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Information Commissioner's Office Reviews

Cases brought before the Information Commissioner's Office

This can also be found on the ICO website: ICO - Decision Notices - South Hams District Council

Date08 March 2022
ReferenceIC-158343-P7N0
Decision ResultComplaint upheld
Complaint DetailThe complainant requested information on 23 December 2021 relating to a contract awarded to a particular waste management company. The Council has not responded to this request.
ICO DecisionThe Commissioner considers that the Council has breached section 10(1) FOIA as it has failed to respond within the statutory time for compliance. The Commissioner requires the public authority to provide a response to the request in compliance with FOIA.
Full Report

ICO Decision Notice 08 March 2022 (PDF) [167KB]


Date01 December 2021
ReferenceIC-94090-P6X1
Decision ResultComplaint upheld
Complaint DetailThe complainant has requested from South Hams District Council (SHDC) information about enquiries it said it had made about the running of a local stables. In responding to the request, SHDC conflated it with an earlier request the complainant had submitted, and its response addressed only that earlier request. At internal review, SHDC said part of the current request had already been answered and it again concerned itself only with responding to the earlier request.
ICO DecisionThe Commissioner's decision is that SHDC has breached regulation 5(2) of the EIR in that it failed to provide a valid response to the request which is the subject of this complaint within the statutory time frame of 20 working days. The Commissioner requires SHDC to provide a substantive response to the request contained in the letter of 7 December 2020, under the EIR.
Full Report

ICO Decision Notice 01 December 2021 (PDF) [136KB]


Date07 April 2020
ReferenceFS50848178
Decision ResultSplit Decision
Complaint DetailThe complainant has requested information in relation to a planning application. During the Commissioner's investigation, South Hams District Council disclosed the requested information.
ICO DecisionThe Commissioner's decision is that South Hams District Council has complied with regulation 11(4) (Representations and reconsideration) of the EIR. However, the Commissioner considers that South Hams District Council has breached regulations 5(2)(time for compliance) and 14(3) (Refusal to disclose information) of the EIR. The Commissioner does not require South Hams District Council to take any steps as a result of this decision. Information Tribunal appeal EA/2020/0160 struck out.
Full Report

ICO Decision Notice 07 April 2020 (PDF) [499KB]


Date12 September 2019
ReferenceFER0839003
Decision ResultComplaint upheld
Complaint DetailThe complainant has requested a copy of draft plans shared with South Hams District Council (SHDC) by a landowner as part of the pre-application stage of a proposed housing development.  SHDC refused to disclose the plans, citing the exception provided by 12(5)(e) (commercial confidentiality) of the EIR.
ICO DecisionThe Commissioner's decision is that SHDC has failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires SHDC to disclose the withheld information.
Full Report

ICO Decision Notice 12 September 2019 (PDF) [468KB]


Date14 August 2017
ReferenceFS50687181
Decision ResultComplaint upheld
Complaint DetailThe complainant has requested information concerning the burning of waste on farms and the number of reports South Hams District Council have made over the last 5 years and what the outcome of those reports were.
ICO DecisionThe Commissioner's decision is that the Council has breached regulation 5(2) of the EIR in the handling of this request. The Commissioner doesn't require any steps to be taken as a result of this notice.
Full Report

ICO Decision Notice 14 August 2017 (PDF) [319KB]


Date16 February 2017
ReferenceFS50623030
Decision ResultComplaint not upheld
Complaint DetailThe complainant has requested complaints information including details of a specific concern he had. South Hams District Council ("SHDC") provided some information but argued that the remainder was exempt under section 31(1)(g) and 31(2)(b) (Law enforcement exemptions). After internal review, SHDC upheld its position but during the course of the Commissioner's investigation it disclosed some of the withheld information. However SHDC continued to withhold the remainder citing section 31(1)(g) and 31(2)(b) as its basis for doing so.
ICO DecisionThe Commissioner's decision is that, as far as the remainder is concerned, SHDC is entitled to refuse to confirm or deny whether it holds this information on the basis of section 40(5) and section 31(3). No steps are required.
Full Report

ICO Decision Notice 16 February 2017 (PDF) [139KB]


Date30 September 2015
ReferenceFER0577322
Decision ResultSplit Decision
Complaint Detail

The complainant has requested information relating to planning permission for a specific address, including any complaints or representations received by South Hams District Council. South Hams District Council has

  • disclosed some information,
  • explained that some information is available on its website and
  • has refused to disclose some of the requested information

citing the exceptions at regulation 12(5)(b) - adverse effect to the course of justice and regulation 13 - personal data.

ICO DecisionThe Commissioner's decision is that South Hams District Council has, in accordance with regulation 5(1) disclosed all of the information it holds which has not been excepted. However in disclosing some information outside of the statutory time limit, has breached regulation 5(2) of the EIR. He considers that in failing to conduct an internal review within 40 working days it has also breached regulation 11(4) but that it has correctly withheld information in accordance with regulations 12(5)(b) and 13. The Commissioner does not require the public authority to take any steps.
Full Report

ICO Decision Notice 30 September 2015 (PDF) [438KB]


Date17 December 2013
ReferenceFER0504177
Decision ResultComplaint upheld
Complaint DetailThe complainant requested information from South Hams District Council (the council) about concerns of a possible flood risk to his property.
ICO DecisionThe Commissioner's decision is that the council has breached regulation 5(2) of the EIR as it did not supply the information within 20 working days from the date of the request. As the council has now provided the information to the complainant, the Commissioner does not require the council to take any steps. However, he feels it appropriate to highlight his concern about the length of time it took the council to provide all of the information to the complainant, that being 21 months, and that the final part of the information only came to light because of a separate investigation from the Local Government Ombudsman (LGO).
Full Report

ICO Decision Notice 17 December 2013 (PDF) [172KB]


Date25 February 2013
ReferenceFS50464848
Decision ResultComplaint upheld
Complaint DetailThe complainant requested information concerning car park charges from South Hams District Council (the council). The council initially responded beyond the statutory timeframe, stating that the information was not held but subsequently provided the requested information at internal review stage. The complainant requested that a decision notice be issued by the Information Commissioner recording the delay.
ICO DecisionThe Commissioner's decision is that the council has breached section 10(1) of the FOIA by issuing a response outside the legislative timeframe. As the council has now provided a substantive response, the Commissioner does not require any remedial steps to be taken.
Full Report

ICO Decision Notice 25 February 2013 (PDF) [148KB]

 

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