decision overturned
James Pragnell v IC
(Ministry of
Justice)
EA/2011/0279 concerning amendments to section
36 of FOIA
Requestor 20-Jun-12 public authority
decision upheld
public authority
decision upheld
Razvan Veer v IC
(Cabinet Office)
EA/2011/0255 Info relating to employment
restrictions on Romania and
Bulgaria when they joined EU
Requestor 21-May-12 public authority
decision upheld
public authority
decision upheld
Family Education
Trust v IC (DfE)
EA/2011/0244 age up to which parents are able to
withdraw their children from sex
and relationship lessons
Requestor 18-May-12 public authority
decision upheld
public authority
decision upheld
The APPG on
Extraordinary
Rendition v IC
EA/2011/0049/0
050/0051
Info relating to the UK’s
involvement in the extraordinary
rendition of certain individuals
Cross Appeal 03-May-12 public authority
decision partly
upheld
public authority
decision partly
upheld
(FCO)
Dept of Health v IC
(Rt Hon John
Healey MP and
Nicholas Cecil)
EA/2011/0286 &
0287
DH: Transitional Risk Register and
Strategic RR
Public Sector
Org
05-Apr-12 public authority
decision partly
upheld
public authority
decision overturned
Adam Weiss v IC
(Home Office)
EA/2011/191 Info on UK Border Agency pilot
scheme for removing homeless EEA
nationals
Requestor 20-Feb-12 public authority
decision upheld
public authority
decision upheld
William Thackeray
v IC
EA/2011/0069 papers from HO on Scientology
(also a s.36 case)
Requestor 02-Dec-11 public authority
decision partly
upheld
public authority
decision partly
upheld
Robin Makin v IC
(Attorney General
and HMT)
EA/2010/0080 &
81
info on the Legal Services Bill and
the proposal on exempting Govt
lawyers from professional
regulation
Requestor 05-Jan-11 public authority
decision partly
upheld
public authority
decision upheld
Peter Dunn v IC
(DCLG)
EA/2010/0033 info about the legal advice
obtained in relation to a Govt
decision to remove the "85 year
rule" in 2006
Requestor 09-Nov-10 public authority
decision upheld
public authority
decision upheld
Cabinet Office v IC EA/2010/0031 Cabinet minutes re Westland Public Sector
Org
13-Sep-10 public authority
decision partly
upheld
public authority
decision partly
upheld
The Home Office v
IC
EA/2010/0011 info which the U.K. Border Agency
relied upon when s12 Asylum and
Immigration (Treatment of
Claimants) Act, 2004 was
Public Sector
Org
08-Jun-10 public authority
decision overturned
public authority
decision overturned
introduced
CPS v IC EA/2009/0077 Info from the CPS on merits of
amending the law relating to
children being assaulted by adults.
Public Sector
Org
25-Mar-10 public authority
decision overturned
public authority
decision overturned
Dept for Culture,
Media and Sport v
IC
EA/2009/0038 info relating to limit the numbers of
various categories of casino
Public Sector
Org
22-Feb-10 public authority
decision partly
upheld
public authority
decision overturned
D Bowden
Consulting Ltd v IC
(Cabinet Office)
EA/2008/0090 Minutes and papers of Cabinet
Office Committee known as the
MISC31
Requestor 26-Aug-09 public authority
decision upheld
public authority
decision upheld
Office of Govt
Commerce v IC
EA/2006/0068 &
EA/2006/0080
info about Gateway Reviews of the
Identity Cards Programme project
Public Sector
Org
19-Feb-09 public authority
decision overturned
public authority
decision overturned
Cabinet Office v IC EA/2008/0073 copy of the Cabinet Office papers
for Asylum and Migration Working
Group meeting in Oct 2005 re
whether to continue the Accession
States Worker Registration Scheme
Public Sector
Org
27-Jan-09 public authority
decision overturned
public authority
decision overturned
Cabinet Office v IC
(Christopher Lamb)
and Christopher
Lamb v IC (Cabinet
Office)
EA/2008/0024
AND
EA/2008/0029
Iraq Cabinet minutes Cross Appeal 27-Jan-09 public authority
decision partly
upheld
public authority
decision partly
upheld
Cabinet Office v IC EA/2008/0030 correspondence between Lord Birt
and the PM regarding the advice,
research and analysis on strategic
criminality and social trends (also a
s.36 case)
Public Sector
Org
21-Oct-08 public authority
decision upheld
public authority
decision overturned
Dermod O’Brien v
IC (DBERR)
EA/2008/0011 info about part time EU regulations
(also a s.36 decision)
Requestor 07-Oct-08 public authority
decision overturned
public authority
decision partly
upheld
The Scotland
Office v IC
EA/2007/0070 info about the Scottish Adjacent
Waters Boundaries Order
Public Sector
Org
08-Aug-08 public authority
decision partly
upheld
public authority
decision partly
upheld
The Scotland
Office v IC
EA/2007/0128 information about Gaelic
broadcasting policy
Public Sector
Org
05-Aug-08 public authority
decision partly
upheld
public authority
decision partly
upheld
Dept for Culture
Media and Sport v
IC
EA/2007/0090 Advice rec'd on list of sporting
events to be protected under the
Broadcasting Act 1996 from having
tv rights sold for viewing by
subscription or pay-per-view
arrangements.
Public Sector
Org
29-Jul-08 public authority
decision upheld
public authority
decision overturned
HM Treasury and
IC
EA/2007/0054 Law officers advice on Gordon
Brown’s declaration of the
Financial Services and Markets Bill
compatibility with the Human
Rights Act 1998
Public Sector
Org
15-May-08 public authority
decision overturned
public authority
decision overturned
Dept Of BERR v IC
(Friends of the
EA/2007/0072 info about meetings and
correspondence between Ministers
Public
Sector Org
29-Apr-08 public authority
decision partly
public authority
decision partly
Earth) and/or Senior civil servants (also a
s.36 case)
upheld upheld
HMT v IC EA/2007/0001 info about content of certain
budget submissions made to the
Chancellor in the lead up to the
1999 Budget
Public Sector
Org
07-Nov-07 public authority
decision partly
upheld
public authority
decision overturned
DFE v IC (The
Evening Standard)
EA/2006/0006 Minutes of SMT regarding the
setting of school budgets in
England
Public Sector
Org
19-Feb-07 public authority
decision overturned
public authority
decision overturned
Section 36
case ref subject appellant Decision
date
FTT outcome ICO decision
Home Office v IC (Alistair Sloan)
EA/2015/0030 info on arrest of suspected immigration offenders
Public Sector Org
20-Jul-15 public authority decision overturned
public authority decision overturned
Home Office v IC EA/2014/0310 Letter sent/received on the "Go
Home" campaign (also a s.35 case)
Public Sector
Org
29-Jun-15 public authority
decision overturned
public authority
decision overturned
King Edward VI
Handsworth
School v IC
EA/2014/0285 copies of collated results of pupil,
parent and staff surveys conducted
in 2013
Public
Sector Org
26-May-15 public authority
decision overturned
public authority
decision overturned
Dept of BIS v IC
(Patrick Whyte)
EA/2014/0173 copy of report on Thomas Cook
sent to PM and correspondence
between BIS and DfT on this
Public
Sector Org
20-Apr-15 public authority
decision overturned
public authority
decision overturned
James Little v IC
(Cornwall
Partnership NHS
Trust)
EA/2014/0199 copy of a report regarding
Therapeutic Management of
Aggression and Violence
Requestor 16-Mar-15 public authority
decision partly
upheld
public authority
decision upheld
Brendan
Montague V IC
(Tate Gallery)
EA/2014/0040,
70-71
information about BP’s sponsorship
arrangements with the Tate Gallery
Requestor 22-Dec-14 public authority
decision partly
upheld
public authority
decision overturned
Alistair Mitchell v
IC (Crown
Prosecution
Service)
EA/2014/0195 internal correspondence which
refer to a ‘tick and star’ brief
marking system from the CPS
Requestor 15-Dec-14 public authority
decision upheld
public authority
decision upheld
Bradford
Metropolitan v IC
(Janette Sagar)
EA/2014/0027 info on the criteria the Council uses
to grade employees’ positions
Public
Sector Org
24-Jul-14 public authority
decision overturned
public authority
decision overturned
Nick Dunnett v IC
(Ministry of
Defence)
EA/2013/0214 recorded information held within
the MoD on the boating incident in
Cherbourg Marina in Sept 2011
Requestor 26-Mar-14 public authority
decision upheld
public authority
decision upheld
John Slater v IC
(DWP)
EA/2013/0145,
DWP v IC (John
Slater)
EA/2013/0148,
DWP v IC (Tony
Collins)
EA/2013/0149
EA/2013/0145,
EA/2013/0148,
EA/2013/0149
risks arising from the
implementation of the Universal
Credit Prog
Cross
Appeal
19-Mar-14 public authority
decision overturned
public authority
decision overturned
Howard Roberts v EA/2013/0059 internal and external Requestor 31-Oct-13 public authority public authority
IC ( Home Office) correspondence on the subject of
how the HO should respond to the
original request on 11 October
2009 (EA/2012/0032)
decision partly
upheld
decision partly
upheld
Adam Roberts v IC
(Cabinet Office)
EA/2012/0245 all written correspondence
between the Archbishop of
Canterbury and the PM/his office
(1/05/2010 and 13/06/2011)
Requestor 25-Oct-13 public authority
decision upheld
public authority
decision upheld
Dr Bart Moore
Gilbert v IC (DfE)
EA/2012/0204 correspondence about the
“Tottenham Palestinian Literary
Festival” inc comms to SofS for
Education and school participation
Requestor 23-Sep-13 public authority
decision upheld
public authority
decision upheld
John Mitchell v IC
(Queen Mary,
University of
London)
EA/2013/0019 meeting minutes of the PACE trial’s
Trial Steering Cttee and Trial Mgmt
Grps
Requestor 22-Aug-13 public authority
decision upheld
public authority
decision upheld
Max Frohnsdorff v
IC Ashford
Borough Council
EA/2012/0213 copies of all correspondence, which
the CEO of Ashford Council had
with 4 named individuals by email
or post (April 25th to 26th
September 2011)
Requestor 04-Apr-13 public authority
decision overturned
public authority
decision upheld
James Scott v IC EA/2012/0219 correspondence between Ashford
Council and Great Chart and
Singleton Parish Council parish: re
parish council elections and Green
Campaigners status
Requestor 04-Apr-13 public authority
decision overturned
public authority
decision upheld
Department for EA/2012/0135 info relating to an inspection of Public 29-Jan-13 public authority public authority
Education v
Northern Ireland
Kirkinriola Primary School: March
2011
Sector Org decision overturned
decision overturned
Iain Helstrip v IC
(High Speed 2)
EA/2012/0201 about the distance between the
route of the HS2 line and the
property, which was furthest away
from it, but qualified for assistance
under Exception Hardship Scheme
Requestor 29-Jan-13 public authority
decision overturned
public authority
decision upheld
Dept for Education
v IC (British
Humanist Assoc)
EA/2012/0136,0
166, 0167
Free Schools programme (tribunal
decided s.36 applied instead, but
ordered release)
Public
Sector Org
15-Jan-13 public authority
decision overturned
public authority
decision overturned
Anne Michele Kelly
v IC
EA/2012/0209 info about severance and early
retirement offers given to staff in
the School of Nursing
Requestor 15-Jan-13 public authority
decision upheld
public authority
decision upheld
Andrew Bousfield v
IC Alder Hey
Children’s NHS
Foundation Trust
EA/2012/0092 Request for Alder centre report on
causes of stress amongst staff
working in the operating theatres
Requestor 10-Jan-13 public authority
decision overturned
public authority
decision upheld
Liz Copper v IC
(Stoke-on-Trent
City Council
EA/2012/0178-
0180
Info about the mediation between
the Council and Mr Chaudry
concerning the consideration of
leisure services in the city
Requestor 07-Jan-13 public authority
decision overturned
public authority
decision upheld
Rob Waugh v IC
(Rotherham NHS
Trust)
EA/2012/0145 info about to a consultant
orthopaedic surgeon
Requestor 28-Dec-12 public authority
decision overturned
public authority
decision upheld
The Arts and
Humanities
Research Council v
IC (Michael
Bimmler)
EA/2012/0067 info about inclusion of the concept
of “Big Society” in the AHRC’s
Delivery Plan
Public
Sector Org
04-Dec-12 public authority
decision partly
upheld
public authority
decision partly
upheld
Tony Sutton v IC
(Nottingham City
Council)
EA/2012/0044 copies of all written
communications to and from
certain individuals relating to
processes and procedures for FOI
Requests
Requestor 31-Oct-12 public authority
decision upheld
public authority
decision upheld
Ganesh
Sittampalam v IC
(Ministry of
Justice)
EA/2011/0277 information about the investigation
and action taken regarding the
complaint made about Cherie
Booth
Requestor 05-Oct-12 public authority
decision upheld
public authority
decision upheld
Uttlesford District
Council v IC
EA/2011/0269
0285
info regarding planning
applications for retail supermarkets
Public
Sector Org
06-Jun-12 public authority
decision upheld
public authority
decision overturned
Angela Kikugawa v
IC (Ministry of
Justice)
EA/2011/0267 all briefing notes to PQs relating to
the Tasker Inquiry
Requestor 20-May-12 public authority
decision partly
upheld
public authority
decision partly
upheld
Geraldine Hackett
v IC
EA/2011/0151 materials relating to two schools
projects in which the United
Learning Trust was involved
Requestor 05-Mar-12 public authority
decision partly
upheld
public authority
decision upheld
Mike Waites v
IC(NHS Wakefield
EA/2011/0166 correspondence
info between Trusts concerning
Requestor 23-Jan-12 public authority public authority
District Primary
Care Trust)
plans to build a specialist centre for
cancer and urology surgery at
Dewsbury and District Hospital
decision upheld decision upheld
William Thackeray
v IC
EA/2011/0069 papers from HO on Scientology
(also a s.35 case)
Requestor 02-Dec-11 public authority
decision partly
upheld
public authority
decision partly
upheld
Ian Benson v IC
(Governing Body of
Sheffield Hallam
University
EA/2011/0061 request for the workplace email
addresses of all of the university's
staff
Requestor 06-Oct-11 public authority
decision upheld
public authority
decision upheld
Public and
Commercial
Services Union v IC
(Ministry of
Justice)
EA/2009/0123 info about instructional grades
from NOMS
Requestor 09-Nov-10 public authority
decision upheld
public authority
decision upheld
Chief Constable of
Surrey v IC
EA/2009/0081 exchanges between the Chief
Constable and ACPO re Deepcut
Inquiry
Public
Sector Org
08-Jul-10 public authority
decision overturned
public authority
decision overturned
University of
Central Lancashire
v IC (Professor
Colquhoun)
EA/2009/0034 copies of course material on
homeopathy and correspondence
in making it a degree.
Public
Sector Org
08-Dec-09 public authority
decision overturned
public authority
decision overturned
Alasdair Roberts v
IC (DBIS)
EA/2009/0035 release of certain data held by BIS
on a computer database
management system called Matrix
Requestor 20-Nov-09 public authority
decision overturned
public authority
decision upheld
Exports Credits EA/2009/0021 request for information made to Public 21-Oct-09 public authority public authority
Guarantee Dept v
IC (Campaign
against the Arms
Trade)
ECGD by the Campaign Against
Arms Trade
Sector Org decision overturned decision overturned
Student Loans
Company v IC
EA/2008/0092 any documents, guides or customer
service policies that apply to staff
who have customer contact and
who work for SLC’s in house debt
collection agency
Public
Sector Org
17-Jul-09 public authority
decision overturned
public authority
decision overturned
ES Galloway v The
Central and NW
NHS foundation
EA/2008/0036 staff witness statements from the
Trust on investigation into what
had happened to an individual
whilst in the Trust’s care
Requestor 20-Mar-09 public authority
decision upheld
Public authority
decision upheld
Home Office &
MoJ v IC
EA/2008/0062 internal communication within
Govt and Govt dept relating to the
use of FOIA by M Davis or J Connor
Press Associates Ltd
Public
Sector Org
20-Nov-08 public authority
decision overturned
public authority
decision overturned
Cabinet Office v IC EA/2008/0030 correspondence between Lord Birt
and the PM regarding the advice,
research and analysis on strategic
criminality and social trends (also a
s.35 case)
Public Sector
Org
21-Oct-08 public authority
decision upheld
Public authority
decision overturned
Dermod O’Brien v
IC (DBERR)
EA/2008/0011 info about part time EU regulations
(also a s.35 decision)
Requestor 07-Oct-08 Public authority
decision overturned
public authority
decision upheld
Roger Salmon v IC EA/2007/0135 papers and minutes of the Council
and Governing Body relating to the
Requestor 17-Jul-08 Public authority public authority
(Kings College) resignation of Dame Judith
Mayhew Jonas as Provost,
including the final agreement(s)
reached with her
decision overturned decision upheld
Dept Of BERR v IC
(Friends of the
Earth)
EA/2007/0072 info about meetings and
correspondence between Ministers
and/or Senior civil servants (also a
s.35 case)
Public
Sector Org
29-Apr-08 public authority
decision partly
upheld
public authority
decision partly
upheld
Ian McIntyre v IC
(Ministry of
Defence)
EA/2007/0068 request for 2003 Assessment and
Development Centre – Assessor
Guide (Promotion
Recommendation)
Requestor 04-Feb-08 public authority
decision upheld
public authority
decision upheld
FCO V IC EA/2007/0047 request to see a draft of the Sept
Dossier on Iraq’s Weapons of Mass
Destruction
Public
Sector Org
22-Jan-08 public authority
decision overturned
public authority
decision overturned
Evans v IC
(Ministry of
Defence)
EA/2006/0064 info from the MoD about a meeting
between Lord Drayson, Minister for
Defence Procurement and
representatives from a lobbying
company
Requestor 26-Oct-07 public authority
decision partly
upheld
public authority
decision upheld
Ministry of
Defence v IC
(Evans)
EA/2006/0027 disclosure of a complete copy of
the 2004 edition of a Directory
published by the Defence Export
Services Org
Public
Sector Org
20-Jul-07 public authority
decision partly
upheld
public authority
decision overturned