Click on the dates below to view details of the review.
This can also be found on the ICO website: ICO - Decision Notices - South Hams District Council.
Information Commissioner's Office Reviews
11 January 2024
| Date |
11 January 2024 |
| Reference |
IC-255635-X9J3 |
| Decision Result |
Complaint upheld |
| Complaint Detail |
The complainant has requested from South Hams District Council (‘the Council’) information about financial penalties relating to the performance of a waste management contract. The Council refused to disclose the information, citing regulation 12(5)(e) (Confidentiality of commercial or industrial information) of the EIR. |
| ICO Decision |
The Commissioner’s decision is that the Council was not entitled to rely on regulation 12(5)(e) of the EIR to refuse the request. He also finds that it did not comply with regulation 11(4) of the EIR when asked to conduct an internal review. The Commissioner requires the Council to disclose the total value of compensation paid to the Council by the waste management contractor (the figure to include any monies “clawed back” by the Council by way of deductions it made from its contractual payments and any payments made by the contractor). |
| Full Report |
|
02 November 2023
| Date |
02 November 2023 |
| Reference |
IC-255396-V8B9 |
| Decision Result |
Complaint not upheld |
| Complaint Detail |
The complainant requested information from South Hams District Council (“the Council”) relating to a planning enforcement complaint. |
| ICO Decision |
The Commissioner’s decision is that the Council is entitled to rely on regulation 13(1) (personal data) of the EIR to refuse to provide the requested information. The Commissioner does not require the Council to take any steps. |
| Full Report |
|
28 September 2023
| Date |
28 September 2023 |
| Reference |
IC-228711-V5X6 |
| Decision Result |
Complaint not upheld |
| Complaint Detail |
The complainant requested information from South Hams District Council (the Council) regarding internal communications in relation to a specific planning application. The Council disclosed some information but withheld the rest under Regulation 12(4)(e) of the EIR. During the course of the Commissioner’s investigation the Council disclosed further information but withheld the remainder under Regulation 12(4) (e) of the EIR. |
| ICO Decision |
The Commissioner’s decision is that the Council has successfully engaged Regulation 12(4(e) with the public interest balanced in favour of withholding the requested information. The Commissioner does not require any steps to be taken. |
| Full Report |
|
04 July 2023
| Date |
04 July 2023 |
| Reference |
IC-231437-Q4K2 |
| Decision Result |
Complaint not upheld |
| Complaint Detail |
The complainant requested pre-application planning information in relation to their own property. South Hams District Council (the Council) provided some information and stated that other information was not held. |
| ICO Decision |
The Commissioner’s decision is that the request falls under the EIR, but that regulation 5(3) of the EIR applies as the information is the complainant’s own personal data. This means that the Council was not obliged to comply with the request. The Commissioner does not require any steps. |
| Full Report |
|
03 May 2023
| Date |
03 May 2023 |
| Reference |
IC-169490-Y4H5 |
| Decision Result |
Complaint not upheld |
| Complaint Detail |
The complainant has requested, from South Hams District Council ("the Council"), information about its household waste management contract. The Council disclosed some information but refused to provide the remainder citing regulations 12(5)(e) (Confidentiality of commercial or industrial information), 12(5)(f) (Interests of the person who provided the information to the public authority) and 13(1) (Personal Information) of the EIR. At a late stage, the Council also advised that some information was not held. |
| ICO Decision |
The Commissioner's decision is that the Council is entitled to withhold the pricing information in Schedule 3 under regulation 12(5)(e). In respect of the names of any parties who were responsible for signing off any part of the contract it should take the step below. He also finds that, at the time of the request, no information regarding 'compensation' was held. The Commissioner requires the Council to disclose the names (and job role if included) of the parties responsible for signing off any parts of the contract. |
| Full Report |
|
22 December 2022
| Date |
22 December 2022 |
| Reference |
IC-153809-Z1Q4 |
| Decision Result |
Complaint not upheld |
| Complaint Detail |
The complainant has requested, from South Hams District Council ("the Council") information about its waste collection services contract. The Council disclosed some information, but the complainant remained dissatisfied with one element of his request concerning 'risk transfer.' The Council advised that it had disclosed all the information held regarding risk transfer, which the complainant disputed. |
| ICO Decision |
The Commissioner's decision is that, on the balance of probabilities, the Council holds no further information about risk transfer and therefore complied with regulation 5(1) of the EIR. No steps are required. |
| Full Report |
|
08 March 2022
| Date |
08 March 2022 |
| Reference |
IC-158343-P7N0 |
| Decision Result |
Complaint upheld |
| Complaint Detail |
The 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 Decision |
The 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 |
|
01 December 2021
| Date |
01 December 2021 |
| Reference |
IC-94090-P6X1 |
| Decision Result |
Complaint upheld |
| Complaint Detail |
The 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 Decision |
The 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 |
|
07 April 2020
| Date |
07 April 2020 |
| Reference |
FS50848178 |
| Decision Result |
Split Decision |
| Complaint Detail |
The complainant has requested information in relation to a planning application. During the Commissioner's investigation, South Hams District Council disclosed the requested information. |
| ICO Decision |
The 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 |
|
12 September 2019
| Date |
12 September 2019 |
| Reference |
FER0839003 |
| Decision Result |
Complaint upheld |
| Complaint Detail |
The 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 Decision |
The 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 |
|
14 August 2017
| Date |
14 August 2017 |
| Reference |
FS50687181 |
| Decision Result |
Complaint upheld |
| Complaint Detail |
The 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 Decision |
The 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 |
|
16 February 2017
| Date |
16 February 2017 |
| Reference |
FS50623030 |
| Decision Result |
Complaint not upheld |
| Complaint Detail |
The 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 Decision |
The 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 |
|
30 September 2015
| Date |
30 September 2015 |
| Reference |
FER0577322 |
| Decision Result |
Split 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 Decision |
The 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 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 |
|
17 December 2013
| Date |
17 December 2013 |
| Reference |
FER0504177 |
| Decision Result |
Complaint upheld |
| Complaint Detail |
The complainant requested information from South Hams District Council (the council) about concerns of a possible flood risk to his property. |
| ICO Decision |
The 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 |
|
25 February 2013
| Date |
25 February 2013 |
| Reference |
FS50464848 |
| Decision Result |
Complaint upheld |
| Complaint Detail |
The 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 Decision |
The 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 |
|
