Section 54 FOI

Tony Wise made this Freedom of Information request to Information Commissioner's Office

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Information Commissioner’s Office,

The ICO places the following information in relevant decision notices.

"The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as contempt of court".

1/ Since the Act came into effect how many times has the ICO made written certification to the High Court that a public authority has not taken the steps as ordered within the alloted 35 calendar days.
2/ Which public authorities were involved?
3/ What were the relevant decision notice reference numbers?

If any clarification is required please ask. I will also modify my request if it is reasonably necessary.

Yours faithfully,

Tony Wise

Information Commissioner's Office

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17th April 2012

Case Reference Number IRQ0444653

Dear Mr Wise

Request for Information
 
Thank you for your correspondence dated 17 April 2012, in which you
enquired about the ICO’s use of section 54 of FOIA.
 
Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond promptly, and no later than 16 May
2012 which is 20 working days from the day after we received your request.
 
Should you wish to reply to this email, please be careful not to amend the
information in the ‘subject’ field. This will ensure that the information
is added directly to your case. However, please be aware that this is an
automated process; the information will not be read by a member of our
staff until your case is allocated to a request handler.
 
Yours sincerely
 
 
 
Richard Sisson
Lead Internal Compliance Officer
Information Commissioner’s Office

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

Information Commissioner's Office

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11th May 2012

Case Reference Number IRQ0444653

Dear Mr Wise

I am writing further to our email dated 17 April 2012 in which we
acknowledged your request for information to the Information
Commissioner’s Office (ICO).
 
As previously explained we are treating your request as a request for
information under the Freedom of Information Act 2000 (FOIA).
 
Specifically your request stated;
“The ICO places the following information in relevant decision notices.

"The public authority must take these steps within 35 calendar days of the
date of this decision notice. Failure to comply may result in the
Commissioner making written certification of this fact to the High Court
pursuant to section 54 of the Act and may be dealt with as contempt of
court".

1/ Since the Act came into effect how many times has the ICO made written
certification to the High Court that a public authority has not taken the
steps as ordered within the alloted 35 calendar days.
2/ Which public authorities were involved?
3/ What were the relevant decision notice reference numbers?”
 
In answer to part 1 of your request please be advised that the ICO has not
made any written certification to the High Court that a public authority
has not taken the steps as ordered by a Decision Notice within the 35
calendar days.
 
As you will appreciate therefore we do not hold any recorded information
in relation to parts 2 and 3 of your request.
 
If you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your
request has been handled you should write to the Information Governance
Department at the address below or e-mail
[1][email address]
 
Your request for internal review should be submitted to us within 40
working days of receipt by you of this response.  Any such request
received after this time will only be considered at the discretion of the
Commissioner.
 
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the First Contact Team, at the address below or visit the ‘Complaints’
section of our website to make a Freedom of Information Act or
Environmental Information Regulations complaint online.
 
A copy of our review procedure is available [2]here.

Yours sincerely

Joanne Crowley
Lead Information Governance Officer

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. mailto:[email address]
2. http://www.ico.gov.uk/about_us/~/media/d...

Dear Information Commissioner’s Office,

Follow up request.

Has any referral to the courts been made by the ICO against any public authority at any time about any breach of the Act or item of concern that has been raised via any decision notice since January 2005? Please provide full details.

Has any action been taken against any public authority by the courts after a concern or breach of the Act as raised in any decision notice was raised with the courts by the ICO since January 2005? Please provide full details.

If the ICO requires any clarification please ask.

Yours faithfully,

Tony Wise

casework,

Thank you for emailing the Information Commissioner’s Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 

If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. 

 

If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

 

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated.

 

If you require any further assistance please contact our Helpline on 0303
123 1133 or 01625 545745 if you prefer to use a national rate number.

 

Thank you for contacting the Information Commissioner’s Office

 

Yours sincerely

 

ICO Customer Contact Department

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

Information Commissioner's Office

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28 May 2012

Case Reference Number IRQ0450224

Dear Mr Wise

Request for Information
 
Thank you for your correspondence of 22 May 2012, in which you made a
further information request.
 
Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 20 June 2012 which is 20 working
days from the day after we received your request.
 
Should you wish to respond to this email please be careful not to amend
the information in the ‘subject’ field. This will ensure that the
information is added directly to your case. However, please be aware that
this is an automated process; the information will not be read by a member
of our staff until your case is allocated to a request handler.
 
Yours sincerely
 
 
 
Andrew Walsh
Lead Information Governance Officer
01625 545 363

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

Information Commissioner's Office

PROTECT

12th June 2012

Case Reference Number IRQ0450224

Dear Mr Wise

I am writing further to our email dated 28 May 2012 in which we
acknowledged your request for information to the Information
Commissioner’s Office (ICO).
 
As previously explained we are treating your request as a request for
information under the Freedom of Information Act 2000 (FOIA).
 
Specifically your request stated;
“Has any referral to the courts been made by the ICO against any public
authority at any time about any breach of the Act or item of concern that
has been raised via any decision notice since January 2005? Please provide
full details.

Has any action been taken against any public authority by the courts after
a concern or breach of the Act as raised in any decision notice was raised
with the courts by the ICO since January 2005? Please provide full
details.”
 
In answer to your request since January 2005 to date there have been no
referrals by the ICO to the Courts in regard to public authorities’
compliance with the FOIA, therefore as you will appreciate no “action” has
been taken by the Courts.
 
Whilst it is outside the scope of your request, for your information the
ICO did once make a referral to the Courts in relation to a public
authority’s compliance with the FOIA.
 
This was a case in 2004 concerning Allerdale Borough Council.  The ICO
served an Enforcement Notice requiring the Council to adopt a publication
scheme in accordance with section 19 of the FOIA which they failed to do
within the time specified.  We then certified in writing to the High Court
under section 54 of the FOIA that the Council had not complied with the
Enforcement Notice within the time specified.  The case was heard by the
High Court in Chester but dismissed (Claim No: 4MC 00507) on 24 June
2004. 
 
I trust that this information is of use to you however if you are
dissatisfied with the response you have received and wish to request a
review of our decision or make a complaint about how your request has been
handled you should write to the Information Governance Department at the
address below or e-mail [1][email address]
 
Your request for internal review should be submitted to us within 40
working days of receipt by you of this response.  Any such request
received after this time will only be considered at the discretion of the
Commissioner.
 
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the First Contact Team, at the address below or visit the ‘Complaints’
section of our website to make a Freedom of Information Act or
Environmental Information Regulations complaint online.
 
A copy of our review procedure is available [2]here.

Yours sincerely

Joanne Crowley
Lead Information Governance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. mailto:[email address]
2. http://www.ico.gov.uk/about_us/~/media/d...