Freedom of Information Public Interest Tests
Under the Freedom of Information Act any requests where a conditional exemption may be applicable is required to go to a Public Interest Test (PIT). A Public Interest Panel (PIP) sit to decide whether or not they agree the information should be released. Decisions of the panel are listed as follows:
FOI/3765/2011
REQUEST: Details of complaints received against councillors
CONSIDERATION: The request was considered by the Panel under s40 Personal information, S41 Information Provided in Confidence and S44 Prohibited by Other Legislation.
RESULT: It was the unanimous decision of the Panel to withhold the information requested under S44 of the Freedom of Information Act 2000 - Prohibited by Other Legislation. In this case, the legislation relating to the request was The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 Regulation 8 (2).|
FOI/3399/2011
REQUEST: Full access to all information held on file regarding a farm and planning enforcement
CONSIDERATION: S12(5)(b) of the Environmental Information Regulations 2004. Namely information likley to adversely affect the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature.
RESULT: The Panel unanimously agreed to withhold the information which related to legal advice.
FOI/2747/2010
REQUEST: A copy of the gis map referred to in the final report on "renewable energy projects on county council land". The map revealed potential sites for consideration in a renewable energy project.
CONSIDERATION: The map was considered by the panel under s43 (commercial interests) of the Freedom of Information Act.
RESULT: It was the unanimous decision of the panel to withhold based upon concerns for the commercial interests of both the authority and residents if sites under consideration were released.
FOI/2417&2418/2010
REQUEST: 14) A copy of your contracts register for IT detailing all current contracts including start date, end date, contract value, suppliers name and contact details and contact details of contract manager
CONSIDERATION: Freedom of Information Act 2000 s43 Commercial interests
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Information is exempt information if it constitutes a trade secret.
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Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
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The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2).
RESULT: It was the conclusion of the public interest test panel that entries relating to IT contracts only should be released as per the request.
FOI/2392/2010
REQUEST: Costings for the work that is actually being undertaking at the moment, as well as the other options considered' on the A38 between Weeford to Bassett's Pole.
CONSIDERATION: Under the Freedom of Information Act 2000:
Section 43 Commercial interests
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Information is exempt information if it constitutes a trade secret.
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Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
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The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2).
Panel considered the cost breakdown in light of the above and concluded that the information relating to this request did not prejudice the commercial interests of any of the related parties and that there was a public interest in release.
RESULT: It was the unanimous decision of the Public Interest Test Panel to release the data.
FOI/2176/FOI
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REQUEST:
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a) Could you provide me with a copy of the Service Level Agreement or equivalent that is entered into between the schools and the council?
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b) Could you provide me with the number of employees per school? {RELEASED}
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c) These figures appear to be based on a formula could you please explain on what basis are these costs calculated?
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CONSIDERATION: Freedom of Information Act 2000 Section 43 Commercial interests
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RESULT: It was the unanimous decision of the Public Interest Test panel to withhold the information requested under points A and C under Section 43 of the Freedom of Information Act 2000, Commercial Interest. The information related to the methodology of providing the service and calculating the costs. The total cost of the service has already been released.
FOI/1916/09/MK
Which permanent speed camera site in your area has been responsible for issuing the most Fixed Penalty Notices in total for 2005, 2006, 2007 and 2008. Exemptions considered: S31 Law Enforcement S38 Health and Safety Result: The panel considered s31 and s38 and decided that there was a risk to law enforcement and health and safety if the cameras were damaged as a result of release, and if the cameras were not working and therefore not recording offences through damage. The information would be withheld under s31 and s38.
FOI/1833/FOI
Request the disclosure of the following information under the Freedom of Information Act 2000 relating to the registration ( whether pre- or post- registration) of land at Newpool Meadows, Knypersley, Staffordshire as a town or village green. Copies of all correspondence including letters, e-mails, telephone attendance notes, written advice and notes of oral advice and other recorded forms of communication between Ms Lana Wood, counsel and Staffordshire County Council. Copies of all correspondence including letters, e-mails, telephone attendance notes, written advice and notes of oral advice and other recorded forms of communications between Mr Vivian Chapman,Q.C. and Staffordshire County Council. The unanimous decision of the Public Interest Test Panel was to withhold the information under S42 of the Freedom of Information Act 2000 - Legal Professional Privilege.
FOI/1747/2009
With plans to use local libraries as medical distribution centres in the event of a swine flu outbreak, what risk assessments and subsequent safety measures have been implemented to protect the staff? Consideration was given to Section 38(1) Information is exempt information if its disclosure under this Act would, or would be likely to - (a) endanger the physical or mental health of any individual, or (b) endanger the safety of any individual. It was agreed that since the risk assessment was generic and gave no specific information with regard to procedures or where the drugs may be stored, the information could be released.
FOI/1730/2009
Request for all internal correspondence between Staffordshire County Council and East Staffordshire Borough Council re land situated in east Staffordshire. Consideration under Environmental Information Regulations 2004 S12 (4) (e) the request involves the disclosure of internal communications and S12 (5) (b) the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature. Decision of the Public Interest Test Panel was to withhold the information.
FOI/1695/FOI
Copies of minutes and notes re National Elective Home Education Forum for the last two years. The unanimous decision of the Public Interest Test Panel was to withhold under Section 36 of the Freedom of Information Act 2000, prejudice to effective conduct of public affairs.
FOI/1393/2009 and FOI/1438/2009
Two requests for copy of Council's response to the DCSF's questionnaire responding to Elective Home Education Provision. Section 36(2)(b) (would, or would be likely to, inhibit (i) the free and frank provision of advice, or (ii) the free and frank exchange of views for the purposes of deliberation) and Section 36(2)(c) ( would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs) of the Freedom of Information Act were considered. The unanimous decision of the Public Interest Test Panel was to release the information.
FOI/1229/2008 Passenger Transport Company Compliance File
Request was made for a copy of a travel company's compliance file held by Passenger Transport. This information was withheld under Section 43 (commercial interests).
FOI/1218/2008 Payments made to a Company
A solicitor made a request for Staffordshire County Council to confirm what, if any, payments had been made to a named company. Sections 40 (personal data), 41 (information provided in confidence) and 43 (commercial interests) were considered. All information was released.
FOI/1134/2008 Legal Fees spent on PFI Projects
A request was made for the total legal spend on 2 no. specific PFI projects. Sections 41 (information provided in confidence), 42 (legal professional privilege) and 43 (commercial interests) were considered. Information was released in full.
FOI/1009/2008 Payments made to a Company
A request was made for monies spent as part of a school refurbishment. Sections 22 (future publication), 41 (information provided in confidence) and 43 (commercial interests) were considered. Sections 41 and 43 did not apply. However, Section 22 was applied. Partial release of information.
FOI/638/2007 Details of intestate deaths
Request made for the name, last known address, date of birth, date of death and estimated size of estate for any persons who have died since June 2006 in the local authority area and whose details have been passed on to either the Treasury Solicitor, Duchy of Lancaster/Cornwall and the QLTR (in Scotland). All information released.
FOI/385/2006 Details of financial problems requested
A company requested financial details on the top three non statutory providers of services to people with learning disabilities and mental health problems. Section 43 (Commercial Interests) was considered, however, all information was released.
FOI/374/2006 Details of rival tender presentations requested
A company made a request to view various copies of tender presentations. Both Section 40 (Personal Data) and Section 43 (Commercial Interests) were considered. The majority of information was released. However, certain information was withheld under both Section 40 and Section 43.
FOI/84/2005 Information concerning a contract with an actuary
A requestor sought information on Staffordshire County Council's pension scheme. Some of the information requested related to a contract with an Actuary. PIP considered Section 41 (confidence), it was decided to withhold information falling within this exemption.
FOI/77/2005 Information relating to speed cameras
Information was requested about speed cameras. One question asked for information relating to speed. PIP considered Section 31 (law enforcement), and Section 38 (health and safety). It was decided to withhold this information but release everything else.
FOI/64/2005 Information re a local estate
A requestor wanted details on a local estate. Some of the information was considered in light of Section 41 (confidence). Information falling within this exemption was withheld.
FOI/46/2005 Information on phone masts
Information was requested on phone masts and site rental within the County. PIP considered section 41 (confidence), in relation to site rental. It was decided to withhold site rental details.
FOI/36/2005 Release of County Parish Holding Numbers
A requestor asked for County Parish Holding Numbers to be released. Advice was sought from DEFRA. PIP considered sections 31 (Law Enforcement), section 41 (confidence) and section 43 (commercial interests). Information was withheld under all of the above exemptions.
FOI/35/2005 Information relating to a public footpath
Information on a public footpath was requested, this information related to on going court proceedings. It was decided to release all information, apart from that to be used in court.
FOI/21/2005 Details of complaints to Trading Standards requested
Details were requested from trading standards relating to complaints they had received from a specific company. Section 43 (commercial interests) was considered, as was legal advice from trading standards. Common practice is to transfer such requests to the home authority (the council in which the factory is based). The request was transferred, and information released.
FOI/13/2005 Details of VIN numbers on Staffordshire County Council vehicles
Two requests were received requiring a list of Vehicle Identification Numbers from County Council Vehicles. Section 31 (law enforcement) was considered. It was decided to withhold the numbers.
FOI/10/2005 Details re Staffordshire County Council Pension Scheme
Applicant requested information relating to investments, performance figures, funds allocation and plans for future investment. Section 43 (Commercial interests) was considered by the PIP. It was decided to withhold the information.
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