Authority / CMEH Reference

Parent body (where applicable)

Enforcement Issues

Contact Initiated

Action Taken

Current Status

British Broadcasting Corporation (BBC) ENF0201244

Engagement with ICO

22/05/2008

Informal warning letter. Meeting (with complaints) held August 2008. Further meeting held 27/10/08. Ongoing monitoring of response times.

Closed (16/12/09)

Cabinet Office ENF0240073

s1, s10, s17, s45 IR delay & engagement with ICO

20/05/2009

Letter sought assurances within 20 working days.

Open

Department of Environment (NI) (DOE) ENF0189611

s10, s17, s45 (IR), s46

21/01/2008

Meeting held. Advised of ongoing monitoring. Six months to demonstrate improvement

Closed

Department for Business, Enterprise and Skills (BIS) , formerly Department for Business, Enterprise and Regulatory Reform (BERR) ENF0202534

s10, s17 (PIT extensions),s45(IR), Engagement with ICO.

08/08/2008

Letter sought assurances (i) that BERR had procedures in place for recognising/handling requests within time limits; (ii) that BERR would respond to ICO within deadlines and (iii) Timeliness of IR. Update - May 2009: stats at end of monitoring period show decline in performance. However, in view of significant personnel changes, a further 6 month monitoring to take place.

Closed

Department for Communities and Local Government (DCLG) FPR0189170

s45 IR (and EIR equivalent)

30/01/2008

s45 PR issued in relation to IR delays 03_11_08

Closed

Department for Media, Culture and Sport (DCMS) ENF0204030

s10, s45(time taken for IR)

18/06/2008

Letter sent asking them to address poor performance with regard to s10 breaches and time taken for IR. Assurances given.

Closed

Department for Work and Pensions (DWP) ENF0212424

s10, s17(PIT extensions), piecemeal disclosure.

08/09/2008

Informal letter seeking details of procedures in place/training provided and seeking assurances about performance.

Closed

Export Credits Guarantee Department (ECGD) ENF0217772

s10, s45(IR)

22/10/2008

Letter sent asking them to explain/address poor performance with regard to s10 breaches and time taken for IR.

Closed

Foreign and Commonwealth Office (FCO) ENF0203231

s17 - generic/blanket refusals with poor PIT arguments, s45(IR) - long reviews, MOJ stats indicate low disclosure figures.

11/08/2008

Informal letter sent seeking explanations/further details of processes.

Closed

Forestry Commission ENF0172623

s17

15/08/2007

Informal good practice advice letter

Closed

Forestry Commission Wales (FCW) ENF0242703

Reg 11 : IR took 74 w/days and was conducted by FC GB. IR recommended further info should have been disclosed but appears to have been overruled by FCW. S46/piecemeal disclosure: Some confusion over extent of info held and apparent difficulty in identifying relevant info.

20/04/2009

Letter sent 20 April 2009.

Closed

Home Office ENF0224204

s10 performance.

27/05/2010

Re-opened

House of Commons ENF0217428

Issue relating to copyright arising from request made to whatdotheyknow website. No contact made - awaiting internal guidance.

n/a

n/a

Closed

Invest Northern Ireland FS50073979

Multiple s17 issues & s45 (advice & assistance)

09/08/2007

Warning letter re failures inc. request for details of proposed remedial action

Closed

Ministry of Defence (MoD) FPR0219435

s45 IR - IR procedure sets 40 working days as standard 'aspiration' for completion. Audit reveals numerous examples of responses in excess of this. S17 - PIT extensions - a number of repeated extensions/failures to conform to ICO guidance.

31/10/2008

Informal letter sent flagging concerns and seeking clarification of approach/assurances in relation to practice/performance.27/11/08: Response received. MoD has been asked to amend its IR standard timescale from 40 to 20 working days. Monitoring: In view of ongoing performance concerns we have asked them to provide stats in relation to PIT extensions and time for IR over a 12 month period.

Open

Ministry of Justice (MOJ) ENF0233255

s10 breaches and practice of issuing holding letters; s17 PIT delays and repeated extensions; s16 - failure to provide advice and assistance when applying s12. s45(IR) - IR delays.

23/02/2009

Informal letter sent flagging concerns and seeking clarification of approach/assurances in relation to practice/performance.

Closed

Northern Ireland Office (NIO) ENF0189549

s10, s16, s17, s45 (IR and transferral of requests)

21/01/2008

Meeting held. Warned of ongoing monitoring. Six months to demonstrate improvements. ICO provided comments on NIO's FOI Policy in Feb 08

Open

OFCOM ENF0279972

s45 (IR) - concerns about standard timescale for IR and IR performance.

12/01/2010

Letter sent seeking clarification of IR procedure/standard timescale and requesting details of IR performance.

Open

Office for National Statistics (ONS) FS50147944

s10, s17, s45 IR

23/10/2007

DN (OM) advised review of complaints procedure and staff training

Closed

Olympic Delivery Authority ENF0315981

potential poor practivce

02/07/2010

Clarification on approach sought

Open

Parliamentary and Health Service Ombudsman (PHSO) ENF0168261

s10

28/06/2007

Informal letter asking for explanation of why PA's own figures suggest that only 66% of requests are dealt with in 20 working days

Closed

Welsh Assembly ENF0218622

s46

30/10/2008

Letter sent seeking explanation for approach/assurances that steps taken to bring into conformity with s46 Code. UPDATE: Case re-opened and letter sent (22 September 2009) seeking clarification about records management practice and IR procedure.

Re-opened

Authority / CMEH Reference

Enforcement Issues

Contact Initiated

Action Taken

Current Status

Barnet (London Borough of) ENF0206800

s10/piecemeal disclosure, engagement with ICO.

06/08/2008

Informal letter sent drawing their attention to these matters. Update - case reopened. Evidence of repeated failures in relation to piecemeal disclosure and engagement. Letter sent 28 May 2009.

Closed

Bedfordshire County Council ENF0202075

s45 (IR), possible misunderstanding as to scope of the Act (i.e. relates to information, not documentation)

20/05/2008

Informal warning letter sent.

Closed

Birmingham City Council ENF0174018

s10, s17, s45 (IR)

10/01/2008

Warning letter re failures and potential enforcement action. Monitoring continuing

Closed

Bishops Waltham Parish Council ENF0168936

s19 (1)(b)

17/10/2007

Importance of publishing in accordance with the scheme informally explained by telephone

Closed

Bradford Metropolitan District Council FS50171264

s10, s17, s45 (IR)

28/11/2006

Letter warning of PR

Closed

Brighton and Hove City Council ENF0202881

s16, s17, s45 (IR & A+A), engagement with ICO

18/08/2009

Letter seeking details on policies and procedures and assurances that improvements will be made

Closed

Brockhampton Parish Council ENF0172755

s19 (1)(b) & related s17 issues

29/03/2007

DN found in breach of s19 & OM dealt with s17

Closed

Buckinghamshire County Council ENF0205433

s10/Reg 5(2), s45(IR)/Reg 11, FOI/EIR confusion, engagement with ICO.

30/07/2008

Letter sent seeking assurances that future requests would be handled within deadlines and that their responses to the ICO would be on time.

Closed

Bury Metropolitan Borough Council ENF0183728

s45 (IR), s46

20/112007

Attended a meeting with PA in November 2007 to discuss good practice issues. S46 issues arising from complaint 152755

Closed

Camden (London Borough of) ENF0170126

s10, s17, s45 (IR), s46 piecemeal disclosure

24/08/2006

Advised to contact TNA for RM advice

Closed

Canterbury City Council FS50092946

s46

0702/2007

DN (OM) - advised PA to contact TNA for further RM advice & guidance. TNA have visited the PA in person

Closed

Cardiff County Council FPR0231052

s10, s45 (IR), general concerns about request handling.

02/02/2009

Fact finding letter sent setting out concerns and seeking comment/stats. IN issued after failure to provide requested stats/information.

Open

Chesterfield Borough Council ENF0272924

s46 - RM - PA does not appear to have a policy in place

n/a

Letter requesting clarification to be sent on conclusion of case FS50260693

Closed

Conway Council ENF0282693

General concerns about commitment to and compliance with FOIA resdponsibilities - FS50270058, FS50209901, FER0204093 and RFA0199319

16/12/2009

Leter requesting an action plan to be sent to us by end of March to improve performance

Closed

Corby Borough Council ENF018383

s45 (IR)

09/11/2007

Warning letter re failures and potential enforcement action. Monitoring continuing

Closed

Cornwall County Council (now Cornwall Council) ENF0192822

s10, s45 (IR)

19/02/2008 & 16/12/2008

Informal warning letter sent. Matter of multiple stage IR addressed. Further issues raised at later date including s10 and s45 delays. Another informal letter sent.

Closed

Cotswold District Council ENF0279712

General concerns about commitment to and compliance with FOIA responsibilities.238802 / 231391 / 259959

06/01/2010

Letter requesting an action plan to be sent to us by end of March to improve performance

Closed

Coventry City Council FPR0165821

s46 RM (no RM or retention & disposal policies)

30/04/2007

Warning letter re PR suggested review of policies, procedures and training

Closed

Cumbria County Council ENF0279698

s45 - three stage IR appears to be in operation

22/12/2009

Informal letter asking for IR procedure to be amended sent

Closed

Derry City Council FS50113779

s17 & s45 IR

20/11/2006

General warning re potential enforcement action

Closed

Doncaster Metropolitan Borough Council ENF0215327

s10, s17, piecemeal disclosure

30/09/2008

Warning letter re potential enforcement action

Closed

Ealing Council ENF0279944

s10 - FOI request on whatdotheyknow: http://www.whatdotheyknow.com/request/freedom_of_information_requests_98#incoming-42351, confirms 42% of responses within 20 w/days for 2009 thus far.

24/02/2010

Letter sent seeking clarification of current performance.

Closed

East Riding of Yorkshire Council ENF0172229

s10, s17, s45 IR, s46

31/08/2007

Warning letter re failures and potential enforcement action. Monitoring continuing

Closed

Flax Bourton Parish Council ENF0196267

s17, s19 (1), s45 (IR), s46 (& DPA notification)

11/04/2008

Warning letter re failures and potential enforcement action.

Closed

Ferryhill Town Council ENF0287536

s45 IR

17/12/2009

Refusal to adopt IC advice on s45 IR's despite repeated attempts to resolve informally

Closed

Hammersmith & Fulham (London Borough of) ENF0216569

Reg 5(2), failure to provide proper response despite repeated promptings. Dealys in engagement with ICO.

02/10/2008

Informal letter sent re failings seeking details of request handling procedures and assurances re engagement with ICO.

Closed

Haringey (London Borough of ) ENF0165720

s10, s16, s17 & s46 (piecemeal disclosure)

08/06/2007

Warning letter re failures and potential enforcement action. Monitoring continuing

Closed

Hillingdon (London Borough of) ENF0250183

s1, s10, recognition of and handling of requests (piecemeal disclosure); s45(IR) - failure to engage IR / multi-stage IR.

03/06/2009

Informal letter sent seeking clarification of procedures and assurances that, where they do not conform to the codes/ICO guidance, changes will be made.

Open

Hull City Council ENF0294582

s1, s10 - appear to have a backlog of requests.

17/02/2010

Informal letter sent seeking clarification.

Closed

Kent County Council ENF0238892

s10, s45 (IR) delays, s12/s16, engagement with ICO

24/04/2009

Informal letter sent re failings seeking details of request handling procedures, and assurances re delays and engagement with ICO.

Closed

Lancashire County Council FS50137757

s10

01/11/2006

Requested explanation. Formally warned re potential investigation

Closed

Leicester City Council ENF0204187

s45(IR) - review appeared to be multi-stage.

16/06/2008

Letter sent querying IR procedure/re-use of information standard paragraph.

Closed

Leeds City Council ENF0163938

s10, s12, s17, s45 (IR), deviate from standard request handling procedure where applicant is known

01/06/2007

Informal warning letter sent. 2nd informal warning letter sent 06 Oct 08

Closed

Liverpool City Council FPR0152907

Multiple s45 &s46 issues. Non-compliance with IN

10/01/2007

s45 PR issued 08/05/07 - advice and assistance, complaints procedure

Closed

Long Preston Parish Council ENF0221140

s19 - possible non-adoption of publication scheme

06/11/2008

Letter explaining requirements of s19 sent. Information on new model scheme also enclosed

Closed

Matching Parish Council FS50139935

s1, s10, s17, s45 (IR)

30/05/2007

Informal good practice advice letter sent. Advised on various aspects of Act and Code

Closed

Mid and West Wales Fire and Rescue Authority
ENF0245307

s1, s10, s17, s45 (IR), general awareness and training issues

n/a

Issues raised by ex-employee. Contacted for evidence but no further evidence available. Referred to Good Practice to consider informal advisory approach 17/08/09.

Closed

Newcastle City Council ENF0203489

s45(IR) - review procedure is corporate 3 stage process.

28/05/2008

Informal contact with Council recommending they amend their IR procedure. Assurances given that this will be done.

Closed

Northamptonshire County Council ENF0218476

s10

22/10/2008

Information on 'what do they know' suggests serious problems with s10 compliance.

Closed (9.1.10)

North Somerset Council ENF0219265

s45(IR) - Multi-stage IR procedure.

23/10/2008

Letter sent requesting IR procedure be amended in line with ICO guidance. Awaiting response.

Closed

Nottingham City Council FPR0150356 (s45) FPR0150638 (s46)

Multiple s45 & s46 issues

13/02/2007

s45 PR issued - advice & assistance, transferring requests, complaints procedure. s46 PR issued 23/10/2007

Closed

Peterborough City Council ENF0202833

s17 (inadequate refusal notices), s45 - no IR, Engagement with ICO, s46.

04/07/2008

Informal request for Council FOI procedures with recommendations for amendments to RM policy.

Closed

Rother District Council ENF0209655

s1 - requests with email address for correspondence labelled invalid.

04/08/2008

Informal letter sent directing them to the ICO/MOJ guidance.

Closed

Rochdale Metropolitan Borough Council ENF0192994

s45 (advice and assistance (separate response sent from various departments) and transferral of requests)

21/02/2008

Informal warning letter sent. Details on status of Rochdale Development Agency sought (unresolved)

Closed

Shotteswell Parish Council FS50143753

s1, s10, s17, s19 s45 (advice & assistance and IR), s46, lack of engagement with ICO

22/01/2007

Numerous attempts at informal resolution made with limited success

Closed

Shropshire Council
ENF0226902

s17, s45 (mutli-stage IR)

Passed to Good Practice team to provide informal advice on IR procedure 30/07/09.

Closed

Slough Borough Council ENF0206335

s17, engagement with ICO, possible lack of understanding about the Act

08/07/2008

Informal warning letter sent, advising of concerns

Closed

Southwark Council ENF248148

S10, S17, S45 (IR delay), engagement with ICO

Case not pursued

Closed

Stockton - on - Tees Borough Council FS50121882

s46 RM (retention & disposal policy)

03/01/2007

DN (OM) advised policy to be applied correctly

Closed

Swansea (City and County of) ENF0239319

s1: Piecemeal disclosure; s16: advice and assistance; s17: poor RN and suggestion of blanket use of s14 against specific complainant; s19: publication scheme appears out of date; s46: confusion around info destroyed outside disposal schedule.

Letter sent 20/03/09.

Closed

Taunton Deane Borough Council ENF0244722

s10, s17 (7), s45 (IR- generic & more than one stage)

20/04/2009

Clarification sought from PA. Advised that we hope that the matter can be resolved informally

Closed

Tower Hamlets (London Borough of ) FS50126228

s10

24/08/2006

Requested explanation. Formally warned re potential investigation

Closed

Tunbridge Wells Borough Council ENF0166181

s12, s16, s17, s46, s45 (IR & advice), FOI/EIR confusion

12/07/2007

Warning letter re PR suggested review of policies, procedures and training

Closed

Warwick District Council ENF0214446

s17 (inadequate refusal notices), s45 (IR) - apparently multi-stage/overlong reviews.

18/09/2008

Informal letter sent seeking clarification of processes in place and seeking assurances that IR process will be amended/performance in identified areas will improve.

Closed

Warwickshire County Council ENF0212055

s45(IR) - review appears to be multi-stage.

29/08/2008

Informal letter sent seeking clarification/directing Council to ICO guidance.

Closed

Waveney District Council ENF0202674

s10/Reg 5(2), s45(IR)/Reg 11, FOI/EIR confusion, transfer of request, engagement with ICO.

09/06/2008

Prompted by one complaint. Letter sought assurances that this was not evidence of systematic approach.

Closed

Authority / CMEH Reference

Parent body (where applicable)

Enforcement Issues

Contact Initiated

Action Taken

Current Status

Gloucestershire Constabulary ENF0250774

PA appear to be experiencing resource difficulties which may be leading to difficulties in securing s10 compliance. May not have adopted new model publication scheme

08/06/2009

Letter sent to authority outlining our concerns and requesting clarification of the PA's approach

Closed

Greater Manchester Police FPR0184792

s45 (IR)

03/12/2007

Initial contact informal, however unclear whether IR timescales set out in IC's guidance have been adopted. Advised to adopt IR timescales with immediate effect. Progress appears to have been made since PR was issued.

Open

Gwent Police ENF0273948

s10

15/10/2009

Force proactively contact ICO to advise of the difficulties they are facing in responding to requests within 20 w/days

Closed

Her Majesty's Revenue and Customs (HMRC) ENF0201106

s1 / s8 (recognition of requests), s10, s45 (IR)

09/06/2008

Warning letter re failures and potential enforcement action

Closed

Independent Police Complaints Commission ENF0301823

s1 / s10 - backlog of requests

17/03/2010

Letter seeking clarification on present situation sent

Open

Kent Police
ENF0262173

s10 (backlog), s17, s19 (may not have adopted new model publication scheme)

12/08/2009

Letter sent to PA outlining concerns, providing advice on s17 and s40, and requesting further info on s10 stats, staff resources and plans to clear backlog. Monthly figures obtained.

Closed

Lancashire Constabulary ENF0223412

s10, s17, s45 (IR), s46, engagement with ICO, inappropriate use of s22, publication scheme

18/12/2008

Initial contact letter sent. PA implemented new procedures and gave assurances that engagement/s10 issues resulted from temporary resource issue that has now been addressed with additional staff. Some ongoing engagement issues.

Closed

Metropolitan Police Service ENF0201053

s17, s45 (advice & assistance (blanket exemptions) and IR)

04/06/2008

Warning letter sent. Meeting to discuss issues held

Open

Ministry of Justice (MOJ) ENF0233255

s10 breaches and practice of issuing holding letters; s17 PIT delays and repeated extensions; s16 - failure to provide advice and assistance when applying s12.

23/02/2009

Informal letter sent flagging concerns and seeking clarification of approach/assurances in relation to practice/performance. MOJ's response outlined a number of initiatives to address s10/PIT/IR issues. MOJ to provide quarterly stats to assist with monitoring.

Closed

National Offender Management Service (NOMS) FPR0179447

Ministry of Justice (MoJ)

s10, s17, s45 (IR and advice & assistance), extension of PIT

10/03/2008

s45 PR issued - advice & assistance and complaints procedure. Further DNs issued post PR resulted in letter to Permanent Secretary

Closed

Northern Ireland Legal Services Commission (NILSC)
ENF0225636

s10 (2-year delay), awareness of Act

03/03/2009

Informal letter sent. Assurances given in relation to time for compliance. Project underway to implement publication scheme. No other outstanding issues.

Closed

Northumbria Police Authority FPA0276156

s19 - possible non-adoption of full model scheme

13/08/2010

Letter sent seeking clarification

Open

Police Service Northern Ireland (PSNI) ENF0183187

s10, s12, s16, s17, s45 (IR and advice & assistance). Inappropriate application of s38.

12/11/2007

Advised of repeated and systemic failures in meeting at Belfast office on 06/11/2007. Various follow up meetings including senior management FOI seminar. Internal review of policies and procedures followed by ICO review and comments.

Closed

South Wales Police
ENF0232694

s10, s16

24/02/2009

Letter sent seeking further information. Wales office met to offer GP advice. Assurances given and additional staff recruited. ICO reviewed policies/procedures. Monitoring ongoing.

Closed

Staffordshire Police Authority FPA0276156

s19 - possible non-adoption of full model scheme

13/08/2010

Letter sent seeking clarification

Open

UK Border Agency (UKBA) FPR0207274

Home Office

s10, s45(time for IR), engagement with ICO.

16/07/2008

Informal letter asked for evidence of request handling/IR procedures. Sought assurances that performance would approve in the areas identified.

Closed

Valuation Office Agency (VOA) FS50214724

Inland Revenue (HMRC)

s1, s10 - multiple requests appear to have been ignored or dealt with out of time

02/12/2008

GPE have intervened early in an attempt to avoid submittal of multiple section 10 complaints. VOA have been asked to explain their approach

Closed

West Yorkshire Police ENF0226831

s10 - see article at http://www.thetelegraphandargus.co.uk/news/3974858.Police_swamped_by_information_queries/

22/01/2009

Letter sent. Further clarification of PA's approach provided. Over reliance on ACPO guidance may be leading to problems with compliance / conformity. Meeting to be held in July 09. ACPO guidance has since been amended and this may alleviate some of the problems in this and other cases

Open

Authority / CMEH Reference

Parent body (where applicable)

Enforcement Issues

Contact Initiated

Action Taken

Current Status

Department of Health (DoH) FPR0187217 (s45) & FPR0224884 (s46)

s1, s10, s17, s45 (IR, transferral of requests and consultation with 3rd parties), s46

31/03/2008

s45 PR issued - advice & assistance, transferring requests, consultation with 3rd parties, complaints procedure

Open

Department for Children, Schools and Families (DCSF) ENF0277901

s10 (possible backlogs), s17, s45 (IR) interaction with the ICO

27/11/2009

Letter outlining concerns and explaining our wish to monitor compliance sent

Closed

Department for Transport (DfT) ENF0205310

Engagement with ICO, S45 (IR), S46

31/10/2008

Letter sent asking for confirmation and details of how these issues are being addressed

Closed 13/08/2010

East Lancashire Hospitals NHS Trust ENF0271699

s46 - records management, s77 - allegation made but insufficient evidence to pursue

Letters to FOI contact and Chief Executive of the Trust have produced no response

Closed

Health and Safety Executive ENF0279958

s10-, s17, s45

11/01/2010

Letter sent seeking clarification of procedures and stats in relation to use of PIT and time for IR.

Closed

Hounslow Primary Care Trust FS50133893

s1, s10, s45 (IR), s46 (significant piecemeal disclosure)

17/03/2008

DN cites breaches. OM mentions two Ins and advised PA to contact TNA. OM also severely critical of handling

Closed

North Staffordshire PCT ENF0235633

s1 (establishing extent of info held), s17, s19, s45 (IR), s46, delays in responding to ICO, lack of understanding about the Act

03/03/2009

Letter sent asking for details of PA's approach to handling requests

Closed

Nursing & Midwifery Council ENF0238653

s1 - (Piecemeal disclosure); s46 (unable to account for premature disposal of information); s17 (inadequate RNs); blanket use of s14; maintenance of incorrect approach (post DN) in relation to requests relating to 3rd party personal data.

27/03/2009

Letter sent 27 March 2009.

Closed

Queen's University Belfast ENF0252267

Awaiting clarification

n/a

Awaiting clarification

Closed

Royal Mail Group (PLC) ENF0170029

s10, s12, s16, s17, s45 (IR and advice & assistance)

13/07/2007

Requested explanation and copies of relevant polices. Formally warned re potential action

Closed

South Essex Partnership NHS Trust FS50082764

s45 IR (senior officer) & s46 RM (piecemeal disclosure)

08/08/2007

DN (OM) advised of failures and ongoing monitoring

Closed

University East Anglia ENF0280278

Potential good practice issues

Open

University of Salford ENF0279712

s45 IR

Letter sent 20/04/10.

Closed

Vehicle and Operator Services Agency (VOSA) ENF0216651

Department for Transport

s12, s16, s17, s45 (IR)

28/10/2008 (DN 146033)

DN 146033 (OM) critical of request handling. Some minor s12 / s16 issues arising in other cases

Closed

West Hertfordshire NHS Trust ENF0193310

s10, s17, s45 (IR), s46 (lack of corporate RM)

29/02/2008

Meeting held, warned of ongoing monitoring

Closed