Dear Information Commissioner’s Office,
In a 21 July 2016 decision notice the FIRST-TIER TRIBUNAL (Appeal No: EA/2016/0021) GENERAL REGULATORY CHAMBER (INFORMATION RIGHTS) upheld an appeal in respect of the Dicconson Group Practice. The Tribunal’s 21 July 2016 decision stated; ‘Action Required. The Public Authority must by 2 September 2016 disclose to the Complainant the minutes of all practice meetings for the period 2009 to 1 September 2015 redacted to remove any commercially sensitive or personal data.’
Your (from Ms Clare Nicholson Solicitor) 16 January 2017 at 10:29 email (regarding Appeal No: EA/2016/0021) stated;
‘Further to the Tribunal’s decision of 21 July 2016, you wrote to the Tribunal setting out concerns about the public authority’s response to you. Those concerns were passed on to the Commissioner because, as set out previously, where there is a concern about whether a public authority has complied with a decision notice (whether one issued by the Commissioner or a substituted decision notice issued by the Tribunal), the Commissioner has responsibility for its enforcement. ‘
In a 12 June 2017 at 14:34 email you received evidence that the Dicconson Group Practice, in all probabilities, had failed to fully comply with the Tribunal’s (Appeal No: EA/2016/0021) 21 July 2016 decision notice.
To date, so it appears, you have failed to ensure that the Dicconson Group Practice fully complied with the Tribunal’s 21 July 2016 (Appeal No: EA/2016/0021) decision notice.
Please inform me whether or not you hold information in a recorded form that states;
1). What are your responsibilities and what must you do, where there is a concern about whether a public authority has complied with a Tribunal’s decision notice, to ensure the Tribunal’s decision notice is enforced.
2). Why you have failed to enforce the Tribunal’s (Appeal No: EA/2016/0021) 21 July 2016 decision notice in respect of the Dicconson Group Practice.
3). What you intend doing to ensure the Tribunal’s (Appeal No: EA/2016/0021) 21 July 2016 decision notice is complied with by the Dicconson Group Practice’s general practitioners.
If you do hold the above specified information please send me a copy.
Thank you for contacting the Information Commissioner’s Office. We confirm
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If you have raised a new information rights concern - we aim to send you
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The Information Commissioner’s Office
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30 April 2018
Case Reference Number IRQ0736034
Dear Mr Adedeji,
In response to your email of 30 March 2018 in which you submitted an
information request to the Information Commissioner’s Office (ICO). Your
request has been dealt with under the Freedom of Information Act 2000
(FOIA) and our response is below.
You requested the following information:
“Please inform me whether or not you hold information in a recorded form
1). What are your responsibilities and what must you do, where there is a
concern about whether a public authority has complied with a Tribunal?s
decision notice, to ensure the Tribunal?s decision notice is enforced.
2). Why you have failed to enforce the Tribunal?s (Appeal No:
EA/2016/0021) 21 July 2016 decision notice in respect of the Dicconson
3). What you intend doing to ensure the Tribunal?s (Appeal No:
EA/2016/0021) 21 July 2016 decision notice is complied with by the
Dicconson Group Practice?s general practitioners.
If you do hold the above specified information please send me a copy.”
We understand that your request relates to First-Tier Information Rights
Tribunal case Adedeji v ICO and Dicconson Group Practice (EA/2016/0021)
and associated case reference FS50599435.
The ICO issued a decision notice on 16 December 2015 not upholding your
complaint about Dicconson Group Practices’ (DGP) application of section
14(1) FOIA to your request for meeting minutes. You appealed to Tribunal
and a substitute decision notice revising the position was issued on 21
July 2016. The substitute decision notice required DGP to disclose “the
minutes of all practice meetings for the period 2009 to 1 September 2015
redacted to remove any commercially sensitive or personal data.”
In response to point one, we would signpost you to our FOIA Regulatory
Action Policy which explains our responsibilities and the options
available in relation to our enforcement powers. As this policy is
publicly available on our website it is technically exempt from disclosure
under section 21 FOIA because it is reasonably accessible by other means.
FOIA Regulatory Action Policy
It may be helpful to explain that a public authority must take steps to
comply within 35 calendar days of the date of issue of a decision notice.
Failure to comply may result in the ICO making written certification of
this fact to the High Court pursuant to section 54 of the FOIA and may be
dealt with as a contempt of court. You can read section 54 here:
We are able to confirm that we do not hold any recorded information within
the scope of points two or three of your request. The FOIA Appeals
Department has explained to you that the ICO does not propose to pursue
concerns raised in relation to information within the disclosed practice
minutes being inappropriately withheld, because the substitute decision
notice made provision for the redaction of any commercially sensitive or
An explanation of our position was supplied to you by email on 20 April
2017 at 16:25. If you require a copy of that email please let us know. In
conclusion, we consider the matter of compliance with and enforcement of
the substitute decision notice issued by the Tribunal to be closed.
If you are dissatisfied with this response 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 Access Team at the address below or
email: [ICO request email]
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
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 our Customer Contact Team, at the address given or visit the
‘Complaints’ section of our website to make an FOIA or Environmental
Information Regulations complaint online.
A copy of our review procedure can be accessed from our website here:
ICO Review Procedure
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
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